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Name Category Published
C.F. v. Capistrano Unified School District
Public school teacher is entitled to qualified immunity from suit alleging violations of Establishment Clause based on statements made during history class.
Civil Rights Aug. 22, 2011
People v. Lopez
Admission of evidence of prior uncharged acts of misconduct is error as to first degree burglary charge because probative value did not outweigh prejudice.
Criminal Law and Procedure Aug. 22, 2011
Pacific Caisson & Shoring Inc. v. Bernards Bros. Inc.
Subcontractor’s general engineering contractor’s license is valid under subcontract requiring lesser, specialty license allowing same work.
Contracts Aug. 22, 2011
El-Attar v. Hollywood Presbyterian Medical Center
Elected committee must appoint hearing panel and may not delegate this task to governing board in absence of contrary bylaw provision.
Civil Procedure Aug. 22, 2011
Yakima Valley Memorial Hospital v. Washington State Dept. of Health
Repealed act does not provide congressional authorization for state certificate of need regulations for purposes of providing defense to dormant Commerce Clause claim.
Constitutional Law Aug. 22, 2011
Center for Environmental Law and Policy v. United States Bureau of Reclamation
State agency's environmental assessment for proposed incremental drawdown of water is proper although part of cumulative effects analysis was perfunctory.
Environmental Law Aug. 22, 2011
People v. Castaneda
Kidnapping conviction is reversed where erroneous instruction as to asportation element in kidnapping charge prejudiced defendant.
Criminal Law and Procedure Aug. 19, 2011
Howell v. Hamilton Meats & Provisions Inc.
Collateral-source rule does not preclude write-offs from medical care providers because plaintiff never incurred liability for original amount of medical bills.
Torts Aug. 19, 2011
People v. Milward
Defendant's conviction for aggravated assault is necessarily included within offense of aggravated assault by life prisoner and thus, must be reversed.
Criminal Law and Procedure Aug. 19, 2011
People v. Castaneda
Order
Aug. 19, 2011
California Redevelopment Association v. Matosantos
Order
Aug. 19, 2011
Martin v. Inland Empire Utilities Agency
Order granting anti-SLAPP motion with leave to amend constitutes functional equivalent of order denying motion.
Civil Procedure Aug. 19, 2011
J.H., a Minor
Denial of request for designation as presumed father is improper where juvenile court’s parentage ruling failed to determine biological paternity.
Juveniles Aug. 19, 2011
People v. Cottone
Order
Aug. 19, 2011
People v. Mitchell
Sentence must be reduced where part of sentence was based on enhancement with which defendant was never charged and which he did not admit committing.
Criminal Law and Procedure Aug. 19, 2011
People v. Canizalez
Sufficient evidence supports second-degree murder conviction based on subjective awareness of risk of death that street racing created.
Criminal Law and Procedure Aug. 19, 2011
Templo Calvario Spanish Assembly of God v. Gardner Construction Corp.
Contract entered into by unlicensed contractor is not automatically illegal and void, and therefore, arbitrator may arbitrate dispute.
Contracts Aug. 18, 2011
The Villa Los Alamos Homeowners Association v. State Farm General Insurance Co.
Losses incurred due to asbestos disturbance are subject to coverage denial under property insurance policy containing pollution exclusion.
Insurance Aug. 18, 2011
Souliotes v. Evans
Order
Aug. 18, 2011
Ammons v. State of Washington Dept. of Social and Health Services
Hospital administrator is not entitled to qualified immunity from suit alleging due process violation where she knew about accusations of sexual abuse against staff member.
Constitutional Law Aug. 18, 2011
Oliver v. Ralphs Grocery Co.
Plaintiff must identify barriers that constitute grounds for discrimination claim under Americans with Disabilities Act in complaint itself, rather than expert report.
Civil Rights Aug. 18, 2011
Miranda v. Braatz
Tribal courts may impose up to one-year term of imprisonment for each discrete criminal violation even though crimes arose out of single transaction.
Native American Affairs Aug. 18, 2011
Yonemoto v. Dept. of Veterans Affairs
Agency fails to comply with Freedom of Information Act by disclosing records to requester only in his capacity as employee of that agency.
Government Aug. 18, 2011
Thomson v. Canyon
Parole evidence rule does not preclude evidence of oral reconveyance agreement, which seller offered to establish real estate agent's breach of fiduciary duty.
Real Property Aug. 18, 2011
Bullock v. Philip Morris USA Inc.
Multi-million dollar punitive damages award against cigarette manufacturer is not unconstitutionally excessive where company's conduct was highly reprehensible.
Torts Aug. 18, 2011
Zelasko-Barrett v. Brayton-Purcell LLP
Professional exemption from overtime pay applies to law school graduate performing legal services, who was not yet licensed to practice law.
Employment Law Aug. 18, 2011
Dougherty v. City of Covina
Search warrant lacks probable cause where insufficient nexus exists between allegations of sexual molestation at defendant’s workplace and search for child pornography.
Civil Rights Aug. 17, 2011
California Redevelopment Association v. Matosantos
Order
Aug. 17, 2011
People v. Meza
Court has discretion to grant motion to correct error where prosecution’s omission of evidence regarding tolling of statute of limitations is ‘minor.’
Criminal Law and Procedure Aug. 17, 2011
Barrese v. Murray
60-day limit on court's power to rule on motion for new trial does not apply where appellate court remands case for further proceedings on motion.
Civil Procedure Aug. 17, 2011