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United States v. Aguilar
Grant of default judgment does not require court to articulate why the case presents ‘extreme circumstances;’ lack of meritorious defense justifies denial of appellants’ motion to set aside default. 		Civil Procedure Apr. 12, 2015
United States v. Sahagun-Gallegos
Government may not condition motion for third-level reduction on defendant’s agreement to waive appeal rights; error to apply sentencing enhancement when defendant didn't admit elements of qualifying ‘crime of violence.' 		Criminal Law and Procedure Apr. 12, 2015
Astiana v. Hain Celestial Group
District court should have stayed proceedings involving cosmetics labeling pending FDA action instead of outright dismissing consumer’s claims. 		Consumer Law Apr. 12, 2015
Nigro v. Sears, Roebuck and Co.
Ulcerative colitis sufferer may proceed with discrimination claim alleging Sears fired him due to his disability. 		Employment Law Apr. 12, 2015
Cal. Charter Schools Assn. v. L.A. Unified School Dist.
School district must count the number of classrooms at ‘comparison school groups’ when allocating classrooms to charter schools; its ‘norming ratios’ fail to comply with Proposition 39 implementing regulation. 		Education Apr. 9, 2015
C.W. v. Capistrano Unified Sch. Dist.
Deliberate ruling below by Administrative Law Judge helps substantiate plaintiff’s claims as non-frivolous. 		Civil Procedure Apr. 9, 2015
Ram’s Gate Winery LLC v. Roche
Purchaser may proceed with its claims against sellers who failed to disclose active fault trace in Sonoma winery property. 		Real Property Apr. 9, 2015
Golden v. Cal. Emergency Physicians
California Business and Professions Code Section 16600 applies to restraints on professional practice, and not just to non-compete covenants. 		Contracts Apr. 8, 2015
People v. Rodriguez
Robber properly sentenced for both robbery and evading arrest offenses where latter offense was not merely incidental to commission of robbery. 		Criminal Law and Procedure Apr. 8, 2015
People v. Sedillo
Where jury acquits defendant of premeditation in attempted premeditation murder trial, attempted murder convictions must be dismissed as time-barred. 		Criminal Law and Procedure Apr. 8, 2015
Association of California Insurance Cos. v. Jones
Insurance Commissioner lacks authority to promulgate regulation related to homeowner insurance involving replacement coverage. 		Insurance Apr. 8, 2015
Barboza v. Cal. Ass'n of Prof. Firefighters
Firefighters’ long-term disability plan meets the requirements for a trust under 29 U.S.C. § 1103(a), though not expressly described as such. 		Employment Law Apr. 7, 2015
People v. Ford
Man linked to 1981 killing by DNA evidence fails to overturn murder conviction by arguing autopsy report violated confrontation clause. 		Criminal Law and Procedure Apr. 7, 2015
In re Salamon
Foreclosure sale that extinguishes creditor’s lien on debtor’s property also extinguishes his ability to apply rights under 11 U.S.C. §1111(b)(1)(A). 		Bankruptcy Apr. 7, 2015
People v. Johnson
Expert testimony of defendant’s paraphilic coercive disorder, along with other evidence, enough to substantiate jury determining him a sexually-violent predator. 		Criminal Law and Procedure Apr. 7, 2015
Contra Costa County v. Pinole Point Properties
Failure to keep drainage channel clear supports finding against downstream property owner for flooding to residential properties. 		Real Property Apr. 6, 2015
County of L.A. v. Williamsburg National Ins. Co.
Surety requesting extension as to bail forfeiture must be given hearing before summary judgment may be entered. 		Civil Procedure Apr. 6, 2015
McMonagle v. Meyer
Order 		Criminal Law and Procedure Apr. 6, 2015
Coffey v. Shiomoto
Circumstantial, non-chemical-test evidence of driver’s impairment may rebut driver’s proffered defense that her BAC was low at the time she was driving. 		Administrative Agencies Apr. 6, 2015
People v. Diaz
Courts not required to sua sponte provide cautionary jury instruction for offense of making criminal threats. 		Criminal Law and Procedure Apr. 6, 2015
Shinault v. Hawks
State’s obligation to provide medical care does not extend to shielding inmate’s assets gained from medical-related lawsuit. 		Prisoners Rights Apr. 6, 2015
Friends of Oceano Dunes Inc. San Luis Obispo County Air Pollution Control District
Trial court stretches ‘contrivance’ to describe a state park in allowing San Luis Obispo Air Pollution Control District to regulate air emissions from park. 		Environmental Law Apr. 6, 2015
Delano Farms Co. v. Cal. Table Grape Com.
California Table Grape Commission’s conduct is government speech and thus immune from challenge under the constitution. 		Constitutional Law Apr. 6, 2015
People v. Keith
Drug offender’s sentence for crack cocaine-related offenses is reduced in light of recent changes in the law affecting cocaine. 		Criminal Law and Procedure Apr. 6, 2015
People v. Guzman
Prop 47’s definition of ‘unreasonable risk of danger to public safety’ may not be applied to Prop 36 resentencing petitions. 		Criminal Law and Procedure Apr. 5, 2015
U.S. v. Tamman
Application of Broker-Dealer and Special Skill sentence enhancements to attorney’s crimes does not run afoul Sentencing Guideline’s prohibition on double counting. 		Criminal Law and Procedure Apr. 5, 2015
Chula Vista Citizens v. Norris
Chula Vista ballot initiative requirements do not violate First Amendment. 		Civil Rights Apr. 5, 2015
U.S. v. Simmons
Offender’s prior escape conviction in Hawaii does not constitute ‘crime of violence’ under career offender guidelines to warrant sentence enhancement. 		Criminal Law and Procedure Apr. 5, 2015
Sedlock v. Baird
School yoga program did not constitute an establishment of religion in violation of the California Constitution. 		Constitutional Law Apr. 5, 2015
Ong v. Fire Insurance Exchange
‘Malice,’ as used in insurance policy exclusion, should bear its plain, layperson definition in court, rather than a ‘malice in law’ definition. 		Contracts Apr. 5, 2015
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