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Name Category Published
Concerned Citizens for Responsible Government v. West Point Fire Protection District
Assessment that confers general benefit of fire protection to all parcels is invalid under Proposition 218, which limits imposition of special assessments.
Taxation Jun. 29, 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 Jun. 29, 2011
Reese v. BP Exploration (Alaska) Inc.
Forward-looking promise contained in SEC filings does not support securities fraud claim as misrepresentation of fact.
Securities Jun. 29, 2011
Antonyan v. Holder
BIA errs in failing to find nexus between asylum-seeker’s mistreatment and whistle-blowing efforts as protected political opinion.
Immigration Jun. 29, 2011
Natural Resources Defense Council Inc. v. South Coast Air Quality Management District
District court lacks jurisdiction to review challenge to EPA action under Clean Air Act.
Environmental Law Jun. 29, 2011
Behnke v. State Farm General Insurance Co.
Summary judgment in favor of insurer on breach of contact claim is proper where insurer performed obligations and insured suffered no damages.
Insurance Jun. 29, 2011
Absmeier v. Simi Valley Unified School District
School district exceeds its authority by retaining law firm to render decision after administrative law judge failed to decide case.
Administrative Agencies Jun. 29, 2011
People v. McDonough
Denial of outpatient status is improper where court found details of program lacking, but did not find that defendant was currently insane.
Criminal Law and Procedure Jun. 29, 2011
Van Sickle v. Gilbert
Plaintiff must give notice to defendant of specific damages sought for breach of fiduciary duty or accounting claims for default judgment to be valid.
Civil Procedure Jun. 29, 2011
Bower v. AT&T Mobility LLC
No injury occurs where wireless phone retailer failed to inform consumers of its discretionary authority to charge sales tax of undiscounted price of phone.
Business Law Jun. 29, 2011
Bleavins v. Demarest
Court properly grants anti-SLAPP motion as to fraud claim against law firm based on its representation of third party over statutorily protected speech.
Civil Procedure Jun. 29, 2011
Shaboyan v. Holder, Jr.
Order
Jun. 29, 2011
Wells Fargo Bank N.A. v. FSI, Financial Solutions Inc.
Although bank acted negligently in relation to dishonored check's status, evidence does not support finding that customer was made worse off.
Banking Jun. 29, 2011
Citizens For A Better Eureka v. California Coastal Commission
California Coastal Commission has appellate jurisdiction over coastal development permits where developments are not limited to nuisance abatement.
Environmental Law Jun. 29, 2011
FCC, et al. v. Fox Television Stations, et al.
Order
Jun. 28, 2011
Herrera v. Deutsche Bank National Trust Co.
Court errs in granting summary judgment based on taking judicial notice of recorded public documents with contents that remained in dispute.
Real Property Jun. 28, 2011
Wallace v. McCubbin
Court errs in denying defendant’s anti-SLAPP motion to strike claim that was based on unlawful detainer action where acts were protected by statute.
Civil Procedure Jun. 28, 2011
People v. J.A.
Juvenile defendant’s term of years sentence constitutes cruel and unusual punishment where it acts as de facto life without parole sentence.
Juveniles Jun. 28, 2011
Veal v. American Home Mortgage Servicing Inc. (In re Veal)
Party seeking relief from stay lacks standing where it fails to establish its status as holder of note on mortgage at issue.
Bankruptcy Jun. 28, 2011
San Diego County Employees Retirement Association v. Superior Court (California Foundation for Fiscal Responsibility)
Records of retirees' names, pension amounts, and calculation of benefits are not exempt from disclosure under California Public Records Act.
Government Jun. 28, 2011
Beer v. United States
Order
Jun. 28, 2011
Hartley v. Superior Court (Monex Deposit Co.)
Court errs in granting motion to compel arbitration where parties’ agreement does not clearly and unmistakably give determination of arbitrability issue to arbitrator.
Civil Procedure Jun. 28, 2011
Redevelopment Agency of the City of Stockton v. BNSF Railway Co.
Under nuisance theory, railway company is not responsible for contamination that was caused entirely by industrial site via installation of drains.
Environmental Law Jun. 28, 2011
Goins v. United States
Order
Jun. 28, 2011
Rivera-Martinez v. United States
Order
Jun. 28, 2011
Dow Chemical Canada ULC v. Fandino
Order
Jun. 28, 2011
IMS Health, Inc. v. Schneider
Order
Jun. 28, 2011
Barba v. California
Order
Jun. 28, 2011
Carrigan v. United States
Order
Jun. 28, 2011
Dilboy v. New Hampshire
Order
Jun. 28, 2011