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In re Anthony Q.
Juvenile court's error in citing incorrect statutory provision to order child removed from father's physical custody is harmless given broad grant of authority under other provisions.
Juveniles Nov. 9, 2016
Perez v. City of Westminster
Removal from SWAT and Honor Guard assignments not 'punitive action' under Public Safety Officers Procedural Bill of Rights.
Employment Law Nov. 9, 2016
Ozenne v. Chase Manhattan Bank (In re Ozenne)
Bankruptcy Appellate Panel lacks jurisdiction to consider debtor's petition because writ of mandamus cannot substitute for a timely appeal.
Bankruptcy Nov. 9, 2016
East Sacramento Partnership for a Livable City v. City of Sacramento (Encore McKinley Village LLC)
City of Sacramento's certification and approval of residential project overturned where environmental impact report was deficient on issue of traffic impacts.
Environmental Law Nov. 8, 2016
In re Guiomar
Trial court has jurisdiction to alter sentences for convictions not altered by Proposition 47 in determining length of aggregate sentence.
Criminal Law and Procedure Nov. 8, 2016
People v. Martinez
Felony 'receipt for goods' forgery does not qualify for redesignation as misdemeanor under Proposition 47.
Criminal Law and Procedure Nov. 8, 2016
San Diegans for Open Government v. City of Oceanside
City council agenda note for consideration of proposed hotel project meets requirements of Brown Act by referencing development of city property and subsidy possibilities.
Government Nov. 8, 2016
U.S. v. Lucas
Defendant has no right to discovery of information he contends will support his motion to dismiss indictment absent showing of materiality.
Criminal Law and Procedure Nov. 8, 2016
Coventry Health Care of Missouri v. Jodie Nevils
(1) Whether FEHBA preempts state laws that prevent carriers from seeking subrogation or reimbursement pursuant to their FEHBA contracts; (2) Whether FEHBA's express-preemption provision, 5 U.S.C. section 8902(m)(l), violates the Supremacy Clause.
Nov. 7, 2016
Maas v. Superior Court (People)
Habeas petitioner may peremptory challenge judge assigned to assess his habeas petition under Code of Civil Procedure Section 170.6 even before an OSC has been issued.
Criminal Law and Procedure Nov. 7, 2016
U.S. v. Benally
Defendant's conviction for using a firearm in connection with a 'crime of violence' overturned in light of 'Leocal' and 'Fernandez-Ruiz.'
Criminal Law and Procedure Nov. 7, 2016
People v. Mary H.
Defendant subjected to psychiatric hold under Welfare and Institutions Code section 5150 unsuccessful in overturning five-year firearms ban.
Constitutional Law Nov. 7, 2016
Tun v. Wells Fargo Dealer Services
Offer of tender and deposit with court by defendant not admission of guilt or liability under Civil Code Section 2983.4.
Civil Procedure Nov. 7, 2016
Estate of Dayan
In dispute over mother's real property, probate court does not err in denying son's petition seeking conveyance of property and in finding his brother owns one-third interest.
Probate and Trusts Nov. 6, 2016
Nickerson v. Stonebridge Life Insurance Co.
On remand, court upholds remittitur of $19 million punitive damages award to $475,000, including 'Brandt' fees that were not previously considered in fixing ratio.
Insurance Nov. 6, 2016
ZF Micro Devices v. TAT Capital Partners
Statute of limitations tolling applies to both compulsory and permissive cross-complaints under pre-1971 case law.
Civil Procedure Nov. 6, 2016
People v. Hannon
Victim of embezzlement has right to submit victim impact statement on appeal but may not raise new legal issues or facts.
Constitutional Law Nov. 6, 2016
Millview Co. Water Dist. v. State Water Resources Control Board
Litigation securing appellate opinion on water rights does not merit private attorney general attorney fees as claimants' million dollar stakes do not 'transcend personal interest.'
Attorneys Nov. 6, 2016
Arthur v. Dunn
Order
Nov. 6, 2016
Feldman v. Arizona Secretary of State’s Office
Order
Government Nov. 6, 2016
Armani v. Northwestern Mutual Life Insurance Co.
Employee injured on job successfully overturns denial of long term disability benefits where district court erroneously upholds insurer's determination that employee could perform sedentary work.
Employment Law Nov. 6, 2016
Move v. Citigroup Global Markets
Equitable tolling available under the Federal Arbitration Act; where party relies on arbitration panelist's egregiously falsified credentials, vacatur is merited.
Arbitration Nov. 6, 2016
Brown v. Rawson-Neal Psychiatric Hospital
Appellate court declines to exercise discretion to consider psychiatric patient's appeal over dismissal of federal claims against Nevada hospital on grounds of waiver.
Civil Procedure Nov. 6, 2016
In re New Investments Inc.
'Entz-White' ruling regarding cured default abrogated by 11 U.S.C. Section 1123 mandating that cured defaults be determined based on underlying agreement and applicable nonbankruptcy law.
Bankruptcy Nov. 6, 2016
Matson v. United Parcel Service Inc.
Labor Management Relations Act does not preempt former UPS employee's state law gender-based hostile work environment claim where claim was not grounded in collective bargaining agreement.
Labor Law Nov. 6, 2016
P. ex rel. Dept. of Transportation v. Presidio etc. Arts Found.
Where party seeks compensation for business goodwill lost due to eminent domain action, no single method required in determining value of goodwill lost.
Eminent Domain Nov. 6, 2016
Goonewardene v. ADP LLC
Plaintiff should have been granted leave to amend complaint where she states claims for breach of contract based on third party beneficiary theory, negligence, and negligent misrepresentation.
Business Law Nov. 6, 2016
Strasner v. Touchstone Wireless Repair and Logistics LP
Texas employee's posting of plaintiff's private photo on Facebook account with numerous California 'friends' does not establish specific jurisdiction.
Civil Procedure Nov. 6, 2016
Feldman v. Arizona Secretary of State’s Office
Order
Voting Rights Nov. 6, 2016
People v. Asbury
Imposition of time limitations for questioning of potential jurors does not warrant reversal of second degree murder conviction involving murder of former lover.
Criminal Law and Procedure Nov. 3, 2016