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Name Category Published
Carolyn Nichols Revocable Living Trust v. Superior Court (Department of Water Resources)
Order
Jul. 15, 2011
Property Reserve v. Superior Court (Department of Water Resources)
Order
Jul. 15, 2011
Nunez-Reyes v. Holder
State-court conviction for simple drug possession, which was later expunged, constitutes ‘conviction’ for federal immigration purposes.
Immigration Jul. 15, 2011
Gomez-Granillo v. Holder
Immigration judge may consider all evidence known, and make credibility determination of alien’s testimony, to support reasonable belief that alien was drug trafficker.
Immigration Jul. 15, 2011
E.M. v. Pajaro Valley Unified School District Office of Administrative Hearings
District court reviewing administrative decision under Individuals with Disabilities Education Act must consider additional, relevant evidence upon party’s request.
Education Jul. 15, 2011
Hu v. Holder
BIA errs in finding asylum-seeker’s past mistreatment was not based on protected ground when abuse was motivated by political opinion imputed on him by police.
Immigration Jul. 15, 2011
People v. James
Court may consider dismissed prior strike for purposes of sentencing, and enhanced custody credit provisions do not require pleading and proof.
Criminal Law and Procedure Jul. 15, 2011
Federal Insurance Co. v. Union Pacific Railroad Co.
Subrogee may not sue subcontractor for damages due to enforceable covenant not to sue in bill of lading, which specified applicable legal regime.
Maritime Law Jul. 14, 2011
Natural Resources Defense Council Inc. v. County of Los Angeles
Evidence of county’s control over flood stations where standards-exceeding pollutants were found is sufficient to support violation of Clean Water Act.
Environmental Law Jul. 14, 2011
Kunde v. Seiler (Central Committee of the Republican Party of San Diego County)
Political party may include one-page letter containing electioneering materials in mailing of sample ballot to party members in direct primary election.
Government Jul. 14, 2011
Fairbanks v. Farmers New World Life Insurance Co.
Class certification is denied for purported fraudulent business practice claim where plaintiffs failed to show that insurer engaged in uniform misleading conduct.
Business Law Jul. 14, 2011
State Farm General Insurance Co. v. Frake
Insurer does not have duty to defend lawsuit arising from deliberate act of striking plaintiff, regardless of insured’s intent to injure.
Insurance Jul. 14, 2011
Parmar v. Board of Equalization
In refund action, shareholders and officers of company do not have standing to recover amount that company paid on their behalf.
Taxation Jul. 14, 2011
People v. Superior Court (Wright)
Fraudulent voting charges are reinstated where presumption that legislator's domicile is address in voter registration form does not apply.
Criminal Law and Procedure Jul. 13, 2011
Patel v. Kent School District
Fourteenth Amendment due process claim fails where claim alleged that teacher failed to supervise disabled student who had sexual encounters at school.
Constitutional Law Jul. 13, 2011
Ulta Salon, Cosmetics & Fragrance Inc. v. Travelers Property Casualty Co. of America
Insurer does not have duty to defend suit alleging Proposition 65 violations, which does not give rise to claim for bodily injury or property damage covered by policy.
Insurance Jul. 13, 2011
All Angels Preschool/Daycare v. County of Merced
Although county is under statutory duty to keep identity of plaintiff who reported child neglect confidential, it is not liable for particular injury suffered by plaintiff.
Government Jul. 13, 2011
In re Richardson
Habeas relief for ineffective assistance of appellate counsel is denied where claim is based on trial counsel’s assistance that court did not find deficient.
Criminal Law and Procedure Jul. 13, 2011
State of California v. Safeway Inc.
Employers’ profit sharing agreement does not violate antitrust law per se, or under ‘quick look’ analysis, where anticompetitive effects are not obvious.
Antitrust Jul. 13, 2011
Centro Familiar Cristiano Buenas Nuevas v. City of Yuma
City’s treatment of church as blighting entertainment district violates ‘equal terms’ provision of Religious Land Use and Institutionalized Persons Act.
Constitutional Law Jul. 13, 2011
Brown v. Horell
Habeas corpus petition is properly denied although interrogator coerced defendant into confessing by conditioning his ability to see his child on cooperation with police.
Criminal Law and Procedure Jul. 13, 2011
California Franchise Tax Board v. Kendall (In re Jones)
Tax debt arising more than three years prior to Chapter 7 filing is not excepted from discharge due to prior bankruptcy filing.
Bankruptcy Jul. 13, 2011
Today’s Fresh Start Inc. v. Los Angeles County Office of Education
Charter school’s due process rights are not violated during revocation proceedings where no evidence of county board’s bias at hearing was presented.
Education Jul. 13, 2011
Zullo v. Superior Court (Inland Valley Publishing Co.)
Employer's arbitration agreement is unconscionable and unenforceable where it was placed in employee handbook on take it or leave it basis.
Contracts Jul. 13, 2011
Brown v. Ralphs Grocery Co.
Decision holding that Federal Arbitration Act preempts California law regarding class action waiver does not apply to contractual waiver of private attorney general claim.
Employment Law Jul. 13, 2011
Silverado Modjeska Recreation and Parks District v. County of Orange (CCRC Farms LLC)
County is not required to recirculate supplemental environmental impact report with reference to observation of endangered arroyo toad near project site.
Environmental Law Jul. 12, 2011
Citizens for Responsible Equitable Environmental Development v. City of Chula Vista (Target Corp.)
Environmental impact report is required where fair argument of potential significant environmental impact existed based on lack of measures addressing soil contamination.
Environmental Law Jul. 12, 2011
J.O. v. Superior Court (Sacramento County Dept. of Health and Human Services)
Bypass of services provision does not apply to parents who have not been subject to treatment before initial petition was filed in dependency proceedings.
Juveniles Jul. 12, 2011
People v. Bivert
Evidence tending to prove defendant was White supremacist is relevant and admissible in proving motive and intent to kill.
Criminal Law and Procedure Jul. 12, 2011
In re Crew
Defendant fails to show ineffective assistance of counsel where mitigating evidence of alleged abuse could not reasonably have been discovered at time of trial.
Criminal Law and Procedure Jul. 12, 2011