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Name Category Published
Gonzalez (Sergio) on H.C.
Order
Nov. 1, 2013
U.S. v. Tercero
Following enactment of Fair Sentencing Act, district court properly refuses to further reduce crack cocaine offender’s sentence below 70 months.
Criminal Law and Procedure Nov. 1, 2013
Marriage of Burwell
Ex-wife must hold off on spending term life insurance proceeds because issues remain as to whether policy is community asset, husband’s separate property, or both.
Family Law Nov. 1, 2013
Felicity S., a Minor
Preteen's appellate attorney is admonished for filing brief that urged placement with mother, which directly contrasted with trial attorney's position.
Juveniles Nov. 1, 2013
Christina C. v. County of Orange
Social services agency is not liable for decision to remove child from mother's care, which she claimed was made out of arrogance and to punish her.
Family Law Oct. 31, 2013
Crowley v. Bannister
Prisoner fails to hold prison medical director liable for Lithium overdose by pointing to daily two pill call policy, which enlarged his doses.
Prisoners Rights Oct. 31, 2013
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 Oct. 31, 2013
U.S. v. Kyle
District judge’s remarks during plea agreement discussions upend guilty plea in child sexual abuse case by influencing decision to enter plea.
Criminal Law and Procedure Oct. 31, 2013
Water Replenishment District of Southern California v. City of Cerritos
City must pay water replenishment district’s fees for drawing groundwater, even if another court's interim order found those fees were invalid.
Government Oct. 31, 2013
Community Youth Athletic Center v. City of National City
Community youth center averts city’s blight designation of its property, but may not stop city from possibly attempting to take its land in the future.
Real Property Oct. 31, 2013
Dietrick v. Superior Court (People)
‘Two-dismissal’ rule does not apply when prosecutor voluntarily dismissed case after forgetting to present evidence of prior convictions, then filed charges again.
Criminal Law and Procedure Oct. 31, 2013
Steiner v. Superior Court (Volkswagen Group of America)
Trial court’s gag order requiring attorney to take down website pages, which described her successes in similar trials, infringes free speech rights.
Constitutional Law Oct. 31, 2013
A.M., a Minor
GPS devices may be used to track minors, who are truant wards on probation, to assist courts in monitoring compliance with curfew.
Juveniles Oct. 31, 2013
State Dept. of State Hospitals v. Superior Court (Novoa)
State hospitals are not responsible for death of teenage girl who was raped and killed by prisoner released on parole without a full evaluation.
Torts Oct. 31, 2013
Wise v. DLA Piper LLP (US)
DLA Piper prevails in malpractice action by former clients because they alleged firm failed to pursue judgment against a broke defendant.
Attorneys Oct. 30, 2013
San Diego Assemblers Inc. v. Work Comp for Less Insurance Services Inc.
Insurance broker dodges insurer’s lawsuit, which was filed on behalf of broker’s client, because broker only provided a policy and did not cause damage.
Insurance Oct. 30, 2013
Gasprom Inc. v. Fateh (In re Gasprom Inc.)
Creditor may not foreclose on gas station when bankruptcy court’s abandonment order failed to terminate automatic stay protection for gas station.
Bankruptcy Oct. 30, 2013
People v. Montrose
State prisoner will not be placed in county jail based on Realignment Legislation when sentence was imposed, but suspended, before Oct. 1, 2011.
Criminal Law and Procedure Oct. 30, 2013
Angelica Textile Services Inc. v. Park
Laundry service may continue to sue its former employee’s competing business, after jury threw out claim alleging he stole trade secrets.
Intellectual Property Oct. 30, 2013
Lujan v. Garcia
First-degree murder convictions are set aside where man confessed to killing his estranged wife and another man without clear explanation of right to attorney.
Criminal Law and Procedure Oct. 30, 2013
People v. Doyle
Defendant’s prior DUI manslaughter conviction may be used to both elevate his current DUI to felony and serve as a strike under Three Strikes law.
Criminal Law and Procedure Oct. 30, 2013
In re Alatriste
Juvenile defendants’ lengthy sentences after committing murders are not cruel and unusual because they will be able to ask for parole later.
Juveniles Oct. 30, 2013
Montoya v. Barragan
New trial is needed in case of doctor, who possibly caused patient’s death by delaying treatment, because first trial had ‘irregularity in the proceedings.’
Civil Procedure Oct. 30, 2013
Pfeifer v. John Crane Inc.
Manufacturer may not escape liability for worker’s mesothelioma diagnosis by arguing he worked for U.S. Navy, which knew asbestos was dangerous.
Torts Oct. 30, 2013
California Clean Energy Committee v. City of San Jose
Environmental group may sue to prevent City of San Jose from adopting new general plan because city council adopted plan despite knowing group’s objections.
Environmental Law Oct. 30, 2013
Kern, Inyo & Mono Counties Plumbing, Pipefitter & Refrigeration/Air Conditioning Mechanic Joint Apprenticeship and Training Committee v. California Apprenticeship Council (Plumbing, Heating and Cooling Contractors of the Greater Sacramento Area Plumbers Unilateral Apprenticeship Committee)
California Apprenticeship Council allows new plumbing program in Kern County because existing program had less than 30 percent graduation rate.
Labor Law Oct. 30, 2013
City of Bell v. Superior Court (Rizzo)
City of Bell does not have to defend Robert Rizzo in civil or criminal lawsuits against him after he stole from the city for nearly 17 years.
Government Oct. 29, 2013
Gonzalez v. City of Anaheim
Order
Oct. 29, 2013
Gulbrandson v. Ryan
Death sentence based on brutal murder of ex-girlfriend is upheld despite defense counsel's alleged failure to recall expert at sentencing to testify as to mental state.
Criminal Law and Procedure Oct. 29, 2013
Chavarria v. Ralphs Grocery Co.
Ralphs Grocery may not force former deli clerk to arbitrate claims under California labor law because arbitration policy in employment application was unfair.
Employment Law Oct. 29, 2013