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Name Category Published
Fry v. Dinan (In re Dinan)
Award of attorney fees in connection with judgment for nondischargeability is also nondischargeable.
Bankruptcy May 12, 2011
Sacramento Co. Employees’ Retirement System v. Superior Court (Sacramento Bee)
Court properly orders disclosure of pension benefits received by retirees because disclosure was not covered under exemption within Public Records Act.
Government May 12, 2011
Pannu v. Holder
BIA must reconsider whether failure to register as sex offender constitutes crime of moral turpitude under definition including scienter.
Immigration May 12, 2011
Milner v. U.S. Department of the Navy
Order
May 12, 2011
People v. Riazati
Convictions for animal neglect require showing that defendant exposed animals to high risk of great bodily injury, not death.
Criminal Law and Procedure May 12, 2011
People v. Butler
Crime of fraudulent presentation of multiple claims for same loss is not limited to presentation of claims to more than one insurer.
Criminal Law and Procedure May 12, 2011
Felix v. Aronson
Order
May 12, 2011
United Parcel Service Wage and Hour Cases
Order
May 12, 2011
Service Employees International Union 1021 v. City of San Francisco
Order
May 12, 2011
People v. Sanders
Order
May 12, 2011
Harrison v. Gillespie
Trial court does not subject defendant to double jeopardy by declining to poll jury before discharging it because it was unable to reach verdict.
Criminal Law and Procedure May 11, 2011
Velasquez v. Kirkland
Court properly dismisses federal habeas petition filed more than two years from date on which conviction became final and absent showing petitioner was entitled to tolling.
Criminal Law and Procedure May 11, 2011
U.S. v. Tsosie
Defendant may appeal restitution award following plea agreement where agreement fails to give estimate of restitution amount he is exposed to.
Criminal Law and Procedure May 11, 2011
In re Complaint of Judicial Misconduct
Order
May 11, 2011
Flores v. Lamps Plus Inc.
Court properly denies class certification where individual issues predominate over common issues regarding employees’ alleged denial of meal and rest breaks.
Employment Law May 11, 2011
Pointe San Diego Residential Community L.P. v. Procopio, Cory, Hargreaves & Savitch LLP
Professional negligence claims are timely where amended allegations pertaining to specific acts of negligence related back to original complaint.
Civil Procedure May 11, 2011
Elk Hills Power LLC v. Board of Equalization
Power plant’s purchase of emissions reduction credits may be considered in calculating plant’s value and earnings in determining plant’s tax liability.
Taxation May 11, 2011
Carpenter & Zuckerman v. Cohen
Law firm is not entitled to recover attorney fees where firm hires its own associate as representative in appellate proceedings.
Attorneys May 11, 2011
Alameda County Management Employees Association v. Superior Court
Court must meet and confer with representative of employee organization before changing seniority and demotion rights of its members.
Labor Law May 11, 2011
Diaz v. Bukey
Court properly denies trustee’s petition to compel arbitration absent parties’ agreement to submit to arbitration arising from dispute over trust.
Probate and Trusts May 11, 2011
Ribeiro v. County of El Dorado
Purchaser of tax-defaulted property from public entity at tax sale is limited to statutory remedies, and may not pursue traditional contract remedies.
Taxation May 11, 2011
People v. Nunez
Term of years sentence that acts as sentence of actual life in prison without possibility of parole violates constitutional standards when applied to juvenile nonhomicide offenders.
Criminal Law and Procedure May 11, 2011
Richards v. Sequoia Insurance Co.
Attorney plaintiffs who brought breach of contract action in propria persona cannot recover attorney fees for time spent in defending own case.
Attorneys May 11, 2011
Garcia v. Becker Bros. Steel Co.
Seller of used machinery does not owe duty to warn of risk of using equipment to subsequent users beyond immediate purchaser.
Torts May 11, 2011
People v. Jaska
Grand theft convictions based on series of thefts against employer are proper where they were not committed under one intention, impulse, and plan.
Criminal Law and Procedure May 10, 2011
Galindo-Romero v. Holder
Appellate court lacks jurisdiction to review cancellation of removal if neither BIA nor Immigration Judge ever issued final order of removal.
Immigration May 10, 2011
Demirchyan v. Holder
Order
May 10, 2011
Ursack Inc. v. Sierra Interagency Black Bear Group
Agency’s decision to revoke conditional approval for product's use in park is rational despite approval of competing product, which failed several times.
Administrative Agencies May 10, 2011
Freedom from Religion Foundation Inc. v. Geithner
Independent jurisdictional grounds requirement for permissive intervention does not apply in federal-question case because no new claims were raised.
Civil Procedure May 10, 2011
People v. Sherow
Consent defense to burglary is not collateral to elements of offense, and therefore must be proved by reasonable doubt standard, not preponderance of evidence.
Criminal Law and Procedure May 10, 2011