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Name Category Published
United States v. Harris
California law makes irrevocable, discretionary trusts 'property' subject to liens issued to collect unpaid federal conviction restitution orders.
Probate and Trusts Apr. 21, 2017
Salazar v. Intermodal Bridge Transport
Is the plaintiff in a representative action under the Labor Code Private Attorneys General Act of 2004 (Lab. Code, Section 2698 et seq.) entitled to discovery of the names and contact information of other "aggrieved employees" at the beginning of the proceeding or is the plaintiff first required to show good cause in order to have access to such information?
Apr. 21, 2017
Hernandez v. S.C. (People)
Opinion
Apr. 21, 2017
In re Edward B.
Where no evidence shows ward's relationship to gang activity or gangs, probation condition forbidding his association with known gang members is improper.
Criminal Law and Procedure Apr. 21, 2017
Blixseth v. Yellowstone Mountain Club LLC
Order
Apr. 20, 2017
McDermott Will & Emery LLP v. Superior Court (Hausman)
Disqualification of law firm appropriate following firm's violation of ethical obligations regarding use of inadvertently disclosed privileged email.
Attorneys Apr. 20, 2017
Sumrall v. Modern Alloys, Inc.
Where employer requires employees to first arrive at stockyard to fetch materials before beginning paid workday at jobsite, commute to stockyard may be deemed 'special errand' exception to 'going and coming' rule.
Torts Apr. 20, 2017
Quigley v. Garden Valley Fire Protection District
Nonsuit properly granted in favor of local firefighting agencies and their employees based on statutory immunity.
Immunity Apr. 20, 2017
Manrique v. United States
Failure to file second notice of appeal after entry of amended judgment constitutes forfeiture of claim under Federal Rule of Appellate Procedure 4.
Criminal Law and Procedure Apr. 20, 2017
Nelson v. Colorado
Colorado statute establishing procedure for obtaining restitution for wrongful conviction violates due process, as requirement to show 'actual innocence' is creates risk of erroneous deprivation of interest.
Constitutional Law Apr. 20, 2017
People v. Armijo
Where defendant makes clear in letter to court that he wishes to replace an ineffective court-appointed attorney, court's decision not to hold hearing addressing request was in error.
Criminal Law and Procedure Apr. 20, 2017
Featherstone v. Southern California Permanente Medical Group
Company's failure to rescind resignation is not adverse employment action under Fair Employment and Housing Act, as employer no longer has employment relationship with former employee.
Employment Law Apr. 20, 2017
Jackson v. Mayweather
Boxing champion succeeds in striking former girlfriend's claims for defamation, false light portrayal, and intentional infliction of emotional distress.
Anti-SLAPP Apr. 20, 2017
People v. Bryant
Electronics search condition stricken from offender's term of mandatory supervision where it has no relation to crime of conviction, possessing concealed weapon in vehicle.
Criminal Law and Procedure Apr. 19, 2017
Coventry Health Care of Missouri Inc. v. Nevils
State law barring subrogation and reimbursement preempted by Federal Employees Health Benefits Act's preemption provision.
Health Care Apr. 19, 2017
Goodyear Tire v. Haeger
Award of attorney's fees is abuse of discretion as district court failed to make 'causal connection' between party's failure to comply with discovery requests and legal costs.
Attorneys Apr. 19, 2017
People v. Antonio
Sentencing judge is not required to order Department of Corrections and Rehabilitation to make prisoner available to foreign jurisdiction to serve concurrent sentence.
Criminal Law and Procedure Apr. 19, 2017
In re J.S.
Juvenile court erred by prohibiting mother from testifying about son's siblings at parental rights termination hearing, as statutory sibling relationship exception could have applied to proceedings.
Family Law Apr. 19, 2017
Minto v. Sessions
Petition for review denied, where petitioner properly deemed inadmissible immigrant lacking valid entry document at time of application for admission.
Immigration Apr. 18, 2017
In re Marriage of Djulus
Commissioner's failure to obtain party's consent to act as temporary judge in case renders judgment of marital dissolution void.
Constitutional Law Apr. 18, 2017
People v. Becerrada
Lying-in-wait circumstance in error, as evidence does not support theory that defendant knew victim would not drop rape charges against him before calling her to his house where he attacked her.
Criminal Law and Procedure Apr. 18, 2017
In re Marriage of Huntley
Trial court errs in denying wife's motion to adjudicate omitted community property, where court retains continuing jurisdiction even after entry of default judgment dissolving marriage.
Family Law Apr. 18, 2017
In re Trejo
Youth offender's incarceration may not be extended beyond time he is found suitable for parole under Penal Code Section 3051 based on his commission of in-prison offense.
Criminal Law and Procedure Apr. 17, 2017
Urban Wildlands Group v. City of L.A.
Civil procedure statute allowing courts to vacate rulings as a result of attorney error applies strictly to default judgments and dismissals.
Civil Procedure Apr. 17, 2017
People v. Lua
Court's remarks during sentencing suggesting it may not have properly understood scope of its sentencing discretion results in remand for resentencing.
Criminal Law and Procedure Apr. 17, 2017
Wortman v. All Nippon Airways
Filed rate doctrine does not bar collusion suit over foreign airlines' unfiled rates.
Civil Procedure Apr. 17, 2017
United States v. Davis
Sex crime charge presented to grand jury requiring knowledge of victim's age later presented to trial jury as requiring mere opportunity to observe victim's age is reversible constructive amendment.
Criminal Law and Procedure Apr. 17, 2017
Dunson v. Cordis Corp.
Defendant unsuccessful in invoking CAFA's mass action provision to remove actions to federal court, where plaintiffs' consolidation motion does not propose joint trial of their claims.
Civil Procedure Apr. 17, 2017
People v. Paz
Penetration past the buttocks and into the perianal area is threshold for sexual penetration requirement of forcible sodomy, as statutory definition of object penetration applies to sodomy.
Criminal Law and Procedure Apr. 17, 2017
Edmond v. U.S.
Order
Apr. 17, 2017