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Name Category Published
Ledezma-Galicia v. Holder
Alien convicted of sexually abusing 10-year-old girl before Nov. 18, 1988 is not removable as alien convicted of aggravated felony. 		Immigration Dec. 22, 2010
People v. Rosas
Court has jurisdiction to reduce fines on remand as part of resentencing, despite defendant’s failure to challenge fines in first appeal. 		Criminal Law and Procedure Dec. 22, 2010
City of Santa Rosa v. Patel
Lodestar method of calculating attorney fees is applicable in red light abatement case because it provides more predictability than using cost-plus method. 		Attorneys Dec. 22, 2010
People v. Russell (Timothy R.)
Order 		Dec. 22, 2010
In re Ethan C.
Order 		Dec. 22, 2010
People v. Davis
Order 		Dec. 22, 2010
McCormack v. S.C. (People)
Order 		Dec. 22, 2010
People v. Bowers
Order 		Dec. 22, 2010
Guggenheim v. City of Goleta
Rent control ordinance adopted by City does not constitute taking where landowners bought property subject to same previous restriction on unincorporated land. 		Constitutional Law Dec. 22, 2010
Tamas v. Dept. of Social Health and Services
Court must apply standard for defeating qualified immunity requiring awareness of facts from which inference of substantial risk of harm to victims can be drawn. 		Torts Dec. 22, 2010
Resilient Floor Covering Pension Fund v. M&M Installation Inc.
Non-union company may be responsible for withdrawal liability if there is commonalty with union firm and non-union company was used to avoid payments. 		Labor Law Dec. 22, 2010
U.S. v. Alvarez-Perez
Later filing of indictment on same charge does not trigger new 70-day period for commencing defendant's trial under Speedy Trial Act. 		Criminal Law and Procedure Dec. 22, 2010
Talley v. Valuation Counselors Group Inc.
State claim is not automatically preserved upon resolution of federal claim where plaintiff fails to pursue litigation in state court while appealing federal orders. 		Civil Procedure Dec. 22, 2010
City of Arcadia v. State Water Resources Control Board
Court fails to give collateral estoppel effect to decisions involving issues concerning application of Water Code and trash total maximum daily load for drains. 		Civil Procedure Dec. 22, 2010
Sean A., a Minor
Administrative search of student pursuant to school’s written policy is not unconstitutional under Fourth Amendment. 		Juveniles Dec. 22, 2010
People v. Smith
Only one of defendant's rape convictions can stand where two convictions were based on same act of sexual intercourse with victim. 		Criminal Law and Procedure Dec. 22, 2010
Home Depot U.S.A. Inc. v. Superior Court (Harris)
Employer’s failure to provide seats where work conditions allow for accommodation violates Labor Code and entitles plaintiff to civil penalties. 		Employment Law Dec. 22, 2010
People v. Nesbitt
Court has power to reconsider rulings where court was not divested of jurisdiction at time of rehearing and no final judgment was rendered. 		Criminal Law and Procedure Dec. 22, 2010
V.M., a Minor
Court errs in asserting jurisdiction over minor even after dependency hearing struck out all allegations of father’s alleged abuse. 		Juveniles Dec. 22, 2010
People v. Hollinquest
Preliminary hearing testimony of witness, later deemed ‘unavailable,’ is admissible because defendant had opportunity and did cross-examine witness during preliminary hearing. 		Criminal Law and Procedure Dec. 21, 2010
Opinion of Brown
All property taxpayers in merged school district are liable for paying their share of former districts' cumulative outstanding bonded indebtedness. 		Taxation Dec. 21, 2010
Pulido v. Chrones
Defendant is not prejudiced by faulty jury instruction regarding felony-murder rule where jury found him to be major participant under robbery-murder special circumstance. 		Criminal Law and Procedure Dec. 21, 2010
Wilderness Watch Inc. v. U.S. Fish and Wildlife Service
Water structure violates Wilderness Act because it was not 'necessary' to conserve sheep population in light of other strategies available. 		Environmental Law Dec. 21, 2010
Towery v. Schriro
Harmless prosecutorial misconduct on inconsistent use of witness testimony does not warrant reversal of defendant’s conviction since error was objectively reasonable. 		Criminal Law and Procedure Dec. 21, 2010
Azusa Land Partners v. Dept. of Industrial Relations
Construction of public facilities paid with bonds pursuant to contract between city and developer constitutes ‘public work’ subject to prevailing wage laws. 		Employment Law Dec. 21, 2010
Turman v. Turning Point of Central California
Employer must take corrective action to alleviate hostile work environment even if harassment by prisoners was inherently part of victim’s job. 		Employment Law Dec. 21, 2010
Blix Street Records Inc. v. Cassidy
Party is judicially estopped from denying contract’s enforceability where party previously asserted to court that agreement was enforceable, leading to trial dismissal. 		Civil Procedure Dec. 21, 2010
People v. Russell
No fixed period of ‘watching and waiting’ is necessary to establish substantial time in order to support conviction of murder by lying-in-wait. 		Criminal Law and Procedure Dec. 21, 2010
Fleming v. Superior Court (People)
School district superintendent does not unlawfully appropriate public money by having subordinates compile lists of individuals who supported recall of school board. 		Criminal Law and Procedure Dec. 21, 2010
Dover Village Association v. Jennison
Condominium owner is not liable for repairs to leaky pipe found beneath unit because pipe did not fall within ‘exclusive use common area’ provision. 		Contracts Dec. 21, 2010
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