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Name Category Published
Clary v. City of Crescent City
City lawfully placed lien on property for costs of nuisance abatement despite property owner's relentless assertion that overgrown bushes and rubbish were not a nuisance.
Real Property May 3, 2017
Cross v. Superior Court (Kidane)
Business and Professions Section 2225 abrogates psychotherapist-patient privilege for purposes of medical board's investigation of a psychiatrist, permitting disclosure of patient records.
Consumer Law May 3, 2017
United States v. Rodriguez-Soriano
Defendant who pleaded guilty to felony charge is ineligible for resentencing after Sentencing Guidelines are amended, as district court did not base reduced term of imprisonment on guidelines.
Criminal Law and Procedure May 3, 2017
People v. Lee
Businessman escapes multiple identity theft convictions because he neither used victims' personal identifying information for any unlawful purpose nor used such information without consent.
Criminal Law and Procedure May 3, 2017
Julian v. Mission Community Hospital
Plaintiff subjected to involuntary 72-hour mental health hold unsuccessful in challenging judgment in defendants' favor.
Civil Rights May 3, 2017
In re A.N.
Student deemed habitual truant does not need to meet with School Attendance Review Board before being subject to juvenile court, as meeting with board is merely statutorily provided 'option.'
Juveniles May 3, 2017
Oswaldo R., a Minor
Gang-related condition passes constitutional muster where it provided reasonable degree of certainty, despite juvenile probationer's argument that it must provide 'absolute clarity.'
Juveniles May 3, 2017
Bolivarian Republic of Venezuela v. Helmerich & Payne Int’l Drilling Co.
Nonfrivolous-argument standard inconsistent with Foreign Sovereign Immunities Act, resulting in vacated judgment that permitted expropriation suit against Venezuelan government.
Immunity May 2, 2017
Bank of America Corp. v. City of Miami
Foreseeability is insufficient to establish proximate cause under the Fair Housing Act; 'direct relation' between injury asserted and injurious conduct alleged is required.
Real Property May 2, 2017
Kashikar v. Turnstile Capital Management LLC (In re Kashikar)
Former med student partially prevails in adversary proceeding seeking determination that funds received for med school had been discharged in chapter 7 bankruptcy filing.
Bankruptcy May 2, 2017
Carr v. Superior Court (Dept. of Developmental Services)
Doctor's issuance of competency certification is proper and not an attempt to circumvent state's obligation to place defendant in state hospital where he was never incompetent to begin with.
Criminal Law and Procedure May 2, 2017
Carroll v. Alabama
Order
May 2, 2017
Patchak v. Zinke
Does a statute directing the federal courts to "promptly dismiss" a pending lawsuit following substantive determinations by the courts (including this Court's determination that the "suit may proceed")-without amending underlying substantive or procedural laws-violate the Constitution's separation of powers principles?
May 2, 2017
Merit Management Group v. FTI Consulting
Whether the safe harbor of 11 U.S.C. Section 546(e) prohibits avoidance of a transfer made by or to a financial institution, without regard to whether the institution has a beneficial interest in the property transferred, consistent with decisions from the Second, Third, Sixth, Eighth, and Tenth Circuits, but contrary to decisions from the Eleventh Circuit and now the Seventh Circuit.
May 2, 2017
U.S. v. Velazquez
District court abuses its discretion in denying defendant's motion to substitute counsel where its inquiry into defendant's allegations regarding attorney's representation was inadequate.
Criminal Law and Procedure May 2, 2017
Ayala v. Sessions
Extortion on the basis of a protected characteristic, e.g. membership in a family, can constitute persecution for asylum-seeking purposes.
Immigration May 2, 2017
People v. Brown
Because prosecution's elected factual theory was not supported by substantial evidence, forcible rape and rape in concert convictions must be reversed.
Criminal Law and Procedure May 2, 2017
Cuevas v. Contra Costa County
In medical malpractice action, refusal to allow evidence of plaintiff's future health benefits results in new trial on amount of his future medical damages.
Torts May 1, 2017
People v. Guzman
Evidence obtained in alleged violation of eavesdropping statute's exclusionary rule is properly admitted under Proposition 8's Right to Truth-in-Evidence provision of the state Constitution.
Criminal Law and Procedure May 1, 2017
Fox Factory Inc. v. Superior Court (Isherwood)
'Seriously inconvenient forum' standard is inappropriate in forum non conveniens consideration in tort action involving Canadian plaintiff and California defendant.
Civil Procedure May 1, 2017
Ochoa v. Anaheim City School District
School District must proceed with soliciting and selecting charter school proposals after erroneously rejecting parents' trigger petition seeking change in governance of poorly-performing elementary school.
Education May 1, 2017
R.S., a Minor
Juvenile forfeits alleged constitutional challenges to probation conditions related to 'routinely imposed' search condition and travel restrictions.
Juveniles May 1, 2017
I.V., a Minor
Juvenile ward fails to overturn probation condition requiring him to enroll in structured youth program where court considered his educational needs in imposing condition.
Juveniles May 1, 2017
Wildwest Institute v. Kurth
U.S. Fish and Wildlife Service's 'warranted but precluded' finding over the whitebark pine, a species in danger of extinction, satisfies Endangered Species Act.
Environmental Law May 1, 2017
Prather v. Sprint Communications Inc.
Purported whistleblower cannot share in government's settlement of False Claims Act action against telecommunications companies because he has no right to intervene in action.
Civil Procedure May 1, 2017
People v. Tucker
Is defendant eligible for resentencing on the penalty enhancement for serving a prior prison term on a felony conviction after the superior court had reclassified the underlying felony as a misdemeanor under the provisions of Proposition 47?
Apr. 28, 2017
People v. Bastidas
Does the Safe Neighborhood and Schools Act [Proposition 47] (Gen. Elec. (Nov. 4, 2014)), which made specified crimes misdemeanors rather than felonies, apply retroactively to a defendant who was sentenced before the Act's effective date but whose judgment was not final until after that date? What is the significance, if any, of the decision in People v. Conley (2016) 63 Cal.4th 646 on the issues in this case?
Apr. 28, 2017
People v. Greenlee
Is defendant eligible for resentencing on the penalty enhancement for serving a prior prison term on a felony conviction after the superior court had reclassified the underlying felony as a misdemeanor under the provisions of Proposition 47?
Apr. 28, 2017
People v. Moreno
Does Proposition 47 ("the Safe Neighborhoods and Schools Act") apply to the offense of unlawful taking or driving a vehicle (Veh. Code, Section 10851), because it is a lesser included offense of Penal Code section 487, subdivision (d), and that offense is eligible for resentencing to a misdemeanor under Penal Code sections 490.2 and 1170.18?
Apr. 28, 2017
Save Our Heritage Organisation v. City of San Diego (Plaza de Panama Committee)
City project proponent cannot win attorney fees despite prevailing on appeal, as opposing party did not seek to 'adversely affect public interest' in challenging revitalization of San Diego's Balboa Park.
Attorneys Apr. 28, 2017