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Name Category Published
People v. Howard
Defendant’s failure to make adequate showing on trial record that stun belt affected his testimony is waived on appeal. 		Criminal Law and Procedure Feb. 17, 2011
Tien v. Tenet Healthcare Corp.
Court’s reliance on published case, which is subsequently depublished pending review, is proper. 		Civil Procedure Feb. 17, 2011
United Parcel Service v. Superior Court (Allen)
Employer must make separate payments to employees for failure to provide meal periods and for failure to provide rest periods. 		Employment Law Feb. 17, 2011
Jack C., a Minor
Court's failure to defer to Indian tribe's determination that child was ‘Indian child’ is not good cause to deny transfer to tribal court. 		Native American Affairs Feb. 16, 2011
Harrison v. Gillespie
State may include death penalty as sentencing option in retrial where previous jury reached only preliminary conclusions, not final verdict, on capital punishment inquiry. 		Criminal Law and Procedure Feb. 16, 2011
San Luis Obispo Mothers for Peace v. Nuclear Regulatory Commission
Nuclear Regulatory Commission is not required to share sensitive security information in 'closed' hearing under National Environmental Policy Act. 		Environmental Law Feb. 16, 2011
U.S. v. Valdovinos-Mendez
Admission of defendant’s certificate of nonexistence of record and Alien Registration File into evidence did not violate his confrontation right under Sixth Amendment. 		Criminal Law and Procedure Feb. 16, 2011
Fairbank v. Ayers
Defendant’s right to counsel is not violated when jail inmate who received incriminating notes from defendant was not acting under government’s guise. 		Criminal Law and Procedure Feb. 16, 2011
International Church of the Foursquare Gospel v. City of San Leandro (Faith Fellowship Foursquare Church)
Triable issue of material fact exists as to whether city imposed substantial burden on church's religious assembly by denying rezoning application. 		Constitutional Law Feb. 16, 2011
Johnson v. Wells Fargo Home Mortgage Inc.
Appellate court does not have jurisdiction over appeal taken directly from private arbitrator. 		Civil Procedure Feb. 16, 2011
People v. Bui
Court errs in imposing consecutive sentences for offenses that arose from same occasion and same set of operative facts. 		Criminal Law and Procedure Feb. 16, 2011
Cesar V., a Minor
Offense of making challenge to fight in public place is not specific intent offense. 		Juveniles Feb. 16, 2011
Moore v. Premo
Order 		Feb. 16, 2011
No Doubt v. Activision Publishing Inc.
Use of rock band’s exact likeness in videogame is not ‘transformative’ use subject to First Amendment protection. 		Constitutional Law Feb. 16, 2011
In re Price
Prosecutor does not improperly tamper with juror by telling juror’s co-worker to give money to juror to vote guilty, in a joking manner. 		Criminal Law and Procedure Feb. 15, 2011
White v. Kane
Order 		Feb. 15, 2011
Christopher v. SmithKline Beecham Corp.
Sales representatives, who promote prescription drugs to physicians on behalf of pharmaceutical company, are properly classified as ‘outside salesmen’ and exempt from overtime pay. 		Employment Law Feb. 15, 2011
Lopez-Birrueta v. Holder
Parent of formerly abused children qualifies for cancellation of removal after demonstrating that children's father beat children while they lived together. 		Immigration Feb. 15, 2011
Wilson v. San Luis Obispo County Democratic Central Committee
Political committee is entitled to attorney fees incurred in defending against claims concerning composition of committee's membership. 		Civil Procedure Feb. 15, 2011
People v. Indiana Lumbermens Mutual Insurance Co.
Erroneous release of defendant and surety’s liability for posting bond do not entitle surety to forfeiture of bond. 		Criminal Law and Procedure Feb. 15, 2011
People v. Zarate
Court errs in calculating defendant’s presentence conduct credit pursuant to former version of Penal Code Section 4019. 		Criminal Law and Procedure Feb. 15, 2011
Babalola v. Superior Court (People)
Court errs in issuing criminal protective order under Penal Code Section 136.2 where there is no evidence defendant attempted to intimidate alleged victims. 		Criminal Law and Procedure Feb. 15, 2011
Starr v. Baca
Sheriff may be liable for constitutional violations of subordinates because failure to act in stopping conduct shows deliberate indifference. 		Prisoners Rights Feb. 14, 2011
State of California ex rel. Brown v. Safeway Inc.
Order 		Feb. 14, 2011
Samson v. Nama Holdings, LLC
Order 		Feb. 14, 2011
Szajer v. City of Los Angeles
Court may dismiss civil claim challenging validity of warrant, which was same basis for defendants’ criminal conviction for illegal possession of firearms. 		Civil Procedure Feb. 14, 2011
Fabbrini v. City of Dunsmuir
Court may not award attorney fees to prevailing defendant on malicious prosecution claim unless claim was found to be frivolous. 		Civil Procedure Feb. 14, 2011
University of Washington Medical Center v. Sebelius
Individuals ineligible for traditional Medicaid are not ‘eligible for medical assistance’ under state’s Medicaid plan for purpose of calculating reimbursement adjustments. 		Government Feb. 14, 2011
Tarrant Bell Property LLC v. Superior Court (Abaya)
Court has discretion to deny motion to appoint referee despite parties’ pre-dispute agreement providing that referee may decide certain contested issues. 		Civil Procedure Feb. 11, 2011
Pineda v. Williams-Sonoma Stores Inc.
ZIP codes requested by businesses in credit card transactions are ‘personal identification information’ under Song-Beverly Credit Card Act of 1971. 		Business Law Feb. 11, 2011
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