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McIntyre v. The Colonies-Pacific LLC
Evidence that shopping center owner hired security after armed robbery of jewelry store is inadmissible to prove prior lack of security caused robbery.
Torts Jul. 31, 2014
Orthopedic Specialists of Southern California v. California Public Employees' Retirement System
Out-of-network medical provider is not entitled customary and usual rate for nonemergency medical services where insurer paid only small portion of amount charged.
Health Care Jul. 31, 2014
Maldonado v. Holder
Order
Jul. 30, 2014
Interstate Fire & Casualty Co. Inc. v. Roman Catholic Church of the Diocese of Phoenix
Insurer need not indemnify Catholic Church diocese that settled alleged sexual abuse cases where policy’s assault and battery exclusion precludes coverage for ‘any insured.’
Insurance Jul. 30, 2014
Petrie v. Electronic Game Card Inc.
Investors may add new allegations to securities fraud action based on materials subpoenaed before defendant gave notice of intent to move for judgment on pleadings.
Securities Jul. 30, 2014
U.S. v. Reyes-Solosa
District court may continue post-revocation sentence for three weeks until supervised releasee receives sentence in illegal reentry case to consider breach of trust.
Criminal Law and Procedure Jul. 30, 2014
Collin v. CalPortland Co.
Cement pipe seller must face asbestos exposure claims based on construction worker's evidence that it began selling products in early 1980s.
Torts Jul. 30, 2014
DeYoung v. Commission on Professional Competence of the Hueneme Elementary School District (Hueneme Elementary School District)
Commission may uphold dismissal of tenured teacher, who hit student, although school district failed to prepare written charges before deciding to terminate him.
Education Jul. 30, 2014
People v. London
Marijuana grower’s cannabis expert may not testify that cultivation was lawful when he knew nothing about collective and operations vary greatly.
Criminal Law and Procedure Jul. 30, 2014
In re KVN Corp. Inc.
Carve-out agreement between trustee and bank is subject to presumption of impropriety, unless trustee fulfills duties and discloses deal, which must benefit estate.
Bankruptcy Jul. 30, 2014
People v. Hernandez
Appointed appellate counsel’s brief may not present 'arguable-but-unmeritorious' issues for consideration by appellate court.
Criminal Law and Procedure Jul. 29, 2014
Rundgren v. Washington Mutual Bank F.A.
Federal court lacks jurisdiction to hear homeowners’ fraud claims against failed banking institution, which was placed into receivership of Federal Deposit Insurance Co.
Banking Jul. 29, 2014
U.S. v. Hurtado
Defendant who smuggled 11.64 kilograms of cocaine into U.S. is not entitled to ‘minor role’ sentence reduction, even if other participants had above-average culpability.
Criminal Law and Procedure Jul. 29, 2014
Marriage of Daly and Oyster
Ex-wife may enforce mediated, unfiled marital settlement agreement after dismissal of first divorce petition, because agreement was not protected by mediation privilege.
Family Law Jul. 29, 2014
People v. Leonard
Pimp is guilty of aiding and abetting assault by using his wheelchair to block prostitute from escaping in her vehicle to facilitate mob’s severe beating.
Criminal Law and Procedure Jul. 29, 2014
Dameron Hospital Association v. AAA Northern California
Emergency room operator may not collect difference between customary charges and negotiated rates from third party tortfeasors under contract with patients’ insurer.
Health Care Jul. 29, 2014
People ex rel. Harris v. Pac Anchor Transportation Inc.
Federal Administration Authorization Act of 1994 does not preempt California unfair competition law action based on violations of state labor and insurance laws.
Employment Law Jul. 28, 2014
U.S. v. Gowadia
Statements made by engineer, who leaked classified information, during interviews before arrest are admissible where time between confession and arrest was reasonable.
Criminal Law and Procedure Jul. 28, 2014
U.S. v. Szabo
Veterans Affairs medical center patient, who was convicted of causing disturbance at facility, must bring overbreadth challenge to regulation in Federal Circuit.
Criminal Law and Procedure Jul. 28, 2014
U.S. v. Valdez-Novoa
Mexican citizen may not overturn conviction for attempting to enter U.S. without consent by arguing immigration judge did not tell him he was eligible for voluntary departure.
Criminal Law and Procedure Jul. 28, 2014
In re: Shawn Deitz,
Order
Jul. 28, 2014
People v. Castillo
Defense counsel's incorrect advice on maximum sentence does not prejudice defendant, who hoped to win motion regarding informants, instead of making lower offer.
Criminal Law and Procedure Jul. 28, 2014
St. Croix v. Superior Court (Grossman)
San Francisco does not have to disclose communications between Ethics Commission and City Attorney’s Office regarding legal advice on commission’s proposed regulations.
Government Jul. 28, 2014
Templeton Action Commitee v. County of San Luis Obispo (Templeton Properties)
Developer may dismiss action due to failure to file within 90 days of decision to allow development, even if it did not comply with fictitious name statute.
Real Property Jul. 28, 2014
People v. Redd
Inmate’s alleged conspiracy with prison cook to smuggle cell phones and tobacco into prison does not justify conviction for obstruction of justice.
Criminal Law and Procedure Jul. 28, 2014
Lowe v. Superior Court (People)
Trial court may use facts from jury trial of felon convicted of possessing firearm in finding him ineligible for Three Strikes resentencing, despite reversal of other charges.
Criminal Law and Procedure Jul. 27, 2014
McDaniels v. Kirkland
California appellate court has no duty to augment record to allow for comparative juror analysis when analyzing whether prosecutor excluded African-American jurors based on race.
Criminal Law and Procedure Jul. 27, 2014
Fong v. Ryan
Prosecutor’s use of detective’s allegedly false testimony regarding identity of suspect obtained from informant does not require reversal of murder convictions.
Criminal Law and Procedure Jul. 27, 2014
Daubert v. Lindsay Unified School District
School district need not structurally alter bleachers at high school football field where seating was built before ADA and other viewing areas were offered.
Civil Rights Jul. 27, 2014
J.G., a Minor
Pistol found in minor's backpack may not be used as evidence because detention occurred when he was told to sit on curb while four officers were present.
Juveniles Jul. 27, 2014