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Wong v. Stoler
In real estate sale, court should have granted rescission due to clear misrepresentation by seller, despite the impracticability of unwinding the transaction.
Contracts Jun. 23, 2015
Valbuena v. Ocwen Loan Servicing
Tender of the amount due under a loan is not required to state cause of action under Section 2923.6 of California Homeowner's Bill of Rights.
Real Property Jun. 22, 2015
Horne v. Dept. of Agriculture
USDA regulation of California raisin producers, which required producers to place percentage of raisin crops in reserve, constitutes unconstitutional taking.
Constitutional Law Jun. 22, 2015
Kingsley v. Hendrickson et al
Objective reasonableness standard - rather than subjective standard - appropriate when analyzing excessive force claims brought by pretrial detainees.
Criminal Law and Procedure Jun. 22, 2015
City of Los Angeles v. Patel
Facial challenges can be brought under the Fourth Amendment; city law requiring hotel operators make their registries available to police is facially unconstitutional.
Constitutional Law Jun. 22, 2015
Kimble v. Marvel Entertainment LLC
High court declines to overturn 'Brulotte v. Thys;' hence, all patent-related benefits, including royalty payments, must cease at the expiration of the patent.
Intellectual Property Jun. 22, 2015
Bank of America, N.A. v. Glaspie
Order
Jun. 22, 2015
Bank of America, N.A. v. Madden
Order
Jun. 22, 2015
Bank of America, N.A. v. Brown
Order
Jun. 22, 2015
Kingdomware Technologies Inc. v. United States
Order
Jun. 22, 2015
Robinson v. Jewell
Native tribe's claim of Tejon Ranch property rejected for failure to file within two-year window created by 1851 California land dispute board.
Real Property Jun. 22, 2015
WildEarth Guardians v. Montana Snowmobile Association
U.S. Forest Service must revisit approval of plan designating portion of Beaverhead-Deerlodge National Forest for snowmobile use and allow public in decisionmaking process and implementation.
Environmental Law Jun. 22, 2015
In re Welch
Petitioner not entitled to habeas relief because he has not demonstrated prejudice for failure to provide evidence of child abuse.
Criminal Law and Procedure Jun. 22, 2015
Navarrete v. Meyer
Passenger may be liable for encouraging driver to race through dips, causing car to go airborne and fatally strike father.
Torts Jun. 22, 2015
Lee v. Cal. Capital Insurance Co.
Overbroad interpretation of insurance appraisal panel's purview renders court order an error.
Insurance Jun. 21, 2015
People v. Saez
Sentencing court improperly relied on record of conviction to make disputed determination that defendant's prior Wisconsin conviction qualified as 'strike' to increase sentence.
Criminal Law and Procedure Jun. 21, 2015
Litt v. Eisenhower Medical Center
Defendant may recover CCP 998 expert fees from plaintiff although co-defendant agreed to indemnify it for litigation costs.
Civil Procedure Jun. 21, 2015
Davis v. Fresno Unified School Dist.
Reversal of demurrer warranted where taxpayer adequately alleges 'lease-leaseback' between school district and contractor is not a genuine lease and contractor has a conflict of interest.
Education Jun. 21, 2015
Mitchell v. United States
Claim of ineffective assistance of counsel fails where counsel adequately investigated and made reasonable strategic decisions regarding intoxication defense and mitigation evidence.
Criminal Law and Procedure Jun. 21, 2015
Westchester Secondary Charter School v. Los Angeles Unified School District
School district made reasonable efforts to place charter school near its desired location and does not abuse its discretion by placing school in Crenshaw instead of Westchester.
Education Jun. 21, 2015
Schafer v. City of Los Angeles (Triangle Center LLC)
City is not equitably estopped from disallowing use of property that had long been used as parking lot in violation of zoning laws.
Municipal Law Jun. 21, 2015
West v. Arent Fox
Peremptory writ, rather than appeal, should be filed following grant of anti-SLAPP motion on SLAPPback claims.
Civil Procedure Jun. 18, 2015
Brumfield v. Cain
Death row inmate claiming mental disability is entitled to have his <EM>Atkins</EM> claim heard on the merits.
Criminal Law and Procedure Jun. 18, 2015
Davis v. Ayala
Any federal constitutional error from defense counsel's exclusion from 'Batson' proceedings is harmless because defendant failed to show he suffered 'actual prejudice.'
Criminal Law and Procedure Jun. 18, 2015
Ohio v. Clark
Three-year-old's out-of-court statements to teachers were not testimonial under the Confrontation Clause.
Constitutional Law Jun. 18, 2015
Walker v. Texas Division, Sons of Confederate Veterans Inc.
Texas DMV's denial of confederate group's license plate design does not implicate free speech protections because the plates convey government speech.
Constitutional Law Jun. 18, 2015
McFadden v. United States
Knowledge requirement from Controlled Substances Act must be applied in prosecution of purveyor of a controlled substance analogue.
Criminal Law and Procedure Jun. 18, 2015
Reed v. Town of Gilbert, Arizona
Town's comprehensive code governing manner in which people may display outdoor signs are content-based regulations and do not pass strict scrutiny.
Constitutional Law Jun. 18, 2015
Benko v. Quality Loan Service Corp.
Plaintiffs met 'local controversy exception' under Class Action Fairness Act and court abused its discretion in denying plaintiffs leave to amend complaint.
Civil Procedure Jun. 18, 2015
U.S. v. Lizarraga-Tirado
Google Earth satellite image and machine-generated digital 'tack' labeled with GPS coordinates make no assertion and are, thus, not hearsay.
Criminal Law and Procedure Jun. 18, 2015