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Name Category Published
Hall v. Kalfayan
Potential beneficiary of will cannot maintain claim for legal malpractice against attorney who failed to have will executed before death of testator.
Probate and Trusts Dec. 9, 2010
Burton v. Cruise
Waiver of arbitration exists where party pursued litigation and failed to request arbitration until trial was set to begin.
Civil Procedure Dec. 9, 2010
People v. Gonzalez
Instructional error on attempted murder does not warrant reversal when there is sufficient evidence to show defendant personally deliberated and premeditated killing.
Criminal Law and Procedure Dec. 9, 2010
Dana Point Safe Harbor Collective v. Superior Court (City of Dana Point)
Court order compelling compliance with legislative subpoena is appealable because parties against whom judgment was rendered only needed to comply.
Civil Procedure Dec. 9, 2010
Haggard v. Curry
Order
Dec. 9, 2010
Klein v. U.S.A.
Order
Dec. 9, 2010
Mental Health Association in California v. Schwarzenegger
Reduction of funding for specific mental health program does not violate Mental Health Services Act requiring state to fund general mental health programs.
Government Dec. 9, 2010
Taylor v. United Parcel Service Inc.
Employee who performed non-manual managerial duties is exempt from overtime pay and related benefits.
Employment Law Dec. 9, 2010
Fursman v. Ulrich (In re First Protection Inc.)
Debtors’ membership interest in limited liability company is personal property subject to avoidance of transfer following bankruptcy petition.
Bankruptcy Dec. 8, 2010
Bills v. Clark
In determining equitable tolling, court must consider effects of prisoner’s mental impairment on ability to exercise diligence in filing federal habeas petition.
Criminal Law and Procedure Dec. 8, 2010
Moormann v. Ryan
Counsel does not render ineffective assistance in failing to raise defense negating premeditation where defense did not undercut overwhelming evidence supporting conviction.
Criminal Law and Procedure Dec. 8, 2010
Transwestern Pipeline Co. LLC v. Agua Fria Investments LLC
Right to costs and fees is not triggered when private entity abandons condemnation proceeding, even if entity is exercising federally granted condemnation power.
Real Property Dec. 8, 2010
U.S. v. Caruto
Instruction to grand jury to ignore potential punishment in deciding whether to convict does not violate Fifth Amendment.
Criminal Law and Procedure Dec. 8, 2010
People v. Shockley
Trial court has no obligation to instruct jury on battery because offense was not lesser included offense to charge of lewd and lascivious conduct.
Criminal Law and Procedure Dec. 8, 2010
People v. Labora
Sentence is invalid where obtained by defense through judicial plea bargaining, after gaining judge’s assurance of sentence in exchange for guilty plea.
Criminal Law and Procedure Dec. 8, 2010
People v. Cornett
Conviction for molestation of child '10 years of age or younger' does not include victim who has passed 10th birthday.
Criminal Law and Procedure Dec. 7, 2010
Entezampour v. North Orange County Community College District
Dean of community college shows that district erred in refusing to reassign him to faculty member position after declining to renew his employment.
Education Dec. 7, 2010
U.S. v. Lopez-Velasquez
Immigration judge does not have duty to inform petitioner of possibility of relief when petitioner was clearly ineligible under claimed statute.
Criminal Law and Procedure Dec. 7, 2010
Affiliated FM Insurance Co. v. LTK Consulting Services Inc.
Party with contractual right to operate on another's property may bring suit in tort against third party for damage to that property.
Torts Dec. 7, 2010
The National Association of Home Builders v. The San Joaquin Valley Unified Air Pollution Control District
Clean Air Act does not preempt indirect source review program adopted by local agency to regulate air pollutants from construction sites.
Environmental Law Dec. 7, 2010
Progressive Gulf Insurance Co. v. Faehnrich
Order
Dec. 7, 2010
Wild Fish Conservancy v. Salazar
U.S. Fish and Wildlife Service fails to articulate rational connection between facts and 'no jeopardy' conclusion in biological opinion regarding hatchery's effect on trout.
Environmental Law Dec. 7, 2010
U.S. v. White & Case LLP
Grand jury subpoenas for foreign documents given to attorneys in civil litigation are enforceable where documents are properly moved into jurisdiction.
Criminal Law and Procedure Dec. 7, 2010
Hoso Foods Inc. v. Columbus Club Inc.
Exclusion of essential party to arbitration proceeding is beyond arbitrator’s authority and interferes with party’s right to fair hearing.
Civil Procedure Dec. 7, 2010
Williams v. Hobbs
Order
Dec. 6, 2010
AM. Electric Power Co., et al. v. Connecticut, et al.
Order
Dec. 6, 2010
Wal-Mart Stores, Inc. v. Dukes
Order
Dec. 6, 2010
Jacobs v. Wisconsin
Order
Dec. 6, 2010
Williams v. Cline
Order
Dec. 6, 2010
Tijani v. Holder
Credit card fraud in violation of California Penal Code Section 532a(1) constitutes crime of moral turpitude, which makes alien removable.
Immigration Dec. 6, 2010