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Name Category Published
U.S. v. Verduzco-Rangel
Order of removal not fundamentally unfair because underlying conviction for drug trafficking was properly deemed aggravated felony.
Immigration 9th Mar. 12, 2018
GMRI, Inc. v. California Department of Tax and Fee Administration
Restaurant chains that had manager add large party gratuities to the bill without first conferring with the customer amounted to mandatory payments, subject to state taxation.
Tax 3DCA Mar. 12, 2018
People v. Mathews
Probationer subject to search condition may not challenge officer's search, though officer was unaware of search condition, where officer would have known of condition but for probationer's dishonesty.
Criminal Law and Procedure 1DCA/1 Mar. 12, 2018
People v. Liu
Felon may not avail herself of Prop 47's under-$950 theft crime reductions where defendant stolen credit card information and made fraudulent purchases totaling more than $950.
Criminal Law and Procedure 2DCA/8 Mar. 12, 2018
Munro v. Deptartment of Motor Vehicles
Arresting officer must at least ‘attempt’ to provide disruptive, drunk arrestee with requisite warning that driver’s license will be suspended if driver refuses chemical testing.
statutory_interpretation 6DCA Mar. 9, 2018
In re Zappos.com
Customers whose personal data was hacked have standing to sue online retailer for creating a risk of impending harm.
Constitutional Law 9th Mar. 9, 2018
Webb v. SolarCity
Dismissal for failure to adequately plead scienter affirmed where opposing inference drawn from alleged facts is more compelling than inference of scienter.
Securities 9th Mar. 9, 2018
Dai v. Sessions
An asylum-seeker's testimony before an Immigration Judge must be treated as credible in the absence of an explicit adverse credibility finding
Immigration 9th Mar. 9, 2018
Chaney v. Netterstrom
Four-year marriage not invalid because the officiant failed to file the marriage license and couple pretended to be single for financial benefits.
Family Law 2DCA/6 Mar. 9, 2018
Klean W. Hollywood, LLC v. Superior Court
Treatment facility which undertook reasonable measures to prevent drug use not liable for injuries to voluntary resident who surreptitiously obtained and consumed heroin
Torts 2DCA/4 Mar. 9, 2018
Doyle v. Fireman's Fund Insurance Co.
Where rare wine collector was defrauded out of $18 million worth of wines, insurance claim denial not improper where policy coverage was for property damage, not financial loss.
Contracts 4DCA/3 Mar. 8, 2018
U.S. v. United States District Court for the District of Oregon
Petition for writ of mandamus denied where defendants fail to meet ‘Bauman v. U.S. Dist. Ct.’ factors.
Civil Procedure 9th Mar. 8, 2018
Patterson v. City of Yuba City
Order
9th Mar. 8, 2018
PSM Holding Corp. v. National Farm Financial Corp.
A judgment creditor cannot recover in restitution for losses suffered while in possession of a company it seized from a judgment debtor pursuant to an erroneous judgment.
Remedies 9th Mar. 8, 2018
Amended Opinion: TDY Holdings LLC v. United States
CERCLA requires government to bear some responsibility in cleanup of aeronautical manufacturing plant in San Diego with respect to two hazardous chemicals used.
Environmental Law 9th Mar. 8, 2018
Selvidge v. Tang
Notice of intent to file a medical malpractice action is adequately provided to a physician under MICRA if mailed to address of physician on file with the medical board
Civil Procedure 3DCA Mar. 7, 2018
County of San Diego v. Workers' Compensation Appeals Board
Temporary disability benefits may not be awarded for time periods that extend beyond five years from the date of a worker's injury.
Workers' Compensation 4DCA/1 Mar. 7, 2018
Keates v. Koile
Dismissal of claim for violations of constitutional rights to familial association based on qualified immunity of government official reversed where official violates clearly established constitutional right.
Civil Rights 9th Mar. 7, 2018
Sierra Medical Services Alliance v. Kent
Regulation requiring voluntary private ambulance company to provide emergency services in exchange for pre-determined reimbursement does not amount to regulatory taking.
Constitutional Law 9th Mar. 7, 2018
In re White
Petition for writ ordering court to vacate order denying bail denied where clear, convincing evidence shows substantial likelihood that release of defendant would cause others great bodily harm.
Criminal Law and Procedure 4DCA/1 Mar. 7, 2018
Northern California Water Association v. State Water Resources Control Board
A regulatory fee is not an unconstitutional tax if it does not exceed the reasonable cost of providing the services for which the fee is charged
Water Rights 3DCA Mar. 6, 2018
DD Hair Lounge v. State Farm General Insurance Co.
2016 amendment to Corporations Code Section 17707.06 allowing LLCs to retain power over actions relating to discharge obligations upon certificate of cancellation applies retroactively to 2014 certificate.
statutory_interpretation 2DCA/8 Mar. 6, 2018
California DUI Lawyers Association v. California Department of Motor Vehicles
CDLA has taxpayer standing to challenge the DMV's system of administrative hearings as to DUI arrestee license suspensions, in which DMV officers act as both advocates and triers of fact.
Constitutional Law 2DCA/4 Mar. 6, 2018
In re Marriage of Cassinelli
Under 'Howell' a state court cannot order a veteran to indemnify a divorced spouse for loss caused by the veteran's waiver of retirement benefits
Family Law 4DCA/2 Mar. 6, 2018
Texas v. New Mexico
United States may pursue compact claims against state where SCOTUS permits such action to allow U.S. to defend ‘distinctively federal interests.’
Government USSC Mar. 6, 2018
U.S. Bank N.A. v. Village at Lakeridge, LLC
'Clear error' standard rightly applied by appellate court where mixed question of law and fact requires lower court to 'immerse' itself in case-specific factual issues.
Bankruptcy USSC Mar. 6, 2018
Shanahan v. Lora
Order
USSC Mar. 6, 2018
Knick v. Scott, PA
Order
USSC Mar. 6, 2018
Gundy v. U.S.
Order
USSC Mar. 6, 2018
Heller Ehrman LLP v. Davis Wright Tremaine LLP
Dissolved law firm maintains no property interest in legal matters handled on hourly basis at time of firm's dissolution.
Attorneys CASC Mar. 6, 2018