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Name Category Published
Rodriguez v. City of Santa Cruz
Trial court must apply independent judgment standard when reviewing denial of police officer’s application for disability retirement based on posttraumatic stress disorder.
Employment Law Jul. 17, 2014
Conservatorship of G.H.
Public guardian may not seek denial of evidentiary hearing as sanction for allegedly disabled man’s refusal to submit to mental examination, absent court-ordered exam.
Conservatorship Jul. 17, 2014
Peake v. Underwood
Trial court properly sanctions home buyer, who filed claims against real estate agent after discovering water damage to house, when she knew those claims had no valid basis.
Real Property Jul. 17, 2014
People v. Saetern
Juvenile offender’s 100-year-to-life sentence is not unlawful in light of new law entitling him to ‘youth offender parole hearing’ after 25 years of incarceration.
Juveniles Jul. 17, 2014
Velasquez v. Superior Court (People)
Intoxicated fixed gear bicyclist, who severely injured pedestrian while biking downhill, may be charged with recklessly driving a ‘vehicle.’
Criminal Law and Procedure Jul. 17, 2014
People v. Dowdell
Girlfriend fails to overturn kidnapping-related convictions although court mistakenly denied her request for instructions concerning battered woman syndrome.
Criminal Law and Procedure Jul. 17, 2014
Hasso v. Hapke
Investment groups are not liable for fraudulent conveyance based on exercise of ‘unwinding’ option in contribution agreement where option was clearly documented.
Securities Jul. 16, 2014
Pizzuto v. Blades
Order
Jul. 16, 2014
Merritt v. Countrywide Financial Corp.
Homeowners may sue lender for rescission under Truth in Lending Act without including allegations that they tendered rescindable value of loan or were able to do so.
Real Property Jul. 16, 2014
Van der hule v. Holder
Former felon whose civil rights were restored after serving 25-year Montana sentence for sex crimes is barred under federal law from possessing a firearm.
Civil Rights Jul. 16, 2014
Police Retirement System of St. Louis v. Intuitive Surgical Inc.
Purchasers of robotic device company’s stock cannot maintain securities fraud action based on its forward-looking statements or garden-variety corporate optimism.
Securities Jul. 16, 2014
Anthony S., a Minor
Juvenile offender must pay assault victim's medical expenses, even if hospital determined victim was indigent and that debt could not be collected.
Juveniles Jul. 16, 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 Jul. 15, 2014
Ulkarim v. Westfield LLC
Mall owner may not dismiss tenant's action under anti-SLAPP statute when underlying claim, triggered by service of notice, challenged owner's decision to terminate lease.
Real Property Jul. 15, 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. 15, 2014
E.M. v. Pajaro Valley Unified School District Office of Administrative Hearings
School district may deny special education to student with hearing disorder where testing did not reveal severe discrepancy between his ability and achievement.
Education Jul. 15, 2014
Lee v. Hanley
Client may continue action against attorney for return of fees, although she sued after one-year limitations period governing misconduct in performance of legal services.
Attorneys Jul. 15, 2014
People v. Bradford
Three Strikes inmate is eligible for resentencing relief where his commitment offense involved possession of wire cutters, which he did not use as weapon.
Criminal Law and Procedure Jul. 15, 2014
Light v. State Water Resources Control Board
State Water Resources Control Board has authority to enact regulations restricting commercial use of Russian River water by agriculturalists to protect endangered salmon.
Environmental Law Jul. 14, 2014
People v. Speight
Attorney renders ineffective assistance by failing to raise cruel and unusual punishment at sentencing of defendant who was a juvenile when he committed attempted murder.
Juveniles Jul. 14, 2014
In re Complaint of Judicial Misconduct
Order
Jul. 14, 2014
Peabody v. Time Warner Cable Inc.
Employers may not attribute commissioned wages paid in one pay period to different pay period to satisfy California’s overtime and minimum wage requirements.
Employment Law Jul. 14, 2014
Garrison v. Colvin
Administrative law judge improperly upholds denial of disability benefits by discrediting applicant’s testimony regarding daily debilitating pain, despite medical records.
Administrative Agencies Jul. 14, 2014
Flores v. County of Los Angeles
Woman who was allegedly sexually assaulted by police officer fails to show inadequate training because there was no pattern of assaults by officers, who swore to uphold law.
Civil Rights Jul. 14, 2014
Dept. of Corrections and Rehabilitation v. State Personnel Board (Martin)
State Personnel Board must include overtime pay reinstated employee earned from alternate employment in calculating offset in award for back pay and benefits.
Employment Law Jul. 14, 2014
Garcia v. Google Inc.
Actress duped into starring in anti-Islamic film ‘Innocence of Muslims’ may force Google to remove the film from YouTube.
Intellectual Property Jul. 13, 2014
Amado v. Gonzalez
Prosecution's failure to reveal key witness' criminal background and gang affiliation results in reversal of 1998 conviction for aiding and abetting murder on public bus.
Criminal Law and Procedure Jul. 13, 2014
U.S. v. Ruiz
Omissions by search warrant affiant regarding drug-related activity of witness, who identified defendant in photo lineup, do not fatally undermine search warrant.
Criminal Law and Procedure Jul. 13, 2014
People v. Myers
Evidence of prior robbery of donut shop is admissible to prove defendant had a common plan or design when committing similar robbery of hotel.
Criminal Law and Procedure Jul. 13, 2014
People v. Huynh
Increased sentence under ‘One Strike’ law for sexual offenders requires that prior conviction precede the commission of the currently charged offense.
Criminal Law and Procedure Jul. 13, 2014