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Name Category Published
People v. Dragasits
Order
Apr. 30, 2015
People v. Jones
Order
Apr. 30, 2015
People v. Lexington National Insurance Corp.
Order
Apr. 30, 2015
People v. Lexington National Insurance Corp.
Order
Apr. 30, 2015
U.S. v. Gardenhire
District court's application of recklessness enhancement in the absence of 'clear and convincing' evidence dilutes mens rea requirement and is overturned.
Criminal Law and Procedure Apr. 30, 2015
Santa Monica Nativity Scenes Committee v. City of Santa Monica
City of Santa Monica ordinance banning all unattended displays at parks is constitutional even though group that traditionally displayed Nativity scene at Pacific Park bore the brunt of it.
Civil Rights Apr. 30, 2015
People v. Vizcarra
Collateral estoppel bars relitigation of defendant's argument on appeal and modified sentence that corrects the imposition of an unauthorized sentence must be affirmed.
Criminal Law and Procedure Apr. 30, 2015
People v. Kopatz
Father who murdered his wife and child for financial gain fails to overturn death verdict.
Criminal Law and Procedure Apr. 30, 2015
Monsivaiz v. County Civil Service Com. (L.A. County Dept. of Ag. Comr.)
Dismissal of writ of mandate for lack of jurisdiction is proper where Los Angeles County employee died during pendency of writ proceeding and his widow wished to be deemed successor in interest.
Municipal Law Apr. 30, 2015
People v. Jackio
Where defendant seeking to waive his right to counsel during trial is advised of the maximum possible penalty, court is not also required to set forth the range of possible punishments defendant may face upon conviction
Criminal Law and Procedure Apr. 30, 2015
People v. Rusconi
High court ruling in <EM>People v. Vargas</EM> does not aid third-striker who killed multiple victims in 1986 drunk driving accident.
Criminal Law and Procedure Apr. 29, 2015
Cypress Semiconductor Corp. v. Maxim Integrated Products Inc.
Award of attorney fees to prevailing party is proper where plaintiff's claims of misappropriation of trade secrets were made in bad faith.
Torts Apr. 29, 2015
In re Briana V.
Father's appeal of jurisdictional findings in dependency proceedings are not justiciable because of their severity and multiplicity.
Dependency Apr. 29, 2015
Novak v. Fay
Attorney need not pursue a creditor's claim against estate and is entitled to enforce lien for attorney fees under Probate Code Section 9391.
Probate and Trusts Apr. 29, 2015
People v. Cook
In accordance with recent California Supreme Court ruling, sentence enhancements for great bodily harm in manslaughter case are reversed.
Criminal Law and Procedure Apr. 29, 2015
People v. Delacerda
Simple kidnapping conviction must be reversed where jury is not instructed to consider whether defendant's movement of victim was incidental to the commission of other crimes.
Criminal Law and Procedure Apr. 29, 2015
D.W., a Minor
Eye discomfort peace officer experienced is insufficient to establish requisite 'injury' element of felony battery with injury under Penal Code Section 243(c).
Juveniles Apr. 29, 2015
Mach Mining LLC v. Equal Employment Opportunity Commission
Equal Employment Opportunity Commission's conciliation activities is subject to very narrow judicial review.
Employment Law Apr. 29, 2015
Williams-Yulee v. Florida Bar
Florida law prohibiting judges and judicial candidates from personally soliciting funds for their judicial campaign does not violate First Amendment.
Constitutional Law Apr. 29, 2015
State of California v. FERC
FERC instructed to once more review ratemaking approach from during the California energy crisis of 2000-01.
Administrative Agencies Apr. 29, 2015
Tarbet v. East Bay Municipal Utility Dist.
Water district is not a local agency and is not required to obtain easement from property owner to provide water service prior to approval of final parcel map.
Real Property Apr. 29, 2015
Cholakian & Associates v. Superior Court (McDonold)
In multi-defendant case filed in wrong venue, answer must be filed by all defendants before trial court may consider opposition to motion to transfer venue.
Civil Procedure Apr. 29, 2015
Granadino v. Wells Fargo
Bank's statement that no foreclose sale was scheduled was not a promise but a statement of fact; does not give rise to promissory estoppel claim when sale was later scheduled and executed.
Contracts Apr. 29, 2015
In re Anthony
Appeal must be dismissed where court lacks jurisdiction over prosecution's appeal of order finding defendant factually innocent.
Criminal Law and Procedure Apr. 28, 2015
Northstar Financial Advisors v. Schwab Investments
Statements by mutual fund company as to fund objectives enough to substantiate agreement that may lead to breach of contract claims.
Contracts Apr. 28, 2015
Luna v. Kernan
Counsel's erroneous dismissal of federal habeas petition and misleading assurances constitute extraordinary circumstance that may entitle prisoner to equitable tolling under AEDPA.
Criminal Law and Procedure Apr. 28, 2015
U.S. v. Torralba-Mendia
Though district court's failure to instruct jury as to federal agent's dual role as expert and lay witness was plain error, said error was not prejudicial as two varieties of testimony were discrete.
Criminal Law and Procedure Apr. 28, 2015
Phillips v. Bank of America
Bank's service fees applied to Coogan Trust Accounts deemed impermissible withdrawals in violation of Family Code.
Banking Apr. 28, 2015
Monsivaiz v. County Civil Service Com. (L.A. County Dept. of Ag. Comr.)
Dismissal of writ of mandate for lack of jurisdiction is proper where Los Angeles County employee died during pendency of writ proceeding and his widow wished to be deemed successor in interest.
Municipal Law Apr. 28, 2015
People ex. Rel. California Dept. of Transportation v. Hansen’s Truck Stop Inc.
Property owner may be entitled to recover litigation expenses related to eminent domain action state instituted for purposes of building highway interchange.
Civil Procedure Apr. 27, 2015