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Name Category Published
Schutte & Koerting Inc. v. Regional Water Quality Control Board
Under Water Code, party aggrieved by regional board’s final decision need not seek or obtain hearing before regional board prior to judicial review. 		Environmental Law Jan. 17, 2008
People v. Martinez
Expert testimony and robbery by admitted 'King Kobras' member provides sufficient evidence supporting gang enhancement and conviction for street terrorism. 		Criminal Law and Procedure Jan. 17, 2008
KRL v. Estate of Russell Moore
In determining whether qualified immunity applies, different standards apply to ‘line officers’ and officers in leadership roles who rely on invalid search warrant. 		Government Jan. 17, 2008
United States v. Lowry
Occupant claiming individual aboriginal title bears burden of demonstrating such title as affirmative defense. 		Native American Affairs Jan. 17, 2008
Preserve Shorecliff Homeowners v. City of San Clemente
Referendum petition signed by non-resident circulators is valid despite violation of Election Code's unconstitutional limitation of signatures by eligibility to vote. 		Constitutional Law Jan. 17, 2008
Capo for Better Representation v. Kelley
In recall election case, petition signatures are properly disqualified where residence addresses were not personally affixed by signers. 		Government Jan. 17, 2008
Communities for a Better Environment v. South Coast Air Quality Management District (ConocoPhillips Co.)
Agency improperly uses statutory maximum allowable emissions as baseline for calculating proposed project’s environmental impact rather than refinery’s actual emissions. 		Environmental Law Jan. 17, 2008
People v. Alanis
Trial court lacks jurisdiction to recall defendant's sentence, vacate initial judgment, and enter second judgment while appeal from first judgment is pending. 		Criminal Law and Procedure Jan. 17, 2008
Bruyn v. Superior Court (Farmers Group Inc.)
Insurer can provide coverage for some, but not all, manifestations of peril, as long as policy is clear which perils are and are not covered. 		Insurance Jan. 16, 2008
CDF Firefighters v. Maldonado
Labor union seeking damages from its member must establish all elements of its contractual claim, like any other civil litigant must do. 		Civil Procedure Jan. 16, 2008
Stoneridge Investment Partners v. Scientific-Atlanta
Dismissal is proper where private right of action under Section 10(b) of Securities Exchange Act of 1934 does not apply to aiders and abettors. 		Securities Jan. 16, 2008
Stewart v. U.S.
Person not identified in IRS administrative summons issued to third party lacks standing to file petition to quash. 		Taxation Jan. 16, 2008
Bingue v. Prunchak
Because all high-speed pursuits are ‘emergencies,’ officer afforded time to deliberate whether he should join in on one is entitled to qualified immunity. 		Government Jan. 16, 2008
Weber v. Dept. of Veterans Affairs
Where Veterans Medical Center is federal agency, plaintiff wanting to sue for back pay must show specific authorization waving sovereign immunity. 		Employment Law Jan. 16, 2008
U.S. v. Castaneda
Defendant's sentence must be vacated and remanded to determine whether 'crack/powder' disparity produced 'greater than necessary' penalty. 		Criminal Law and Procedure Jan. 16, 2008
Kalouma v. Gonzales
Immigration judge errs by incorrectly placing burden on asylum applicant to establish his identity under Illegal Immigration Reform and Immigrant Responsibility Act. 		Immigration Jan. 16, 2008
Puerto v. Superior Court (Wild Oats Markets Inc.)
Court order mandating opt-in notice for party to receive witnesses’ contact information during discovery is abuse of discretion. 		Civil Procedure Jan. 16, 2008
Lambert v. Carneghi
Litigation privilege does not prevent party from suing his own expert witness for negligence, even if that suit is based upon expert's testimony. 		Torts Jan. 15, 2008
Giles v. California
Order 		Jan. 15, 2008
Davis v. Federal Election Commission
Order 		Jan. 15, 2008
Taylor v. Sturgell
Order 		Jan. 15, 2008
Engquist v. OR Dept. of Agric.
Order 		Jan. 15, 2008
Arreguin-Moreno v. Mukasey
For purposes of 8 U.S.C. Section 1101, pre-trial detention that is credited as time served for sentence imposed, counts as confinement. 		Immigration Jan. 15, 2008
Fichman v. Media Center
Directors and producers of nonprofit organization are not considered employees within meaning of Age Discrimination in Employment Act and Americans with Disabilities Act. 		Employment Law Jan. 15, 2008
Cerezo v. Mukasey
Leaving scene of accident resulting in bodily injury is not categorically crime involving moral turpitude for purposes of removal. 		Immigration Jan. 15, 2008
Matsuda v. City and County of Honolulu
Contracts Clause does not preclude Honolulu's contract to effectuate condemnation proceeding and convey property to lessees without restricting its power of eminent domain. 		Constitutional Law Jan. 15, 2008
U.S. v. Ross
Failure to issue advisement on reasonable doubt standard of proof during plea colloquy is harmless error where defendant was aware this standard applied. 		Criminal Law and Procedure Jan. 15, 2008
U.S. v. Calvert
Even if there are no pending proceedings, enhancement for obstructing administration of justice is properly applied to defendant convicted of retaliating against witness. 		Criminal Law and Procedure Jan. 15, 2008
McLeod v. Vista Unified School District
Because action challenged validity of bond issuance, 60-day statute of limitations under validation statutes apply and action is dismissed as untimely. 		Education Jan. 15, 2008
Heritage Provider Network Inc. v. Superior Court (Eastland Medical Group Inc.)
Trial court does not have discretion to deny motion to stay proceedings before it involving issues that overlap with controversy in arbitration proceedings. 		Civil Procedure Jan. 15, 2008
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