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Carlton v. Dr. Pepper Snapple Group Inc.
Demurrer may be filed 30 days after amended complaint is filed, since rule providing 10-day filing period only applies when no amended complaint is filed.
Civil Procedure Aug. 14, 2014
City of Pasadena v. Superior Court (Mercury Casualty Co.)
City may be liable to insurer for inverse condemnation after city’s tree fell on resident’s house following windstorm, causing extensive damages.
Real Property Aug. 14, 2014
Hendershot v. Ready To Roll Transportation Inc.
In denying class certification, trial court improperly considers merits of defenses based on agreements with putative class members, which defendant withheld from plaintiffs.
Civil Procedure Aug. 14, 2014
People v. Deluca
National Guard Armory emergency winter shelter where sex offender frequently stayed is ‘residence’ for purposes of sex offender registration requirement.
Criminal Law and Procedure Aug. 14, 2014
Chubb & Son v. Superior Court (Lemmon)
Insurer may disclose documents containing potentially confidential or privileged information to its own attorneys in employment discrimination suit by attorney.
Attorneys Aug. 13, 2014
Encompass Insurance Co. v. Coast National Insurance Co.
Insurance companies may not refuse to provide defense to insured because unloading injured passenger from motor vehicle constitutes 'use' of that vehicle.
Insurance Aug. 13, 2014
Stanley v. Chappell
Ninth Circuit lacks jurisdiction to hear murderer’s appeal of district court’s stay-and-abeyance order because order did not effectively 'put him out of court.'
Criminal Law and Procedure Aug. 13, 2014
U.S. v. Orozco
Defendant may not invoke right to testify when he initially remained silent, but changed his mind after hearing prosecution’s closing, and failed to offer excuse.
Criminal Law and Procedure Aug. 13, 2014
People v. Ebertowski
Probation conditions may require gang member to provide his passwords to electronic devices and social media websites to allow warrantless searches.
Criminal Law and Procedure Aug. 13, 2014
Hoffman v. 162 North Wolfe LLC
Buyer of property may not claim fraud against owner of neighboring property for nondisclosure of claimed easement in absence of transactional relationship.
Real Property Aug. 13, 2014
People v. Superior Court (Johnson)
In fulfilling constitutional duty under ‘Brady’ to disclose exculpatory evidence in criminal cases, prosecutor is entitled to direct access to peace officer personnel files.
Criminal Law and Procedure Aug. 12, 2014
Knutsson v. KTLA LLC
Broadcaster cannot compel technology reporter to arbitrate contractual claims under collective bargaining agreement, after failing to follow initial steps of procedure.
Labor Law Aug. 12, 2014
Sierra Club v. U.S. Environmental Protection Agency
Builder of power plant must demonstrate compliance with new environmental regulations in effect when project permit was issued, even if EPA delayed issuance.
Environmental Law Aug. 12, 2014
U.S. v. JDT
District court’s delinquency findings as to 10-year-old boy, who sexually abused younger boys, are overturned because court failed to consider boy’s suspension request.
Juveniles Aug. 12, 2014
Cochran v. Schwan’s Home Service Inc.
Employees who must use their personal cell phones for work-related calls are entitled to reimbursement from employer, even if third person pays phone bill.
Employment Law Aug. 12, 2014
A.R., a Minor
Mother fails to protect minors from father’s conduct by leaving them with him when she knew of his drug abuse and violence, which supports dependency jurisdiction.
Juveniles Aug. 12, 2014
In re Greenshields
Persons who are found not guilty by reason of insanity have right to refuse antipsychotic medications, unless court finds that they are incompetent or dangerous.
Criminal Law and Procedure Aug. 12, 2014
Vance v. Bizek
Creditor of trustee is not entitled to presumption that trustee, who commingled trust funds with her own funds, violated fiduciary duty to trust.
Probate and Trusts Aug. 12, 2014
People v. Soto
Inmate is ineligible for resentencing even though part of his sentence, relating to crime where he was armed with firearm, was stayed.
Criminal Law and Procedure Aug. 11, 2014
Steen v. Appellate Division, Superior Court (People)
Court clerk may issue misdemeanor complaint for offense of failure to appear, following prosecutorial agency’s implicit, advance approval of such issuance.
Criminal Law and Procedure Aug. 11, 2014
Laguna v. Coverall North America Inc.
Order
Aug. 11, 2014
Mendoza v. JPMorgan Chase Bank N.A.
Home purchaser may not sue banks to undo foreclosure based on alleged flaws in loan securitization where she failed to prove lack of legal right to foreclose.
Real Property Aug. 11, 2014
U.S. v. Mageno
Prosecution’s misstatement of fact during closing argument requires reversal of conspiracy conviction, even where government raised issue itself on appeal.
Criminal Law and Procedure Aug. 11, 2014
Nordstrom v. Ryan
Inmate raises valid Sixth Amendment claim alleging prison officials read confidential letter he wanted to send to his attorney, instead of only inspecting it for contraband.
Prisoners Rights Aug. 11, 2014
K.C. v. Torlakson
District court has ancillary jurisdiction over post-judgment attorney fees motion, which was independent of its jurisdiction to enforce settlement agreement.
Civil Procedure Aug. 11, 2014
Southern California Darts Association v. Zaffina
Unincorporated association has capacity to own trademarks and bring suit under Lanham Act in federal court to stop infringement of unregistered marks.
Intellectual Property Aug. 11, 2014
People v. Quinones
Inmate is not eligible for resentencing under Three Strikes Reform Act where arming enhancement was found true, but dismissed for sentencing purposes.
Criminal Law and Procedure Aug. 11, 2014
Experience Hendrix LLC v. Hendrixlicensing.com Ltd
Jimi Hendrix's heir prevails in trademark infringement action against web site, which sold Hendrix related merchandise in Washington.
Intellectual Property Aug. 10, 2014
Isaiah W., a Minor
Mother may not challenge juvenile court’s decision not to proceed under Indian Child Welfare Act because she filed her objection more than a year later.
Native American Affairs Aug. 10, 2014
Mojtahedi v. Vargas
Attorney cannot sue former clients’ current attorney for attorney fees without bringing independent action against clients to establish reasonable cost of his fees.
Attorneys Aug. 10, 2014