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Name Category Published
Duick v. Toyota Motor Sales U.S.A. Inc.
Contract drafted so as to conceal true nature of conduct, which unwitting participant was subjected to, is void due to fraud in inception. 		Contracts Sep. 1, 2011
People v. Muniz
Court’s definition of instruction term regarding reasonable doubt is proper where there is no reasonable likelihood jurors applied instruction in unconstitutional manner. 		Criminal Law and Procedure Sep. 1, 2011
Strong v. Superior Court (People)
Prosecution of defendants for murder based on amended statute violates ex post facto principles where victim died 29 years after assault. 		Criminal Law and Procedure Aug. 31, 2011
Salas v. California Dept. of Transportation
Public entity establishes that no dangerous condition of public property exists by proving that physical characteristics did not expose users to increased danger. 		Torts Aug. 31, 2011
Lyon v. Chase Bank USA N.A.
Credit-card holder states valid claim under Oregon's Unlawful Debt Collection Practices Act when bank had reason to know that it violated Fair Credit Billing Act. 		Banking Aug. 31, 2011
U.S. v. Crowder
Proof that defendant knew of facts that constitute offense is sufficient for conviction for failure to register as sex offender under Sex Offender Registration and Notification Act. 		Criminal Law and Procedure Aug. 31, 2011
Charter Communications Properties v. County of San Luis Obispo
Reasonably anticipated terms of possession may be used in valuing franchises where mutual understanding exists that terms of possession were longer than stated terms. 		Taxation Aug. 31, 2011
Fremont Reorganizing Corp. v. Faigin
Litigation privilege does not apply in action by former client against attorney for breach of professional duties. 		Civil Procedure Aug. 31, 2011
Hacienda Ranch Homes Inc. v. Superior Court (Elissagaray)
Cotenants fail to establish ouster, as required for adverse possession claim against other cotenant, because they never performed acts of adverse character. 		Real Property Aug. 31, 2011
People v. Torres
Sentence enhancement imposed on defendant is improper where based on offense that was not submitted to jury for conviction. 		Criminal Law and Procedure Aug. 31, 2011
People v. Lopez
Defendant’s act of luring victim into secluded alley reflects utter indifference to victim’s life, which supports special circumstance for robbery-murder. 		Criminal Law and Procedure Aug. 31, 2011
Jones v. ConocoPhillips
Product liability claim based on toxic material exposure need not identify specific toxin, only specific product, at pleading stage of proceedings. 		Torts Aug. 31, 2011
Brown v. Chiang
State Controller has ministerial duty to implement Governor's mandatory unpaid furlough, which applies to employees of elected constitutional officers as well. 		Government Aug. 31, 2011
Opinion of Harris
Majority of city council members may not attend private tour of water district facilities, which provide services to city, to acquire information regarding services. 		Government Aug. 30, 2011
People v. Clark
Witness-murder special circumstance applies where defendant did not have common criminal intent toward both victims upon initiation of first criminal act. 		Criminal Law and Procedure Aug. 30, 2011
Sonoma County Employees’ Retirement Association v. Superior Court (The Press Democrat)
Retirement association is required to disclose names of persons receiving pension benefits and amount of benefits under County Employees Retirement Law. 		Government Aug. 30, 2011
P.A., a Minor
Juvenile court must hold evidentiary hearing to reconcile competing paternity interests when child has both presumed and biological father. 		Judges Aug. 30, 2011
Aguilar-Turcios v. Holder
Order 		Aug. 30, 2011
International Union of Painter and Allied Trades, District 15, Local 159 v. J&R Flooring Inc.
Union is entitled to arbitration regarding majority status where parties agreed upon such dispute resolution in collective bargaining agreement. 		Labor Law Aug. 30, 2011
In re Hill
Counsel’s assistance is ineffective where she failed to obtain photographs of victim and expert to contradict prosecution expert's testimony. 		Criminal Law and Procedure Aug. 30, 2011
Marriage of Cryer
Trial court properly declines to order severe reduction of child support where special circumstances warranted deviation from normal formula. 		Family Law Aug. 30, 2011
People v. Le
Conviction for possession of ‘controlled substance’ is improper where prosecution failed to show MDMA, which was not listed in definition, qualified as controlled substance. 		Criminal Law and Procedure Aug. 30, 2011
Opinion of Harris
Water district may hold board meetings at its principal office, although office is located outside jurisdictional territory of district. 		Government Aug. 29, 2011
Opinion of Harris
District attorney may not delegate independent authority to exercise administrative subpoena powers to county counsel, who may prosecute unfair competition law action. 		Government Aug. 29, 2011
U.S. v. Stinson
Venue is proper in district where defendant committed essential conduct of committing violent crime, even where physical element of crime occurred elsewhere. 		Criminal Law and Procedure Aug. 29, 2011
Valadez-Lopez v. Chertoff
Administrative exhaustion requirement is met where agency denied administrative tort claims six months after filing, but before complaint was amended to name U.S. as party. 		Administrative Agencies Aug. 29, 2011
Manufactured Home Communities Inc. v. County of San Diego
Anti-SLAPP motion to strike defamation claim is proper where plaintiff failed to show substance of statements at issue were false. 		Torts Aug. 29, 2011
Young v. County of Los Angeles
Use of intermediate force is unreasonable when officer detained suspect for minor infraction and suspect posed no threat to officer. 		Civil Rights Aug. 29, 2011
Harlick v. Blue Shield of California
Under Mental Health Parity Act, insurer is required to pay for residential care that is medically necessary treatment for severe mental illness. 		Insurance Aug. 29, 2011
Opinion of Harris
Spouse’s financial interests are attributable to public officer spouse in determining conflicts of interest, even if premarital agreement specifies that no interest exists. 		Government Aug. 29, 2011
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