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Salameh v. Tarsadia Hotel
Purchasers of condominium units in mixed-use San Diego Hard Rock Hotel may not sue for securities violations because they were not sold securities.
Securities Aug. 14, 2013
Urbino v. Orkin Services of California Inc.
Federal court may not decide action under Private Attorneys General Act of 2004 because employers combined penalties to invoke federal jurisdiction.
Employment Law Aug. 14, 2013
U.S. v. Garcia
Defendant’s conviction for involuntary manslaughter is overturned where jury instructions did not require finding of gross negligence, an essential element of involuntary manslaughter.
Criminal Law and Procedure Aug. 14, 2013
In re Complaint of Judicial Misconduct
Order
Aug. 14, 2013
State Farm General Insurance Co. v. WCAB
Workers’ compensation insurer cannot sue other insurer for reimbursement in relation to decades-old claim for failure to seek judicial review of prior decisions.
Workers' Compensation Aug. 14, 2013
California Building Industry Association v. Bay Area Air Quality Management District
Air quality management district does not have to conduct environmental review before publishing new thresholds for determining impacts of future projects.
Environmental Law Aug. 14, 2013
D.B., a Minor
Juvenile court may take away parents' visitation rights after evidence showed that children, after years, continued to respond negatively to visits from parents.
Juveniles Aug. 13, 2013
Nordeen v. Bank of America N.A. (In re Nordeen)
Borrowers are not entitled to relief following default on promissory note because securitization of their loan contract did not render trust deed unenforceable.
Bankruptcy Aug. 13, 2013
American Nurses Association v. Torlakson
Unlicensed school personnel may administer insulin to diabetic children in accordance with statements of student's parents and treating physician.
Education Aug. 13, 2013
Elk Hills Power LLC v. Board of Equalization
Board of Equalization may not tax power plant for emission reduction credits because such credits are exempt from taxation as intangible assets.
Taxation Aug. 13, 2013
Progressive Choice Insurance Co. v. California State Automobile Association Inter-Insurance Bureau
After accident with underinsured driver, both insurance companies with policies covering injured passenger must pay pro-rata share of insurance payment.
Insurance Aug. 13, 2013
People v. Williams
Contractor escapes convictions for impairing fire protection systems because he did not specifically intend to impair systems’ effective operation.
Criminal Law and Procedure Aug. 12, 2013
Glaski v. Bank of America
Borrower may sue bank for wrongful foreclosure where attempted transfer of loan to securitized trust occurred after trust’s closing date.
Real Property Aug. 12, 2013
POET LLC v. California Air Resources Board
Agency’s approval of regulations aimed at reducing carbon content of fuels in California is premature, but regulations are allowed to remain operative.
Environmental Law Aug. 12, 2013
Cabantac v. Holder
In determining removability due to controlled substance offense, appeals court may consider facts alleged in count specified in abstract of judgment.
Immigration Aug. 12, 2013
People v. Barao
Trial court properly refuses to approve proposed plea bargain to reduce sentence by more than 30 years in case involving murder, firearm use and robbery.
Criminal Law and Procedure Aug. 12, 2013
Acme Steel v. WCAB
WCAB must determine what percentage of employee's hearing loss was caused by occupational factors before awarding total disability.
Workers' Compensation Aug. 12, 2013
City of Perris v. Stamper
Jury must consider value of parcel before city takes parcel for new truck route because city wanted owners to dedicate parcel to city.
Real Property Aug. 12, 2013
People v. Maciel
Gang member who was involved in murders of five victims may not challenge death sentence based on right to seek advice of Mexican consulate.
Criminal Law and Procedure Aug. 9, 2013
People v. Martinez
Mexican citizen may overturn conviction by proving he would have rejected plea bargain if he had known of its adverse immigration consequences.
Criminal Law and Procedure Aug. 9, 2013
Natural Resources Defense Council Inc. v. County of Los Angeles
Los Angeles County violates Clean Water Act because monitoring data showed that pollutants in stormwater exceeded allowed levels under permit.
Environmental Law Aug. 9, 2013
U.S. v. Thomas
Government’s disclosure of heavily redacted records regarding drug-detection dog’s training and experience is deficient.
Criminal Law and Procedure Aug. 9, 2013
Corvello v. Wells Fargo Bank NA
Banks must offer permanent home loan modifications to borrowers, or timely notify them that they do not qualify, if they comply with requirements of their trial period plans.
Real Property Aug. 9, 2013
Fort Belknap Housing Dept. v. Office of Public and Indian Housing
Court may not review Dept. of Housing and Urban Development’s decision to withhold overpayment to Indian Tribe's housing entity under rent-subsidy program.
Native American Affairs Aug. 9, 2013
People v. Guillen
Probationer who successfully completed court-ordered drug treatment program no longer has to pay remaining unpaid restitution fine.
Criminal Law and Procedure Aug. 9, 2013
People v. Johnson
Three-month lapse between arrest and probation revocation hearing does not violate probationer’s right to receive timely hearing.
Criminal Law and Procedure Aug. 9, 2013
People v. Petronella
Business owner who underreported payroll for several years to receive lower insurance premiums is convicted of violating Insurance Code.
Criminal Law and Procedure Aug. 9, 2013
Honchariw v. County of Stanislaus
Developer prevails in suit against county to subdivide parcel into residential lots, but does not win attorney fees because project was not for low-income housing.
Real Property Aug. 9, 2013
Civic Partners Stockton LLC v. Youssefi
Copyright law does not preempt renovator’s claim against redevelopment company for use of its architectural plans in application for tax credit.
Torts Aug. 9, 2013
U.S. v. Lee
District court may not manipulate calculations to create desired sentence for woman who assisted government in prosecuting drug network she was involved in.
Criminal Law and Procedure Aug. 8, 2013