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Rosen v. LegacyQuest
Creditor may obtain attorney fees against sureties, who she was forced to file suit against in order to enforce judgment in her favor.
Civil Procedure Apr. 10, 2014
Henry v. Ryan
Order
Apr. 10, 2014
Eldee-K Rental Properties LLC v. DIRECTV Inc.
Landlord must sue DIRECTV for illegally installing equipment on its property in local court where property was located, not California’s federal court.
Real Property Apr. 10, 2014
U.S. v. Barrios-Siguenza
Deported man gets retrial of invalid conviction for assault on federal officer where counsel assured that he would be willing to return.
Criminal Law and Procedure Apr. 10, 2014
U.S. v. Sheldon
Prosecution does not need to prove that man knew recorder used for child pornography was made outside of his state to convict him for sexual exploitation of child.
Criminal Law and Procedure Apr. 10, 2014
Thoryk v. San Diego Gas & Electric Co.
Lender is not entitled to recover portion of developer’s future judgment against San Diego Gas & Electric in connection with property damage from wildfires.
Real Property Apr. 10, 2014
Gray1 CPB LLC v. SCC Acquisitions Inc.
Judgment debtor cannot obtain additional post-judgment attorney fees, even if creditor delivered cashier’s check to fully satisfy judgment two years late.
Civil Procedure Apr. 10, 2014
Horiike v. Coldwell Banker Residential Brokerage Co.
Property buyer may sue Coldwell Banker’s salesperson for misrepresenting size of property, because salesperson owed him the same fiduciary duty as his broker.
Real Property Apr. 10, 2014
People v. Safety National Casualty Insurance Co.
Trial court incorrectly orders forfeiture of bail bond due to felony defendant's failure to attend hearing he was not required to attend by court or law.
Criminal Law and Procedure Apr. 10, 2014
People v. Sheehy
Thief is disqualified from serving sentence in county jail under Criminal Justice Realignment Act, because prior conviction required him to register as sex offender.
Criminal Law and Procedure Apr. 10, 2014
PAMC Ltd. v. Sebelius
Medicare provider must receive two percent reduction to annual payment increase because it failed to submit quality of care data when it was due.
Health Care Apr. 9, 2014
Martinez v. County of Ventura
County may not assert design immunity in suit by motorcyclist, who struck berm next to drainage system which was never approved by anyone with authority.
Torts Apr. 9, 2014
Sipple v. City of Hayward
Internet service provider may pursue tax refund claims against cities and counties on behalf of customers, who it settled with due to improper ‘internet access’ charges.
Taxation Apr. 9, 2014
U.S. v. Dominguez-Maroyoqui
Prior conviction for assault of federal officer does not qualify as a crime of violence for purposes of 12-level sentence increase on illegal reentry conviction.
Criminal Law and Procedure Apr. 8, 2014
James v. FEC
Order
Apr. 8, 2014
Dart Cherokee Basin, et al. v. Owens
Order
Apr. 8, 2014
People v. Arriaga
Mexican citizen, who sought to vacate previous conviction that could lead to his deportation, may pursue his appeal without obtaining certificate of probable cause.
Criminal Law and Procedure Apr. 8, 2014
U.S. v. Albino-Loe
Government may use ‘Notice to Appear’ document filed during immigration court proceedings at defendant’s criminal trial for illegally reentering country.
Criminal Law and Procedure Apr. 8, 2014
U.S. v. French
Operator of eBay business, who charged customers without delivering items, waives right to counsel by deciding to represent herself, despite court’s warnings.
Criminal Law and Procedure Apr. 8, 2014
Courthouse News Service v. Planet
Federal court must hear news wire service’s First Amendment case against superior court, seeking same-day access to newly filed civil complaints.
Civil Rights Apr. 8, 2014
Imburgia v. DIRECTV Inc.
Customers do not need to arbitrate their class action against DIRECTV for charging improper fees where arbitration provision conflicted with California law.
Business Law Apr. 8, 2014
People v. Waxler
Police officer has reasonable cause to search truck after smelling odor of burnt marijuana and observing marijuana pipe inside vehicle.
Criminal Law and Procedure Apr. 7, 2014
People v. Rowe
Woman must face charges of soliciting forcible rape and sodomy, because she posted ads online encouraging men to go to victim’s house for sex.
Criminal Law and Procedure Apr. 7, 2014
Samsung Electronics Co. Ltd. v. Panasonic Corp.
Samsung may sue Panasonic for antitrust law violations, despite statute of limitations, because Panasonic created new licensing agreement and attempted to enforce it.
Antitrust Apr. 7, 2014
Messick v. Novartis Pharmaceuticals Corp.
Patient’s products liability suit may resume because district court improperly excluded expert testimony regarding causal link between drug and jaw condition.
Torts Apr. 7, 2014
Quihuis v. State Farm Mutual Automobile Insurance Co.
Order
Apr. 7, 2014
1300 N. Carson Investors LLC v. Drumea
Building’s new owners may charge terminated resident manager, who continued to occupy unit, much more than amount she paid before she began managing apartment.
Real Property Apr. 7, 2014
Bock v. Hansen
Homeowners may sue insurance adjuster for negligent misrepresentation where he falsely stated that their policy did not cover cost of cleaning up damage to their home.
Insurance Apr. 4, 2014
People v. Canela
Robber receives 'great bodily injury' sentence increase for hitting pedestrian with vehicle while evading police officers by driving on wrong side of highway.
Criminal Law and Procedure Apr. 4, 2014
Alonzo J., a Minor
Juvenile offender, who attacked his mother on two occasions, may not enter no contest plea to charges against him without his attorney’s consent.
Juveniles Apr. 4, 2014