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Name Category Published
People v. Chun
Shooting at an occupied vehicle is not acceptable underlying felony to form basis for felony-murder instruction.
Criminal Law and Procedure Mar. 31, 2009
Nolan W., a Minor
Juvenile court may not use contempt sanctions as punishment where parent fails to satisfy condition of reunification plan.
Family Law Mar. 31, 2009
Tanoh v. Dow Chemical Co.
State court actions of less than 100 plaintiffs where defendant proposed joint trial not removable per Class Action Fairness Act.
Civil Procedure Mar. 31, 2009
U.S. v. Carter
District court's within-Guidelines sentence is proper where arguments and factors under 18 U.S.C. Section 3553(a) were considered.
Criminal Law and Procedure Mar. 31, 2009
McSherry v. City of Long Beach
Officer not entitled to qualified immunity where report of rape victim statement regarding bedroom creates genuine issue of material fact.
Criminal Law and Procedure Mar. 31, 2009
Cadlo v. Metalclad Insulation Corp.
Defendants are jointly and severally liable for prejudgment interest accruing on judgment amount pursuant to Section 3291.
Civil Procedure Mar. 31, 2009
Swift v. Superior Court
Judge improperly strikes peremptory challenge seeking his disqualification.
Civil Procedure Mar. 30, 2009
Long Beach Memorial Medical Center v. Superior Court (Connors)
Court errs in finding settlement made in good faith where physician's payment was less than two percent of total amount.
Torts Mar. 30, 2009
K.M., a Minor
Agency is not required to investigate into child's ancestry where family refuses to supply further information.
Native American Affairs Mar. 30, 2009
United States Fire Insurance Co. v. Sheppard, Mullin, Richter, Hampton
Protected activity incidental to conflict of interest cause of action does not warrant motion to strike under anti-SLAPP statute.
Civil Procedure Mar. 30, 2009
Mengstu v. Holder
Petition to reconsider asylum granted for alien subjected to deportation and denationalization by Ethiopian government based on her Eritrean origin.
Immigration Mar. 30, 2009
Chalk v. T-Mobile USA Inc.
Dismissal of action improper where unseverable class action waiver deemed substantively unconscionable under Oregon law.
Contracts Mar. 30, 2009
U.S. v. Ferguson
Competency to stand trial differentiated from ability to conduct trial proceedings without counsel's assistance pursuant to <EM>Indiana v. Edwards</EM>.
Criminal Law and Procedure Mar. 30, 2009
Harger v. Department of Labor
Sovereign immunity not waived under APA Section 702 where attorney sought equitable lien for attorney fees.
Employment Law Mar. 30, 2009
U.S. v. Marguet-Pillado
Out of wedlock son cannot establish derivative citizenship without blood relationship with parent who is U.S. citizen.
Immigration Mar. 30, 2009
Southern Union Co. v. Irvin
Order
Mar. 30, 2009
Center for Biological Diversity v. Marina Point Development Co.
Court lacks jurisdiction in Clean Water Act citizen suit due to defective 60-day notice and simultaneous government action.
Environmental Law Mar. 30, 2009
Lopez-Rodriguez v. Holder
Order
Mar. 30, 2009
People v. Fisher
Defendant's right to be present for mentally disordered offender hearing violated but error is harmless.
Criminal Law and Procedure Mar. 30, 2009
Hertz Corporation v. W.C.A.B. (Aguilar)
Order
Mar. 27, 2009
Hofman Ranch v. Yuba County Local Agency Formation Commission
Closed session evaluation is proper where public employee acted as executive officer by handling local agency’s day-to-day business.
Government Mar. 27, 2009
People v. Jones
Court's failure to inform defendant of consequences of prior offense admission is error but defendant waived claim.
Criminal Law and Procedure Mar. 27, 2009
Marriage of Padgett
Where plan participant died before former spouse acquired order granting interest, domestic relations order retaining jurisdiction is not Qualified Domestic Relations Order.
Probate and Trusts Mar. 27, 2009
Chiara on Habeas Corpus
Order
Mar. 27, 2009
People v. Martinez
Order
Mar. 27, 2009
Galindo v. Superior Court (L.A.P.D.)
Order
Mar. 27, 2009
Saade on Habeas Corpus
Order
Mar. 27, 2009
Nelson v. Avondale HOA
Preliminary injunction properly denied where appellant admits to running home business in violation of homeowner association rules.
Civil Rights Mar. 27, 2009
Sanchez v. Holder
'Family unit' exception does not apply to alien seeking to establish good moral character for cancellation of removal.
Immigration Mar. 27, 2009
Estrada v. Holder
Federal First Offender Act relief is unavailable when defendant violates parole condition for drug possession offense.
Immigration Mar. 27, 2009