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Center for Biological Diversity v. Dept. of Fish and Wildlife
Historical practice, legislative guidance, and practicality suggests that trial court should supervise any writs of mandate issued regarding CEQA compliance in 'Newhall' matter.
Environmental Law Aug. 11, 2016
U.S. v. Zhou
Though government only referred to credit card fraud as to one store rather than both defrauded stores at plea colloquy, count to which defendant pled guilty was broad enough to encompass offenses as to both, making restitution to both stores proper.
Criminal Law and Procedure Aug. 11, 2016
Glacier Fish Co. v. Pritzker
Cather-processor coop permit constitutes limited access privilege, allowing NMFS to levy fee as part of cost recovery program against corporate members of conservation cooperative.
Environmental Law Aug. 11, 2016
People v. McNulty
Was defendant entitled to resentencing under Penal Code section 1170.18 on his conviction for second degree burglary either on the ground that it met the definition of misdemeanor shoplifting (Pen. Code, section 459.5) or on the ground that section 1170.18 impliedly includes any second degree burglary involving property valued at $950 or less?
Aug. 11, 2016
People v. Contreras
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?
Aug. 11, 2016
People v. Frierson
Inmate convicted of stalking not eligible for resentencing under Three Strikes law as third conviction considered violent, dangerous.
Criminal Law and Procedure Aug. 10, 2016
People v. Watts
Crime-lab fee imposed under Health and Safety Code Section 11372.5 not subject to penalty assessments that could potentially increase charges by 310 percent.
Criminal Law and Procedure Aug. 10, 2016
Cruz v. City of Culver City et al.
Public interest exception does not defeat anti-SLAPP motion in case alleging city council's violation of Brown Act open meeting law.
Anti-SLAPP Aug. 10, 2016
Daniels v. Merit Systems Protection Board
Merit Systems Protection Board properly denies federal employee's petition for review for lack of jurisdiction where employee's disclosures not protected under Whistleblower Protection Act.
Administrative Agencies Aug. 10, 2016
Kobold v. Good Samaritan Regional Medical Center
Labor Management Relations Act did not preempt labor dispute concerning breach of fiduciary duty claim under Oregon state law, warranting reversal of one of three consolidated cases.
Labor Law Aug. 10, 2016
Weiss v. City of Los Angeles
As 'issuing agency,' City - not ticket processing agency - responsible for initial review of violation under Veh. Code Section 40215(a).
Statutory Interpretation Aug. 10, 2016
United States v. Doe
Court must not rule on dispute in fact pattern in sentence reduction pursuant to Federal Rule of Criminal Procedure 35(b) due to application after initial sentencing.
Criminal Law and Procedure Aug. 10, 2016
Morlin Asset Management LP v. Murachanian
Tenant not required to indemnify landlord following injuries sustained by carpet cleaner hired by tenant because injury falls outside scope of indemnity clause contained in lease.
Contracts Aug. 10, 2016
U.S. v. Sanchez-Gomez
Order
Aug. 9, 2016
Tibble v. Edison International
Order
Aug. 9, 2016
Bodi v. Shingle Springs Band of Miwok Indians
Indian tribe does not waive sovereign immunity by mere removal of action to federal court; clear and unequivocal waiver is required to relinquish tribal immunity.
Native American Affairs Aug. 9, 2016
Fox v. Johnson
Petitioner not entitled to specific performance of plea agreement after she effectively rescinded plea agreement in withdrawing plea.
Criminal Law and Procedure Aug. 9, 2016
Davis v. Hollins Law
Collection agency voicemail not violative of Fair Debt Collection Practices Act for failing to inform debtor of intent to collect debt due to extended prior communication.
Banking Aug. 9, 2016
Lingo v. City of Salem
Exclusionary rule does not apply in Section 1983 cases.
Civil Rights Aug. 9, 2016
Reis-Campos v. Biter
Under AEDPA's 'immensely deferential standard of review' prosecution's concealment of evidence that would bolster self-defense claim mandates affirmance of denial of habeas corpus petition.
Criminal Law and Procedure Aug. 9, 2016
City of Montebello v. Vasquez
Votes case in councilmembers in city council meeting qualify for protection under anti-SLAPP statute.
Anti-SLAPP Aug. 9, 2016
People v. Dunn
Defendant ineligible for resentencing of felony petty theft with a prior to a misdemeanor under Proposition 47 due to prior juvenile adjudication requiring sex offender registration.
Criminal Law and Procedure Aug. 8, 2016
U.S. v. Pridgette
Government's concession that record did not establish fact supporting defendant's sentence enhancement warrants remand for resentencing on closed record.
Criminal Law and Procedure Aug. 8, 2016
Stilwell v. City of Williams
Age Discrimination in Employment Act does not bar Section 1983 First Amendment retaliation claim due to differences regarding who can sue and be sued, liability requirements, and available remedies.
Employment Discrimination Aug. 8, 2016
Morales v. 22nd District Agricultural Association
Order sustaining demurrer to Labor Code Section 510 claim alleging failure to pay overtime reversed where employees should be permitted to allege employer is 'joint employer.'
Labor Law Aug. 8, 2016
Ace American Insurance Co. v. Fireman’s Fund Insurance Co.
Lack of excess judgment against insured in underlying case does not bar equitable subrogation cause of action by excess insurer against primary insurer.
Insurance Aug. 8, 2016
Hayward v. Superior Court (Osuch)
Temporary judge's failure to disclose relationship with attorneys in marital dissolution proceedings results in void and vacated rulings and orders.
Judges Aug. 5, 2016
United States v. Bryant
Order
Aug. 5, 2016
Animal Legal Defense Fund v. FDA
Order
Aug. 5, 2016
People v. Fromuth
'Motivated by' language in online predator statute analogous to 'because of' language in hate crime statute, necessitating proof of 'motivation' as substantial factor in offense.
Criminal Law and Procedure Aug. 5, 2016