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Name Category Published
Perez v. Mortgage Bankers Assn.
Paralyzed Veterans doctrine contradicts APA’s rulemaking provisions; Department of Labor not required to use notice-and-comment procedures when amending or repealing its interpretive rule. 		Administrative Agencies Mar. 9, 2015
State of Kansas v. State of Nebraska
Order 		Mar. 9, 2015
People v. Rivera
Aider and abettor may not be found guilty of premeditated first-degree murder on natural and probable consequences doctrine. 		Criminal Law and Procedure Mar. 9, 2015
Frealy v. Reynolds
Order 		Mar. 9, 2015
Munoz Santos v. Thomas
When torture allegations “inextricably intertwined” with witnesses’ recantations, evidence properly excluded by extradition court. 		Immigration Mar. 9, 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 Mar. 9, 2015
Animal Legal Defense Fund v. LT Napa
Claimed diversion of resources to combat defendants’ illegal sales of foie gras demonstrates a probability of prevailing on standing issue sufficient to survive anti-SLAPP motion. 		Civil Procedure Mar. 8, 2015
In re G.Y.
Court has no power to seal juvenile’s records under Welfare and Institutions Code Section 781 for Section 707 enumerated offense. 		Juveniles Mar. 8, 2015
National Union Fire Insurance Co. of Pittsburgh Pa. v. Tokio Marine and Nichido Fire Insurance Co.
After settling third party claim, Costco is not limited to underlying plaintiff’s evidence of liability in contractual indemnity suit against Yokohama. 		Civil Procedure Mar. 8, 2015
Allen v. City of Sacramento
Homeless campers may pursue equal protection challenge concerning City of Sacramento’s camping ordinance. 		Constitutional Law Mar. 8, 2015
Chris Kohler v. Flava Enterprises
Dressing room bench longer than forty-eight inches that permits a parallel transfer from a wheelchair is an equivalent facilitation under the ADA’s accessibility guidelines. 		Disability Discrimination Mar. 8, 2015
Aguirre v. Amscan Holdings Inc.
Court erroneously denies class certification of consumer class action involving Party America for collecting ZIP codes in credit card transactions. 		Consumer Law Mar. 8, 2015
People v. Pierce
Availability of restitution for incidental victims not waived by prosecution’s delay in seeking such award. 		Criminal Law and Procedure Mar. 8, 2015
People v. Singh
Claim of erroneous overruling of defense’s peremptory challenges and threat of sanction not sufficient to demonstrate necessary prejudice to challenge grant of prosecution’s motion against defense’s peremptory challenges 		Criminal Law and Procedure Mar. 8, 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. 8, 2015
In re Marriage of Rifkin & Carty
Prefiling order against vexatious litigant is appealable and must be challenged on appeal rather than later in an application to vacate that order. 		Family Law Mar. 8, 2015
People v. Loper
Prisoner may appeal trial court’s denial of compassionate release even if he could not have instituted proceedings himself. 		Criminal Law and Procedure Mar. 5, 2015
Tract 19051 Homeowners Assn. v. Kemp
Davis-Stirling Common Interest Development Act provides for award of attorney fees to prevailing defendant even if governing document of a common interest development not proven under the Act. 		Civil Procedure Mar. 5, 2015
Yousefian v. City of Glendale
Summary judgment for police and city in 42 U.S.C. § 1983 action affirmed because probable cause to arrest and prosecute exists despite self-defense claim and sexual relationship between officer and defendant’s wife. 		Criminal Law and Procedure Mar. 5, 2015
Chapman v. Pier 1 Imports
Obstructions on shopping aisles that wheelchair-bound customer encountered on numerous visits to Pier 1 store violated the ADA. 		Disability Discrimination Mar. 5, 2015
Pulido v. Pereira
Constructive knowledge sufficient to establish prescriptive easement in use dispute between neighbors. 		Real Property Mar. 5, 2015
DuBeck v. California Physicians’ Service
Blue Shield’s delayed assertion of its right to rescind constituted a waiver of its rights to do so. 		Insurance Mar. 5, 2015
In re G.Y.
Court has no power to seal juvenile’s records under Welfare and Institutions Code Section 781 for Section 707 enumerated offense. 		Juveniles Mar. 4, 2015
Alabama Dept. of Revenue v. CSX Transportation Inc.
Eleventh Circuit must reconsider Alabama’s justification for asymmetrical taxing of rail carriers compared to competitors, where taxes are ‘roughly equivalent.’ 		Taxation Mar. 4, 2015
In re Priscilla D.
Juvenile court errs in its denial of appellant’s Cal. Welfare and Institutions Code Section 388 petition to terminate legal guardianship of her children. 		Juveniles Mar. 4, 2015
Fyock v. City of Sunnyvale
City of Sunnyvale may restrict possession of large capacity firearm magazines. 		Civil Rights Mar. 4, 2015
Bank of Manhattan v. FDIC
FIRREA does not immunize the FDIC against claims for breach of pre-receivership contracts. 		Contracts Mar. 4, 2015
Tamosaitis v. URS Inc.
Nuclear site whistleblower may file anti-retaliation claim in federal court, although prior administrative complaint had technical mistake in employer’s name. 		Employment Law Mar. 4, 2015
People v. Andrews
Instruction on Mayberry defense necessary where sexual battery defendant shows substantial evidence of mistake as to consent. 		Criminal Law and Procedure Mar. 4, 2015
Gonzalez v. Fire Insurance Exchange
Refusal to defend insured, though plaintiff’s complaint and policy’s express coverage had some overlap, may have been breach of contract. 		Insurance Mar. 4, 2015
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