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Sinibaldi v. Redbox Automated Retail LLC
Redbox does not violate Song-Beverly Credit Card Act by collecting ZIP codes from customers at rental kiosks because cards were used as deposit to secure payment.
Business Law Jun. 9, 2014
Von Saher v. Norton Simon Museum of Art at Pasadena
Heir of Dutch Jewish family may pursue claims against Norton Simon Museum of Art in Pasadena to recover Nazi-looted art without conflicting with federal policy.
International Law Jun. 9, 2014
USACM Liquidating Trust v. Deloitte & Touche
Deloitte & Touche LLP ducks bankruptcy litigation trust’s lawsuit, which alleged its audit opinions concealed the misappropriation of funds by company's owners.
Corporations Jun. 9, 2014
Cohen v. City of Culver City
Culver City may have violated Americans with Disabilities Act by allowing vendor's display to block disabled access ramp, causing elderly man to take another route and trip.
Civil Rights Jun. 9, 2014
People v. Martinez (H039398)
Drug dealer convicted of manslaughter after woman died of drug overdose may be subject to great bodily injury enhancement in connection with drug offenses.
Criminal Law and Procedure Jun. 9, 2014
Staniforth v. The Judges' Retirement System (Chiang)
Judicial pensioners, who claimed their pension payments were being underpaid, are not exempt from caps to cost of living adjustments in underlying salary structure.
Employment Law Jun. 6, 2014
Rivera v. Orange County Probation Dept. (In re Rivera)
Mother may not discharge debt owed to county for costs it incurred during son’s incarceration because debt was a nondischaregable domestic support obligation.
Bankruptcy Jun. 6, 2014
People v. Debose
Death penalty is upheld for man who murdered woman by following her out of casino and burning her car, despite improper arson-murder special circumstance.
Criminal Law and Procedure Jun. 6, 2014
People v. Goldsmith
Traffic camera photographs and video are properly used at trial to show that woman ran red light because officer's testimony sufficiently authenticated the evidence.
Criminal Law and Procedure Jun. 6, 2014
People v. Trinh
Mass shooter fails to overturn death penalty, despite trial court’s error regarding heat of passion defense, because his victims did not provoke him.
Criminal Law and Procedure Jun. 6, 2014
E.J. Franks Construction Inc. v. Sahota
Licensed contractor, who transferred license to his corporation during construction of client’s home, may sue client for compensation because he was never unlicensed.
Real Property Jun. 6, 2014
U.S. v. Spear
Physician may appeal conviction from illegitimate drug distribution, despite waiver provision in plea agreement, because scope of waiver only concerned his sentence.
Criminal Law and Procedure Jun. 6, 2014
Parsons v. Ryan
Arizona inmates’ lawsuit against Arizona Dept. of Corrections based on allegedly inadequate health care and conditions of confinement may proceed as class action.
Prisoners Rights Jun. 6, 2014
People v. Manning
Trial court must explain its reasons for denying request for resentencing where Three Strikes offender’s prior convictions for rape might not have disqualified him.
Criminal Law and Procedure Jun. 6, 2014
U.S. v. Osinger
Ex-boyfriend may not overturn stalking conviction because statute was not unconstitutionally vague and First Amendment did not protect his disturbing messages.
Criminal Law and Procedure Jun. 5, 2014
Burton v. Infinity Capital Management
Attorney is not entitled to judicial immunity for preparing order to show cause for a judge on claim that order violated automatic stay provision of Bankruptcy Code.
Attorneys Jun. 5, 2014
Ragasa v. Holder
Order
Jun. 5, 2014
K.I. v. Wagner
In case involving denial of social benefits to minor, attorney recovers fees incurred in bringing writ petition, but not fees for work on administrative proceeding.
Administrative Agencies Jun. 4, 2014
Rosales-Martinez v. Palmer
Former prisoner, who was convicted after state failed to divulge key witness’ criminal history, may pursue civil rights claims filed within two years of his release.
Civil Rights Jun. 4, 2014
Wood v. Yordy
Prisoner cannot maintain Religious Land Use and Institutionalized Persons Act claim against wardens, in their individual capacities, for restricting access to prison chapel.
Prisoners Rights Jun. 4, 2014
Gallardo v. United States
Student may argue for tolling of two-year limitations period to bring Federal Tort Claims Act claim, although she filed claim four years after alleged sexual assault.
Torts Jun. 4, 2014
Laguna v. Coverall North America Inc.
District court correctly approves settlement agreement, where proceeding with class action would have posed significant risks to the plaintiff class.
Civil Procedure Jun. 4, 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 Jun. 4, 2014
Planned Parenthood of Arizona Inc. v. Humble
Arizona’s restrictions on manner in which certain medications may be used to perform abortions place undue burden on women's rights to obtain abortion.
Constitutional Law Jun. 4, 2014
People v. Jandres
Man escapes rape conviction because trial court mistakenly allowed testimony of attempted kidnapping victim to show his propensity to commit sexual offense.
Criminal Law and Procedure Jun. 4, 2014
Disenhouse v. Peevey
Sierra Club member may not sue PUC in superior court to enjoin meeting she was excluded from and must instead file petition in Supreme Court or Court of Appeal.
Administrative Agencies Jun. 4, 2014
Haver v. BNSF Railway Co.
Husband’s former employer has no duty to protect his wife, who died of mesothelioma, from secondary exposure to asbestos that husband brought home from work.
Torts Jun. 4, 2014
Y.R., a Minor
Teenage girl’s convictions for trespass and vandalism are unsupported where her boyfriend broke clubhouse bathroom’s doors and they stayed there for only a few hours.
Juveniles Jun. 4, 2014
Gary F., a Minor
Minor who stood as ‘lookout’ for other boys as they broke into house is guilty of aiding and abetting first-degree residential burglary.
Juveniles Jun. 3, 2014
People v. American Contractors Indemnity Co.
Trial court properly forfeits bond after defendant failed to appear at hearing without executing a written waiver, even if court did not expressly require his attendance.
Criminal Law and Procedure Jun. 3, 2014