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Garcia v. Commissioner of Social Security
Administrative law judge incorrectly relies on incomplete set of IQ test scores for claimant who sought social security benefits based on intellectual disability.
Administrative Agencies Sep. 23, 2014
People v. Fialho
After jury convicted defendant of manslaughter, instead of murder, trial court may impose lesser enhancement for personal firearm use, rather than intentional discharge.
Criminal Law and Procedure Sep. 23, 2014
Fleet v. Bank of America N.A.
Borrowers may sue Bank of America for breach of contract due to its sale of their home while they were complying with loan modification trial period plan.
Real Property Sep. 23, 2014
The Retail Property Trust v. United Brotherhood of Carpenters and Joiners of America
Federal law does not preempt mall’s labor-neutral trespass and private nuisance claims under state law against union, which picketed in front of one of mall’s stores.
Labor Law Sep. 23, 2014
U.S. v. Apel
Ninth Circuit upholds district court’s judgment in criminal case in light of U.S. Supreme Court’s 'U.S. v. Apel' decision.
Criminal Law and Procedure Sep. 22, 2014
Sandoval-Gomez v. Holder
California attempted arson conviction qualifies as aggravated felony under federal law for purposes of removal, where additional federal element was purely jurisdictional.
Immigration Sep. 22, 2014
Sessoms v. Grounds
Suspect raises right to counsel by clearly articulating desire to have counsel present, when he told police that his father advised him to ask police to give him lawyer.
Criminal Law and Procedure Sep. 22, 2014
926 North Ardmore Avenue LLC v. County of Los Angeles
County may impose documentary transfer tax based on cumulative sale of more than 50 percent of partnership, which owned entity that owns apartment.
Taxation Sep. 22, 2014
Michael H., a Minor
Father may not appeal juvenile court’s decision to affirm social worker’s refusal to file dependency petition on behalf of his children at his request.
Juveniles Sep. 22, 2014
Holguin v. Dish Network LLC
Contracts with AT&T Corp. and Dish Network for satellite television services include implied term requiring proper installation of equipment.
Contracts Sep. 22, 2014
Pope v. Babick
Attorney’s direct violation of court order by asking police officer for his opinion on cause of accident at trial does not warrant mistrial or new trial.
Attorneys Sep. 21, 2014
The Boeing Co. v. Movassaghi
California’s Senate Bill 900, which prescribes cleanup standards for radioactive contamination at Santa Susana Field Laboratory, invalidly regulates federal government.
Environmental Law Sep. 21, 2014
Gomez v. Campbell-Edward Co.
Marketing consultant may be liable under Telephone Consumer Protection Act for unsolicited text messages sent by vendor as part of Navy's recruiting campaign.
Business Law Sep. 21, 2014
Medina-Lara v. Holder
Permanent resident may not be removed for drug conviction when charging papers specified ‘cocaine,’ but abstract of judgment was not specific as to that substance.
Immigration Sep. 21, 2014
Ollier v. Sweetwater Union High School District
High school fails to provide or expand equal participation to female athletes where 6.7 percent disparity between female athletes and female students existed.
Civil Rights Sep. 21, 2014
Ducoing Management Inc. v. Superior Court (Winston & Associates Insurance Brokers Inc.)
Appellate court's reversal of judgment 'in all other respects' includes trial court's costs award, even if judgment of nonsuit as to other plaintiff was upheld.
Civil Procedure Sep. 21, 2014
Berman v. Regents of the University of California
UC Dean of Student Affairs and Council of Deans may suspend student for hitting another student, even when conduct review board did not recommend suspension.
Education Sep. 21, 2014
Jaden E., a Minor
When minor is placed with previously noncustodial parent at dispositional hearing, juvenile court need not make reasonable services findings at later hearings.
Juveniles Sep. 21, 2014
Benavides Figueroa (Vicente) on H.C.
Order
Sep. 18, 2014
People v. Dunckhurst
Order
Sep. 18, 2014
Uriarte v. Scott Sales Company
Order
Sep. 18, 2014
Lewis v. S.C. (Medical Board of California)
Order
Sep. 18, 2014
Los Alamitos Unified School Distict v. Howard Contracting Co.
School district does not have to obtain competitive bids before entering into lease-leaseback agreement to improve its high school track and athletic field.
Education Sep. 18, 2014
Industrial Customers of Northwest Utilities v. Bonneville Power Administration
Bonneville Power Administration improperly declines to seek refunds after invalidly making contractual arrangement to subsidize industrial power customers.
Administrative Agencies Sep. 18, 2014
U.S. v. Garcia
Government proves defendant's act of damaging apartment building with pipe bomb substantially affected interstate commerce for federal jurisdictional purposes.
Criminal Law and Procedure Sep. 18, 2014
People v. De La Rosa
Defendant's appeal of finding of incompetency is not rendered moot due to his restoration to competency and continuation of criminal proceedings.
Criminal Law and Procedure Sep. 18, 2014
People v. Watt
Jury instruction that defendant would not be guilty of receiving stolen property if he reasonably believed items were dumped does not require reversal of conviction.
Criminal Law and Procedure Sep. 18, 2014
Raceway Ford Cases
Auto dealers who entered second contract with buyers after renegotiating terms may have violated Automobile Sales Finance Act by backdating second contract.
Business Law Sep. 17, 2014
Tatum v. Moody
LAPD detectives are liable for failing to tell prosecution about evidence strongly indicating suspect’s innocence during his 27-month detention.
Civil Rights Sep. 17, 2014
Dariano v. Morgan Hill Unified School District
High school officials may ask students to remove clothing bearing images of American flag in light of threats of racial violence at school on Cinco de Mayo.
Civil Rights Sep. 17, 2014