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Name Category Published
Stover v. Bruntz
Awarding father retroactive child care credits for time period before father filed motion to modify support violates statutory scheme and is in excess of court's jurisdiction.
Family Law Jun. 1, 2017
Olomi v. Tukhi (In re Tukhi)
One-time act of noncompliance with local rule due to counsel's misreading of statute does not warrant dismissal of entire action.
Bankruptcy Jun. 1, 2017
POET LLC v. State Air Resources Board
On rehearing, appellate court echoes prior holding finding Air Resources Board's purported compliance with operative writ deficient and emphasizes appropriate remedy following erroneously discharged writ.
Environmental Law Jun. 1, 2017
People v. Nguyen
Criminal defendant had 'present ability' to strike officers with samurai sword although he stood 10 to 15 feet away from them, supporting his conviction.
Criminal Law and Procedure Jun. 1, 2017
City of Morgan Hill v. Bushey (River Park Hospitality)
Electorate successful in challenging city's exclusion of referendum from ballot, where referendum properly challenges ordinance seeking to change zoning to comply with city's general plan.
Elections Jun. 1, 2017
U.S. v. Sanchez-Gomez
District court's policy of routinely shackling all pretrial detainees in the courtroom is unconstitutional.
Criminal Law and Procedure Jun. 1, 2017
Ogunsalu v. Superior Court (California Commission on Teacher Credentialing)
Vexatious litigant prefiling requirements apply to self-represented litigant, previously declared a vexatious litigant, who was 'appealing' adverse administrative proceeding ruling via writ petition.
Civil Procedure Jun. 1, 2017
California Taxpayers Action Network v. Taber Construction Inc.
Plaintiff in reverse validation action challenging lease-leaseback agreement between school district and construction company wins partial reversal, where it sufficiently states claim for conflict of interest.
Government Jun. 1, 2017
Marriage of Grissom
Domestic violence restraining order properly denied where applicant was initial aggressor and alleged abuser was merely defending himself from her aggressive actions.
Family Law Jun. 1, 2017
Ortiz v. Sessions
Order
Jun. 1, 2017
CRST Inc. v. Superior Court (Lennig)
Employer's admission of vicarious liability does not shield it from punitive damages; employer nonetheless not subject to punitive damages due to lack of triable issues of fact.
Remedies May 31, 2017
Chango Coffee, Inc. v. Applied Underwriters, Inc.
Orders under Code of Civil Procedure Section 1008(b) are not appealable.
Civil Procedure May 31, 2017
California Fair Plan Assoc. v. Garnes
In insurance coverage dispute, policy holder entitled to receive amount to repair home damaged in fire less depreciation, even though amount exceeds home's fair market value.
Insurance May 31, 2017
Impression Products Inc. v. Lexmark International Inc.
Manufacturer gives up patent rights to toner cartridges when it decided to sell its product, regardless of any purported restrictions or location of sale.
Intellectual Property May 31, 2017
Esquivel-Quintana v. Sessions
Defendant's conviction under California law for statutory rape does not qualify as aggravated felony under Immigration and Nationality Act so as to subject him to removal.
Immigration May 31, 2017
BNSF Railway Co. v. Tyrrell
Miles of track and employees does not make BNSF Railway 'at home' in Montana, for general jurisdiction purposes; FELA's 'doing business' statute does not provide jurisdiction but rather refers to venue
Civil Procedure May 31, 2017
County of Los Angeles, California v. Mendez
Ninth Circuit's 'provocation rule' in determining whether force used in making seizure complies with Fourth Amendment incompatible with U.S. Supreme Court excessive force jurisprudence.
Criminal Law and Procedure May 31, 2017
Dickson v. Rucho
Order
May 31, 2017
Jaffe v. Roberts
Order
May 31, 2017
Arunga v. Obama
Order
May 31, 2017
Husted v. Randolph Institute
Does 52 U.S.C. § 20507 permit Ohio's list- maintenance process, which uses a registered voter's voter inactivity as a reason to send a confirmation notice to that voter under the NVRA and RAVA?
May 31, 2017
In re Keller
Creditor's postpetition credit reporting of debtors' overdue or delinquent payments is not per se violation of collections statute or violation of order confirming bankruptcy plan.
Bankruptcy May 31, 2017
Natural Resources Defense Council v. U.S. Environmental Protection Agency
EPA's grant of conditional registration for pesticide that uses nanosilver as active ingredient vacated because it fails to satisfy FIFRA's public-interest requirement.
Environmental Law May 31, 2017
U.S. v. Kovall
Neither the Mandatory Victims Restitution Act nor Due Process confer on non-party victims the right to appeal restitution order.
Criminal Law and Procedure May 31, 2017
M.C. v. Antelope Valley Union High School District
School district's procedural violations of the IDEA result in reversal and remand in blind student's favor.
Education May 31, 2017
Ledezma-Cosino v. Sessions
Changing course, Ninth Circuit denies petition for review of decision denying application for cancellation of removal, upholding "habitual drunkard" provision as ground for removal.
Immigration May 31, 2017
City and County of San Francisco v. Regents of the University of California
San Francisco may not compel state universities to collect city parking taxes from parking lot users and remit them to San Francisco.
Municipal Law May 30, 2017
People ex rel. Harris v. Aguayo
Real estate scammers unsuccessful in challenging adverse judgment in civil enforcement action for violation of unfair competition laws.
Real Property May 30, 2017
People v. Patterson
Receipt of statutory advisement regarding possible adverse immigration consequences of criminal conviction does not categorically bar defendant from seeking to withdraw plea.
Criminal Law and Procedure May 30, 2017
Association of Irritated Residents v. Dept. of Conservation (Aera Energy LLC)
Environmental groups challenging approval of new oil wells victorious in reversing judgment, where trial court errs in sustaining demurrer on grounds of res judicata.
Environmental Law May 30, 2017