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State of California v. Superior Court (Bristol-Myers Squibb Co.)
Drug company only needs to make claims that are ‘in some manner deceitful’ to trigger possible civil penalties for bribing physicians to prescribe its drugs.
Health Care Jul. 27, 2014
People v. Elder
Inmate may not recall indeterminate life sentence, given that he was considered 'armed' when he committed offense of unlawful gun possession while being a felon.
Criminal Law and Procedure Jul. 27, 2014
Citizens Opposing a Dangerous Environment v. County of Kern (North Sky River Energy LLC)
County’s approval of wind farm does not violate CEQA because mitigation measure requiring compliance with FAA regulations minimizes air safety hazards.
Environmental Law Jul. 27, 2014
Desaulles v. Community Hospital of the Monterey Peninsula
Order
Jul. 24, 2014
People v. Catalan
After felon violated terms of mandatory supervision for first time by opening checking account without permission, court properly adds 550 days to county jail sentence.
Criminal Law and Procedure Jul. 24, 2014
People v. Boyce
Capital defendant is entitled to resentencing on aspect of determinate sentence where trial court imposed upper term on robbery count without true finding by jury.
Criminal Law and Procedure Jul. 24, 2014
People v. Shapiro
California man may be convicted of contacting 16-year-old victim on Internet to commit sex crime when victim was in Indiana, where age of consent is 16.
Criminal Law and Procedure Jul. 24, 2014
People v. Sweeney
Operators of online business engage in unlawful ‘endless chain scheme’ by selling memberships with promises of compensation based on recruitment of new members.
Criminal Law and Procedure Jul. 24, 2014
DKN Holdings v. Faerber
Order
Jul. 24, 2014
People v. Safety National Casualty Insurance Co.
Order
Jul. 24, 2014
People v. Arroyo
Order
Jul. 24, 2014
People v. Gonzalez
Order
Jul. 24, 2014
People v. Cook
Order
Jul. 24, 2014
People v. Whitmer
Defendants may be convicted of many grand theft counts based on separate and distinct acts of theft committed pursuant to single overarching scheme.
Criminal Law and Procedure Jul. 24, 2014
U.S. v. Kiefer
Application of two-level sentence increase for use of computer does not result in double counting where defendant was convicted for receiving child pornography.
Criminal Law and Procedure Jul. 24, 2014
Demetriades v. Yelp Inc.
Yelp may not use anti-SLAPP statute to dismiss false advertising action claiming its review filter actually suppressed unbiased and trustworthy reviews.
Business Law Jul. 24, 2014
Town of Atherton v. California High-Speed Rail Authority
California High-Speed Rail Authority properly refuses alternatives to laying track for trains traveling from Central Valley to Bay Area through Pacheco Pass.
Environmental Law Jul. 24, 2014
William Jefferson & Co. Inc. v. Assessment Appeals Board
Homeowner's lawsuit seeking property tax reduction by challenging base year value assigned by assessor must be brought against county, not assessment appeals board.
Real Property Jul. 23, 2014
Rufini v. CitiMortgage Inc.
Homeowner must be allowed to amend his wrongful foreclosure complaint against CitiMortgage where his allegations could potentially support HAMP claims.
Real Property Jul. 23, 2014
Guardianship of A.L.
Trial court fails to conduct full evidentiary hearing before terminating guardianship of two minors where no evidence, witness testimony or arguments were presented.
Family Law Jul. 23, 2014
People v. Rader
Defendant who paid for meal at restaurant with counterfeit bills may be convicted of felony petty theft, instead of misdemeanor charge of defrauding innkeeper.
Criminal Law and Procedure Jul. 23, 2014
Juarez Alvarado v. Holder
Legal permanent resident who pleaded guilty to attempted possession of methamphetamine in Arizona is removable because conviction related to controlled substance.
Immigration Jul. 23, 2014
U.S. v. Daniels
District court must address supervised releasee personally to ask if he wants to make a statement in mitigation before imposing a post-revocation sentence.
Criminal Law and Procedure Jul. 23, 2014
J.F., a Minor
Juvenile court may continue to maintain jurisdiction over child, despite recommendation by Dept. of Children and Family Services to terminate jurisdiction.
Juveniles Jul. 23, 2014
J.F., a Minor
Juvenile court may continue to maintain jurisdiction over child, despite recommendation by Dept. of Children and Family Services to terminate jurisdiction.
Juveniles Jul. 23, 2014
J.F., a Minor
Juvenile court may continue to maintain jurisdiction over child, despite recommendation by Dept. of Children and Family Services to terminate jurisdiction.
Juveniles Jul. 23, 2014
Settle v. State of California
Plaintiff’s counsel is not required to pay defense costs after court finds plaintiff lacked reasonable cause and good faith in filing tort action against public entity.
Torts Jul. 23, 2014
Los Angeles Unified School District v. Superior Court (Los Angeles Times Communications LLC)
LAUSD need not reveal unredacted scores of each teacher’s effect on his or her students' performance due to strong public interest served by nondisclosure of names.
Government Jul. 23, 2014
People v. Hajek and Vo
Death sentence is upheld for men who held entire family hostage for hours and tortured elderly grandmother before killing her.
Criminal Law and Procedure Jul. 23, 2014
Golden State Boring & Pipe Jacking Inc. v. Eastern Municipal Water District
Subcontractor’s action against surety for nonpayment is untimely in light of three cessations of labor that triggered duty to file stop notice, or to file suit.
Contracts Jul. 23, 2014