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Name Category Published
People v. Carlson
Court properly declines to instruct jury that voluntary intoxication resulting in unconsciousness can reduce charge of murder to involuntary manslaughter. 		Criminal Law and Procedure Nov. 4, 2011
Mirmehdi v. United States
Alien’s ‘Bivens’ claim alleging unlawful detention fails because adequate alternative remedies existed and immigration context implicated foreign policy. 		Immigration Nov. 4, 2011
Kairy v. SuperShuttle International
District court has subject matter jurisdiction to determine whether passenger stage corporation drivers are employees or independent contractors under California law. 		Civil Procedure Nov. 4, 2011
People v. The North River Insurance Co.
Relief from judgment due to attorney mistake may be applied to bail bond forfeiture proceedings where bail agent’s petition was timely. 		Criminal Law and Procedure Nov. 4, 2011
Vogt v. Herron Construction Inc.
Subcontractor may be held vicariously liable where its employee ran over another subcontractor's employee while moving his personal truck on worksite. 		Torts Nov. 3, 2011
Garcia v. Holder
Petitioner’s parole as Special Immigrant Juvenile qualifies as ‘admission in any status’ for purposes of eligibility for cancellation of removal. 		Immigration Nov. 3, 2011
Alpha and Omega Development LP v. Whillock Contracting Inc.
Anti-SLAPP motion is properly granted where plaintiff’s complaint is based on lis pendens filed in previous action and subject to litigation privilege. 		Real Property Nov. 3, 2011
People v. Davis
Reports prepared by nontestifying physicians are not 'testimonial' out-of-court statements and as such, they are admissible under Sixth Amendment. 		Criminal Law and Procedure Nov. 3, 2011
People v. Ruffin
Mandatory lifetime sex offender registration requirement for prison inmates who commit acts of oral copulation with consenting adults violates equal protection. 		Criminal Law and Procedure Nov. 3, 2011
U.S. v. Harvey
Under Federal Controlled Substances Act Section 844(a), meaning of 'order' does not include recommendation from physician pursuant to Compassionate Use Act. 		Criminal Law and Procedure Nov. 3, 2011
Hernandez v. Kieferle
Presumption that testamentary transfers to care custodians are invalid does not apply where transferor’s step-daughter was heir capable of inheriting. 		Probate and Trusts Nov. 2, 2011
County of Kern v. WCAB
Member of volunteer fire department is properly deemed employee of county where county directly assisted in training members and provided financial support to department. 		Workers' Compensation Nov. 2, 2011
Barnett v. State Farm General Insurance Co.
Lawful seizure and destruction of marijuana plants pursuant to valid search warrant does not constitute ‘theft’ triggering insurance coverage under homeowner's policy. 		Insurance Nov. 2, 2011
Jerry Beeman and Pharmacy Services Inc. v. Anthem Prescription Management, LLC
Order 		Nov. 2, 2011
People v. Nunes
Defendants may be punished separately for active participation in criminal street gang charge, which was not based solely on underlying felony convictions. 		Criminal Law and Procedure Nov. 2, 2011
People v. Crivello
Prosecution may not seek recommitment of defendant for mental treatment following court’s determination of reasonable doubt as to whether disorder was causative in crime. 		Criminal Law and Procedure Nov. 2, 2011
People v. Robinson
Court errs in staying gang enhancement where imposition of sentencing enhancements is governed by more specific of two conflicting statutes on matter. 		Criminal Law and Procedure Nov. 2, 2011
The Oglio Entertainment Group Inc. v. Hartford Casualty Insurance Co.
Insurer does not have duty to defend under 'advertising injury' provision where recording artist's lawsuit alleged that music label sold competing products. 		Insurance Nov. 2, 2011
U.S. v. Sanchez
Prosecutor’s statements urging jury against acquittal in case that rested on defendant’s credibility prejudices defendant's trial and warrants reversal of conviction. 		Criminal Law and Procedure Nov. 2, 2011
Samueli v. Commissioner of Internal Revenue
Purported securities loan with potential term of 450 days, which was entered into for tax avoidance purposes, does not qualify for nonrecognition treatment. 		Taxation Nov. 2, 2011
Conahan v. Sebelius
Medicare Advantage plan is not required to pay for out-of-network surgery where it determined that surgery would be too dangerous and developed alternative plan. 		Government Nov. 2, 2011
Teroso Del Valle Master Homeowners Association v. Griffin
Jury properly finds homeowners association’s restrictions on installation of solar energy systems are reasonable under California Solar Rights Act. 		Real Property Nov. 2, 2011
Brown v. Superior Court (California Correctional Peace Officers Association)
Furlough program is valid where implemented by executive order and retroactively validated by legislative amendments to Budget Act. 		Government Nov. 2, 2011
Clark v. California Insurance Guarantee Association
Third party judgment creditor may not enforce award of costs and interest in direct action against insurer under Insurance Code Section 11580. 		Insurance Nov. 1, 2011
Frisk v. Superior Court (Northwest Surgical Development Co. Inc.)
Court properly determines peremptory challenge is moot where party making challenge was dismissed from lawsuit before court accepted challenge. 		Civil Procedure Nov. 1, 2011
Sonic-Calabasas A, Inc. v. Frank Moreno
Order 		Nov. 1, 2011
L. Perrigo Company v. Augustine Gaeta, et ux.
Order 		Nov. 1, 2011
Cavazos v. Smith
Ninth Circuit errs in setting aside jury verdict due to insufficient evidence although evidence existed to find elements of crime beyond reasonable doubt. 		Criminal Law and Procedure Nov. 1, 2011
Utah Highway Patrol Association v. American Atheists Inc., et al.
Order 		Nov. 1, 2011
People v. Vang
Expert testimony is proper when based on hypothetical questions rooted in facts shown by evidence of case. 		Criminal Law and Procedure Nov. 1, 2011
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