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County of Colusa v. Douglas
State of California, rather than counties, must pay for ancillary outpatient services for Medi-Cal beneficiaries with mental diseases who are not covered by federal law.
Health Care Jul. 9, 2014
People v. Davis
Homeless man who was convicted of burglary cannot appeal trial court’s decision to seal police officer’s records 12 years later in connection with different matter.
Criminal Law and Procedure Jul. 9, 2014
Dilts v. Penske Logistics LLC
Federal Aviation Administration Authorization Act does not preempt truck drivers’ class action against trucking company alleging violations of California’s meal and rest break laws.
Employment Law Jul. 9, 2014
Inhale Inc. v. Starbuzz Tobacco Inc.
Company may not copyright shape of water container for hookah, a device for smoking tobacco, because its utilitarian function and shape are inseparable.
Intellectual Property Jul. 9, 2014
People v. Juarez
Prosecution may proceed with murder conspiracy charges, despite refiling case more than once, where original, attempted murder charges did not have identical elements.
Criminal Law and Procedure Jul. 9, 2014
Rea v. Blue Shield of California
Health care service plans must provide residential care treatment to patients who suffer from anorexia nervosa and bulimia nervosa under California Mental Health Parity Act.
Health Care Jul. 9, 2014
Chodos v. Borman
Trial court mistakenly allows jury to multiply attorney’s hourly rate by five, resulting in $7.8 million fee award, which was both excessive and inequitable.
Attorneys Jul. 9, 2014
People v. Salazar
Trial court may permit additional closing arguments following jury’s inquiry indicating it had reached impasse on man’s carjacking offense.
Criminal Law and Procedure Jul. 9, 2014
People v. Guillen
Inmates may not overturn convictions for murdering detainee they believed was child molester by alleging that sheriff’s department condoned their conduct.
Criminal Law and Procedure Jul. 8, 2014
People v. Flores
Three Strikes Reform Act’s limits on resentencing for inmates who would pose ‘unreasonable risk of danger to public safety’ is not impermissibly vague.
Criminal Law and Procedure Jul. 8, 2014
Citizens for a Sustainable Treasure Island v. City and County of San Francisco (Treasure Island Community Development LLC)
Environmental impact report adequately analyzes San Francisco’s conversion of Treasure Island into mixed-use community, regardless of whether report was ‘project-level.’
Environmental Law Jul. 8, 2014
North Coast Rivers Alliance v. Westlands Water District (United States Bureau of Reclamation)
Interim renewal contracts, allowing water districts to continue receiving water in accordance with 40-year service contract, are exempt from CEQA requirements.
Environmental Law Jul. 7, 2014
Wheaton College v. Burwell
Order
Jul. 7, 2014
City of Los Angeles v. County of Kern
City of Los Angeles’ state action against Kern County, seeking to enjoin its ban on use of biosolids as fertilizer, is untimely filed after federal court’s dismissal.
Environmental Law Jul. 7, 2014
Conservatorship of McQueen
Conservator may not recover attorney fees incurred in fraudulent transfer action to enforce separate judgment, which had already been satisfied.
Conservatorship Jul. 7, 2014
People v. Weatherton
Capital defendant overturns murder convictions and death sentence where juror lobbied others for guilty verdict and discussed case with them before deliberations.
Criminal Law and Procedure Jul. 7, 2014
Bojnoordi v. Holder
Iranian citizen is ineligible for most immigration removal relief because he provided material support to Tier III terrorist organization in the 1970s.
Immigration Jul. 7, 2014
Arizona Dream Act Coalition v. Brewer
Arizona may not enforce policy that prevents immigrants, who came to U.S. without permission as children, from obtaining driver’s licenses.
Civil Rights Jul. 7, 2014
In re Hansen
Man upends second-degree felony-murder conviction based on shooting at inhabited building because shooting ‘merged’ with resulting homicide.
Criminal Law and Procedure Jul. 7, 2014
Carlsen v. Koivumaki
Highly intoxicated man who fell from cliff may sue two companions who took him there and waited several hours before informing authorities of his fall.
Torts Jul. 7, 2014
Citizens Against Airport Pollution v. City of San Jose
City of San Jose is not required to conduct further environmental review due to adjustments in existing plan to improve San Jose International Airport.
Environmental Law Jul. 6, 2014
People v. Rivera
Trial court must accept appeal of restitution order, because defense attorney’s failure to file separate appeal of order on time amounted to ineffective assistance.
Criminal Law and Procedure Jul. 6, 2014
Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP
Architects, who designed condominium units, have duty of care to future purchasers of those condominiums and may be sued for negligent design and defects.
Real Property Jul. 6, 2014
Paratransit Inc. v. Unemployment Insurance Appeals Board (Medeiros)
Employee’s refusal to sign disciplinary notice outside presence of union representative does not constitute misconduct to render him ineligible for unemployment benefits.
Employment Law Jul. 6, 2014
Kismet Acquisition LLC v. Diaz-Barba (In re Icenhower)
Bankruptcy court has exclusive jurisdiction over debtors’ interest in villa, even though it was located in Mexico and their alter ego company held interest.
Bankruptcy Jul. 6, 2014
U.S. v. Lopez-Chavez
Mexican citizen charged with illegal reentry shows removal order was unfair due to counsel’s failure to challenge ruling that marijuana possession conviction is aggravated felony.
Criminal Law and Procedure Jul. 6, 2014
Singh v. Lipworth
Defendant obtains sanctions against plaintiff, who filed frivolous appeal, which sought to relitigate previously decided issues, including use of alias in property transfer.
Civil Procedure Jul. 6, 2014
K.K. v. District Court (Puana)
Mailbox theft victim must comply with suspect’s request for documents related to crime, subject to district court’s limitations following review.
Criminal Law and Procedure Jul. 2, 2014
Nevarez v. Tonna
Woman correctly obtains restraining order against former boyfriend based on past abuse, because evidence regarding probability of future abuse is not required.
Family Law Jul. 2, 2014
U.S. v. Lizarraga-Carrizales
Drug offender’s criminal history renders him ineligible for ‘safety valve’ relief from mandatory 10-year minimum sentence for importing 7.25 kilograms of heroin.
Criminal Law and Procedure Jul. 2, 2014