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In re R.V.
Court errs in not applying correct deferential substantial evidence standard of review to juvenile court's determination of competency.
Juveniles May 18, 2015
Tri-Fanucchi Farms v. Agricultural Labor Relations Board (United Farm Workers of America)
Farm operator may not refuse to bargain with union despite union's purported abandonment because agricultural employees solely hold right to refuse.
Labor Law May 17, 2015
Gerawan Farming v. Agricultural Labor Rel. Bd.
Mandatory Mediation and Conciliation process, part of Cal. Labor Code, deemed an unconstitutional delegation of authority for its lack of guidance or standards.
Constitutional Law May 17, 2015
Riley v. McDaniel
Jury instruction defining 'deliberation' as part of 'premeditation' violates due process where law at defendant's trial defined deliberation as separate element of first-degree murder.
Criminal Law and Procedure May 17, 2015
People v. Hall
Probation condition prohibiting probationer from possessing any firearm is sufficiently clear and need not include knowledge requirement to protect against unwitting violations.
Criminal Law and Procedure May 17, 2015
Faton v. Ahmedo
Prevailing party in does not waive right to seek statutory attorney fees by not pleading and proving them at trial, where such fees are incidental to the principal cause of action.
Civil Procedure May 17, 2015
Williams v. Superior Court
In PAGA action, motion to compel discovery of list of statewide retail-store employees is properly denied as premature; reasonable for discovery to proceed in a more incremental fashion.`
Civil Procedure May 17, 2015
Garcia v. Superior Court (Southern Counties Express Inc.)
Trial court's failure to rule on threshold question of FAA's applicability to arbitration agreement warrants reversal of ruling compelling parties to arbitrate dispute.
Employment Law May 17, 2015
DisputeSuite.com, LLC, v. Scoreinc.com
Dismissal of case based on contractual forum-selection clause is not a 'final resolution' that renders defendants 'prevailing party' for purposes of contractual attorney fees award.
Contracts May 15, 2015
Baral v. Schnitt
Order
May 14, 2015
People v. Cisneros
Order
May 14, 2015
People v. Crockett
Order
May 14, 2015
Larsen (Kirby) on H.C.
Order
May 14, 2015
Exceptional Child Ctr. v. Armstrong
Order
May 14, 2015
United States v. Cazares
Reasons given for conducting voir dire in private insufficient to avoid violation of defendants' rights; defendants, however, waived their rights to be present and have a public trial.
Criminal Law and Procedure May 14, 2015
County of Nevada v. Superior Court (Siegfried)
County jail may not prohibit face-to-face visits between inmates and their attorneys absent circumstances justifying partitioned visits on individualized basis.
Prisoners Rights May 14, 2015
In re Coleman
Prisoner's consecutive sentence for felony committed while incarcerated cannot begin until date when he would have actually been released from prison, not from end of base term calculated by parole board.
Prisoners Rights May 14, 2015
M.M., a Minor
Juvenile court may not ignore Penal Code's clear mandate not to proceed with jurisdictional hearing without physical presence of incarcerated parent.
Dependency May 13, 2015
Her Majesty the Queen in Right of Canada v. United States District Court (Nathan Stoliar)
Canada not entitled to restitution under the Mandatory Victims Restitution Act because the scheme to which defendant pled guilty was different than the one perpetrated against Canada.
Criminal Law and Procedure May 13, 2015
Golden State Water Co. v. Casitas Municipal Water District
Casitas Municipal Water District may finance purchase of private water service utility by eminent domain through Mello-Roos financing.
Real Property May 13, 2015
U.S. v. Brown
Indigent criminal defendant obtains new trial for child pornography-related charges after court improperly denied his motion to fire retained counsel.
Criminal Law and Procedure May 13, 2015
U.S. v. Gonzalez
Trial court does not abuse discretion when it declines to offer defendant's proposed jury instruction as to specific unanimity, where trial court offers a similar instruction.
Criminal Law and Procedure May 13, 2015
People v. Denize
Defendant serving a Three Strikes sentence for both a serious and nonserious offense is not entitled to resentencing under the retrospective portion of the Three Strikes Reform Act.
Criminal Law and Procedure May 13, 2015
People v. Miranda
Voluntary waiver of right to counsel is knowing and intelligent despite later claims of mental health problems, which were not apparent when defendant invoked right to self-representation.
Criminal Law and Procedure May 13, 2015
People v. Hill
Murder conviction is reversed because jury was not instructed that it was required to decide whether the accused aided and abetted the killer at the time of the victim's death.
Criminal Law and Procedure May 13, 2015
Lozano v. Workers’ Compensation Appeals Board
Survivors of deceased firefighter may be entitled to workers' compensation benefits pursuant to recently enacted law extending 'cancer presumption' to firefighters.
Workers' Compensation May 13, 2015
American Civil Liberties Union Foundation of Southern California v. Superior Court (County of Los Angeles)
Records generated by Automatic License Plate Reader, which aids law enforcement in criminal investigations, are exempt from disclosure under California Public Records Act.
Government May 12, 2015
Cal. Bldg. Industry Assn. v. State Water Resources Control Board
Fee increase approved by a quorum of the California State Water Resources Control Board is valid under Water Code Section 181; Section 183 inapplicable.
Water Rights May 12, 2015
Diaz v. Kubler Corp.
Debtor does not violate FDCPA when it seeks prejudgment interest on a vested debt under California law even without a prior judgment.
Banking May 12, 2015
Comstock v. Humphries
Defendant is entitled to habeas relief where victim's recollection expressed doubt as to whether crime had been committed at all.
Criminal Law and Procedure May 12, 2015