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Name Category Published
Loanvest I LLC v. Utrecht
Trial court erroneously dismissed former client’s malpractice claim based on attorney’s alleged breach of loyalty in underlying lawsuit.
Attorneys Mar. 26, 2015
In re Aaron S.
Nonminor dependant’s minimal attempts to pursue education, employment merit termination of jurisdiction.
Dependency Mar. 26, 2015
Great Oaks v. Santa Clara Valley Water Dist.
Groundwater extraction fee is charge for water service and thus exempt from voter ratification under the California Constitution.
Taxation Mar. 26, 2015
Dickson v. Burke Williams Inc.
Employer not liable for failing to prevent sexual harassment where there is no viable underlying claim for harassment.
Employment Law Mar. 25, 2015
Alabama Legislative Black Caucus v. Alabama
Incorrect legal standard applied to racial gerrymandering claim where court considered state ‘as a whole’ rather than on district-by-district basis.
Constitutional Law Mar. 25, 2015
Young v. United Parcel Service Inc.
Former UPS driver may proceed with pregnancy discrimination lawsuit against UPS, which refused to accommodate her pregnancy due to lifting restrictions.
Disability Discrimination Mar. 25, 2015
United States v. Hymas
Relating to sentencing for mortgage fraud, clear and convincing standard applies when determining losses on counts for which defendant was not convicted.
Criminal Law and Procedure Mar. 25, 2015
U.S. V. Haischer
Abused ex-girlfriend escapes fraud conviction due to evidentiary errors that prevented her from presenting complete defense.
Criminal Law and Procedure Mar. 25, 2015
People v. Velasco-Palacios
Prosecuting attorney’s fabrication of interrogation testimony is egregious misconduct that prejudices defendant’s right to counsel; merits dismissal of charges.
Criminal Law and Procedure Mar. 24, 2015
B&B Hardware Inc. v. Hargis Industries Inc.
Error to not apply issue preclusion to Trademark Trial and Appeal Board finding in infringement action.
Intellectual Property Mar. 24, 2015
Omnicare Inc. v. Laborers District Council Construction Industry Pension Fund
Company’s legal-compliance opinion statement does not create liability under Securities Act merely because it ultimately proved to be incorrect.
Securities Mar. 24, 2015
Navarro v. Encino Motorcars
‘Service advisors’ not exempt from overtime pay under FLSA.
Labor Law Mar. 24, 2015
Kohler v. Bed Bath & Beyond of California LLC
Disabled customer is not liable for attorney fees incurred by store in litigating unsuccessful ADA lawsuit.
Disability Discrimination Mar. 24, 2015
Yee v. American National Insurance Co.
Preliminary injunction that is indistinguishable from judgment on the merits is improper, where extrinsic evidence is required.
Civil Procedure Mar. 24, 2015
Watts v. Oak Shores Community Assn.
Homeowner association may adopt reasonable rules and fees relating to short-term rentals.
Real Property Mar. 24, 2015
McCready v. Whorf
Widow may recover judgment lien from debtor through his business profits despite bankruptcy court’s discharge of debtor’s personal liability.
Civil Procedure Mar. 24, 2015
People v. Scott
California’s youth offender parole hearing under Penal Code Section 3051 renders juvenile homicide offender’s de facto life sentence constitutional.
Juveniles Mar. 23, 2015
Hyundai Motor America v. Superior Court
Consumer not entitled to post-judgment interest before final judgment entered in lemon law action.
Administrative Agencies Mar. 23, 2015
Amanatullah v. Obama, President of U.S., et al.
Order
Mar. 23, 2015
Al-Najar v. Carter, Secretary of Defense, et al.
Order
Mar. 23, 2015
United States v. Marcia-Acosta
Court errs in including sentencing enhancement under modified categorical approach when it focused on the facts rather than the elements pled to.
Criminal Law and Procedure Mar. 23, 2015
MTB Enterprises Inc. v. ADC Venture 2001-2 LLC
FIRREA requires dismissal of jilted borrower’s lawsuit against failed financial institution because it was filed in wrong court.
Civil Procedure Mar. 23, 2015
Boyce v. T.D. Service Company
Court declares ‘Enough!’ from homeowner who lost his home due to default and kept suing parties for wrongful foreclosure.
Civil Procedure Mar. 23, 2015
Ruelas v. Superior Court (People)
Sex registry requirement for juveniles adjudicated of misdemeanor sex crime and committed to Division of Juvenile Justice does not violate equal protection.
Juveniles Mar. 22, 2015
Kohler v. Eddie Bauer
Eddie Bauer’s checkout counters possibly violate ADA and California disability laws for being inaccessible to persons with disabilities.
Disability Discrimination Mar. 22, 2015
Lisker v. Monsue
Absolute witness immunity does not protect officers’ falsification of crime-scene reconstruction evidence that resulted in plaintiff’s 26 years of wrongful imprisonment.
Criminal Law and Procedure Mar. 22, 2015
Munns v. Kerry
Family members and former coworker of kidnapped and murdered security contractors did not have standing to sue government because they could not demonstrate injury in fact.
Civil Procedure Mar. 22, 2015
Lewis v. Safeway
Recording of customer’s date of birth during sale of alcoholic via credit card falls under exception to Cal. Civil Code Section 1747 (Song-Beverly Credit Card Act of 1971).
Consumer Law Mar. 22, 2015
People v. Jafari
Order
Mar. 19, 2015
Yoonessi v. Toyota Motor Sales USA
Order
Mar. 19, 2015