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Name Category Published
Amezcua v. Los Angeles Harley-Davidson
Motorcyclist may not recover for injuries suffered during organized group motorcycle ride where he assumed risk in activity, which organizer did not increase.
Torts Oct. 28, 2011
Southern California Gas Co. v. South Coast Air Quality Management District
Air quality management district's rule imposing monitoring requirements on natural gas distributor is reasonable because distributor derived gas from liquefied natural gas.
Environmental Law Oct. 28, 2011
In re Douglas
Court errs in granting habeas petition that was filed more than decade after defendant had notice of legal basis for petition.
Criminal Law and Procedure Oct. 28, 2011
U.S. v. Nosal
Order
Oct. 28, 2011
Today's Fresh Start v. Los Angeles County Office of Education
Order
Oct. 28, 2011
Rental Housing Owners Association of Southern Alameda County Inc. v. City of Hayward
City's amended ordinance does not violate Fourth Amendment by requiring landlords to make good faith efforts to obtain tenant consent to inspections by city officials.
Real Property Oct. 27, 2011
City of Scotts Valley v. County of Santa Cruz
Court incorrectly interprets tax allocation statutes where shift in property tax revenues applied to low-property tax city incorporated before enactment of Proposition 13.
Taxation Oct. 27, 2011
Trident Labs Inc. v. Merrill Lynch Commercial Finance Corp.
Enforcement of forum selection clause is unreasonable where defendant, which held discretionary power, chose to extensively litigate its rights in original forum.
Civil Procedure Oct. 27, 2011
CDF Firefighters v. Maldonado
Voluntary dismissal of separate and distinct contract claim does not bar recovery of attorney fees by defendant on adjudicated contract claim.
Contracts Oct. 27, 2011
People v. Kingsberry
Court properly corrects sentencing error by increasing defendant’s term in prison from four years, which was unauthorized under sentencing triad, to six years.
Criminal Law and Procedure Oct. 27, 2011
People v. Davis
MDMA qualifies as ‘controlled substance’ because chemical name of substance contains ‘methamphetamine,’ which is defined as controlled substance.
Criminal Law and Procedure Oct. 27, 2011
People v. Santana
Jury instruction on attempted mayhem, which included 'gunshot wound' as example, improperly focuses on intent to injure, instead of nature of injury.
Criminal Law and Procedure Oct. 27, 2011
Radanovich v. Bowen (Citizens Redistricting Commission)
Order
Oct. 27, 2011
Sarei v. Rio Tinto PLC
Alien Tort Statute gives court jurisdiction over claims of genocide, which fall within limited category of claims for violations of internationally accepted norms.
Torts Oct. 26, 2011
Gonzales v. U.S. Dept. of Homeland Security
Appellate court ruling, which held that applicants could not adjust status because they were ineligible to receive Form I-212 waivers, applies retroactively.
Immigration Oct. 26, 2011
U.S. v. Carona
Defendant who tried to persuade witness to provide false testimony commits witness tampering even if he did not want witness to withhold all testimony.
Criminal Law and Procedure Oct. 26, 2011
Carrillo-Yeras v. Astrue
Delay in reopening determination of eligibility for disability insurance benefits must be supported by showing that agency diligently pursued investigation.
Government Oct. 26, 2011
People v. Sanchez
Positioning of deputy near defendant during testimony is not inherently prejudicial where court has discretion to maintain such security measures.
Criminal Law and Procedure Oct. 26, 2011
Arsdi v. Holder
Alien fails to exhaust administrative remedies in challenging IJ’s ruling that crime was 'particularly serious' where he only raised general allegations in appeal to BIA.
Immigration Oct. 25, 2011
U.S. v. Reveles
Non-judicial punishment administered by Navy is not criminal in nature and thus, does not implicate Double Jeopardy Clause.
Criminal Law and Procedure Oct. 25, 2011
Doe v. Busby
Equitable tolling is appropriate for prisoner’s habeas petition where prior counsel’s actions were severely egregious and prisoner used reasonable diligence in pursuing petition.
Criminal Law and Procedure Oct. 25, 2011
Robey v. Superior Court (People)
Officer electing to seize package with strong odor of marijuana, instead of conducting immediate search, must obtain warrant before opening it.
Criminal Law and Procedure Oct. 25, 2011
Sanchez v. Valencia Holding Co. LLC
Arbitration provision is unconscionable where it involves surprise due to unequal bargaining power and contains harsh one-sided terms, regardless of validity of class action waiver.
Contracts Oct. 25, 2011
In re Lucero
California Supreme Court ruling, which held that shooting at occupied vehicle no longer provides predicate for application of felony-murder rule, applies retroactively.
Criminal Law and Procedure Oct. 25, 2011
Molina v. Board of Administration, California Public Employees’ Retirement System (City of Oxnard)
Settlement funds are not ‘compensation’ to be used for computing employee’s pension where agreement did not grant employee right to characterize proceeds.
Contracts Oct. 25, 2011
Gananian v. Wagstaffe
District attorneys do not have mandatory duty to investigate and prosecute alleged offenses related to expenditure of voter-approved school bond funds.
Government Oct. 24, 2011
Baker v. W.C.A.B. (X.S.)
Order
Oct. 21, 2011
Seabright Insurance v. U.S. Airways
Order
Oct. 21, 2011
People v. Vangelder
Order
Oct. 21, 2011
People v. Buza
Order
Oct. 21, 2011