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Name Category Published
Sukup v. United States
Order
May 24, 2011
In re Louis J. Clay, Jr.
Order
May 24, 2011
In re Louis J. Clay, Jr.
Order
May 24, 2011
U.S. v. Lettiere
Court properly uses statutory definition of ‘brandish,’ which was clearly defined under statute, even if statutory interpretation varied from ordinary meaning.
Criminal Law and Procedure May 24, 2011
Williams v. Cavazos
Court violates Sixth Amendment by removing holdout juror where there was reasonable probability that discharge stemmed from views on merits.
Criminal Law and Procedure May 24, 2011
U.S. v. Diaz-Ramirez
Answers given during group plea hearing do not violate defendants’ due process rights where affirmative evidence shows plea was entered knowingly and willfully.
Criminal Law and Procedure May 24, 2011
In re Nguyen
Mental health evaluator’s failure to explore petitioner's behavior does not amount to evidence of dangerousness for purposes of reversal of parole grant.
Criminal Law and Procedure May 24, 2011
D.C., a Minor
Substantial evidence supports juvenile court's finding that mother subjected child to act of cruelty, regardless of evidence that mother intended harm.
Juveniles May 24, 2011
Martinez v. Los Angeles County Metropolitan Transportation Authority
Offer under Code of Civil Procedure Section 998 stating that each side will bear their own costs includes attorney fees in definition of ‘costs.’
Civil Procedure May 24, 2011
Scott C. Moody Inc. v. Starr Surgical Co.
Court properly imposes sanctions against attorney for knowingly violating order forbidding attorney from asking witness about specific issue.
Attorneys May 24, 2011
U.S. v. Kent
Threat of enhanced charges during plea negotiations, later carried out after defendant rejects offer, does not constitute vindictiveness that warrants striking of enhancement.
Criminal Law and Procedure May 24, 2011
Adoption of B.C.
Action to set aside adoption based on extrinsic fraud is time-barred because it was not filed within three years of adoption order.
Family Law May 23, 2011
Granite Rock Co. v. International Brotherhood of Teamsters, Freight
Order
May 23, 2011
Dudum v. Arntz
City’s instant runoff voting system’s limitation to three candidates imposes minimal restrictions on voters’ rights and is justified by city’s interest in efficient elections.
Constitutional Law May 23, 2011
Knapp v. AT&T Wireless Services Inc.
Court denies class certification for lack of commonality because determining unfair practice would necessarily turn on individual inquiry as to each store’s representation.
Business Law May 23, 2011
People v. Law
Firearm enhancement is supported by substantial evidence where witnesses testified as to seeing, touching, and hearing defendant’s use of gun.
Criminal Law and Procedure May 23, 2011
Areso v. CarMax Inc.
Car dealer’s practice of rewarding sales consultants with uniform payment for each car sold constitutes ‘commission’ exempting company from paying overtime.
Employment Law May 23, 2011
Folgelstrom v. Lamps Plus Inc.
Cause of action alleging that retailer violated Song-Beverly Credit Card Act of 1971 by asking customers for ZIP codes survives demurrer.
Business Law May 23, 2011
People v. Heslington
Court errs in ordering complete unsealing of affidavit where previous substantial disclosure already provided defendant with necessary material.
Criminal Law and Procedure May 23, 2011
Price v. Operating Engineers Local Union No. 3
Court properly denies anti-SLAPP motion to strike defamation claim related to flyers distributed during labor strike where flyers were unrelated to labor dispute.
Torts May 23, 2011
Granite Rock Co. v. International Brotherhood of Teamsters, Freight
Order
May 22, 2011
People v. Perez
Court may use ‘prison packets’ or business records kept by penal institutions in proving defendant’s prior convictions for sentencing purposes.
Criminal Law and Procedure May 20, 2011
People v. Superior Court (Rigby)
Court acts in excess of jurisdiction by permitting sexually violent predator to petition for conditional release while not currently committed.
Criminal Law and Procedure May 20, 2011
People v. Racklin
In revocation hearing, probationer’s admission, which was elicited by police officers absent 'Miranda' warning, is admissble.
Criminal Law and Procedure May 20, 2011
People v. Avila
Order
May 20, 2011
People v. Zarate
Order
May 20, 2011
Tien v. Tenet Healthcare
Order
May 20, 2011
People v. Koontz
Order
May 20, 2011
County of San Bernardino v. W.C.A.B. (McCoy)
Order
May 20, 2011
People v. Manzo
Order
May 20, 2011