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Melendres v. Arpaio
District court exceeds authority in imposing injunction provisions that do not address Sheriff Office’s constitutional violations related to racial profiling in Arizona.
Civil Rights Apr. 15, 2015
City of San Buenaventura v. United Water Conserv. Dist.
Fees charged to city by water district are not 'property-related' under XIII D of the California Constitution.
Government Apr. 15, 2015
Walnut Acres Neighborhood Assn. v. City of L.A.
Zoning administrator’s finding of unnecessary hardship under Los Angeles Municipal Code Section 14.3.1 is not supported by the evidence and court is correct in ordering city to rescind permit for eldercare facility.
Municipal Law Apr. 15, 2015
County of Los Angeles Board of Supervisors v. Superior Court (ACLU of Southern California)
Legal billing invoices related to lawsuits against County of Los Angeles involving Sheriff’s Dept.’s alleged inmate abuse are exempt from disclosure under CPRA.
Attorneys Apr. 14, 2015
Conti v. Watchtower Bible & Tract Society of New York Inc.
Church has no duty to warn about member who was a child molester but does have duty to prevent molestation during church-sponsored activities.
Torts Apr. 14, 2015
People v. Sledge
Third striker denied resentencing relief under Three Strikes Reform Act because he poses danger to society due to his criminal, mental health, and substance abuse history.
Criminal Law and Procedure Apr. 14, 2015
In re: Charles G. Mahakian
Section 523(a)(3)(A) precludes discharge of creditor’s claim and excusable neglect does not excuse debtor’s untimely filed proof of claim.
Bankruptcy Apr. 14, 2015
U.S. v. Gonzalez Becerra
Sentencing Guideline commentary defining ‘victims’ of mail theft is compatible with the term ‘victims’ in U.S.S.G. §2B1.1.
Civil Procedure Apr. 14, 2015
Golden State Water Co. v. Casitas Municipal Water District
Casitas Municipal Water District may finance purchase of private water service utility by eminent domain through Mello-Roos financing.
Real Property Apr. 14, 2015
People v. Diaz
Motion to release confidential juror identifying information made after conviction, sentence and appeal is untimely and defendant’s appeal must be dismissed.
Civil Procedure Apr. 14, 2015
DisputeSuite.com, LLC, v. Scoreinc.com
Dismissal of case based on contractual forum-selection clause is not a ‘final resolution’ that renders defendants ‘prevailing party’ for purposes of contractual attorney fees award.
Contracts Apr. 14, 2015
Benetatos v. City of Los Angeles
Restaurant owner is liable for public nuisance because his poorly- and neglectfully-maintained restaurant is a hub for criminal activities.
Municipal Law Apr. 14, 2015
U.S. v. Mendez-Sosa
Under federal law, enhancement proper when prior offense received criminal points and was a 'crime of violence.'
Criminal Law and Procedure Apr. 13, 2015
Save Our Uniquely Rural Community Environment v. County of San Bernardino (Al-Nur Islamic Center)
Reduction of attorney fees is not abuse of discretion where court has legitimate reasons for finding award ‘outrageous.’
Environmental Law Apr. 13, 2015
Crown Capital Securities L.P. v. Endurance American Specialty Insurance Co.
Insurer properly denies coverage to undisclosed claims under application provision that excluded coverage for claims arising from previously disclosed claim.
Insurance Apr. 12, 2015
Adoption of Emilio G.
Not abuse of discretion to terminate rights of violent, unsupportive biological father seeking to prevent child’s adoption when he fails to show he is the presumed father and termination is in child’s best interest
Family Law Apr. 12, 2015
In re A.R.
Where father has already removed himself from the home and is following visitation restrictions, ‘substantial danger’ does not exist and child should not have been ordered removed from Father’s physical custody.
Family Law Apr. 12, 2015
Paul v. Patton
Court must give trust beneficiaries another chance to assert malpractice claim against their father’s attorney for botching trust instrument.
Probate and Trusts Apr. 12, 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. 12, 2015
U.S. v. Urrutia-Contreras
Defendant must be resentenced in light of sentencing court’s failure to seek government’s position with respect to revocation sentencing.
Criminal Law and Procedure Apr. 12, 2015
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