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People v. Moran
Probation condition that defendant stay out of all Home Depot stores and their parking lots permissible under state law and does not implicate constitutional right to travel.
Criminal Law and Procedure Aug. 5, 2016
The Kind and Compassionate v. City of Long Beach
City of Long Beach's complete ban on medical marijuana collective upheld over allegations of disability discrimination filed by disabled medical marijuana patients.
Disability Discrimination Aug. 5, 2016
Fue v. Biter
Order
Aug. 5, 2016
Gingery v. City of Glendale
City's erection of 'Comfort Women' memorial in public park is not preempted by federal government's exclusive foreign affairs power.
Civil Rights Aug. 5, 2016
U.S. v. Smith
Members of the Los Angeles Sheriff's Dept. fail to overturn convictions related to their role in interfering with federal investigation of civil rights abuses at county jails.
Criminal Law and Procedure Aug. 5, 2016
Preap v. Johnson
Government must detain criminal aliens without bond for immigration custody immediately upon release from criminal custody for enumerated crimes.
Immigration Aug. 5, 2016
Gragg v. United States
Taxpayers may not deduct rental losses even if wife qualified as real estate professional absent showing of material participation in rental activities.
Taxation Aug. 5, 2016
U.S. v. Pocklington
Order
Aug. 5, 2016
Cuevas v. Hartley
Order
Aug. 5, 2016
Roberts v. United Healthcare Services Inc.
Medicare Advantage Program plan enrollee's claims against health plan provider properly dismissed due to federal preemption.
Health Care Aug. 5, 2016
Doe 2 v. Superior Court (Avongard Products U.S.A. Ltd.)
Writer of anonymous emails wins petition for writ of mandate directing court to vacate order granting libel plaintiff's motion to discover writer's identity.
Anti-SLAPP Aug. 4, 2016
Travelers Casualty Insurance Co. of America v. Hirsh
Denial of anti-SLAPP appealable and proper here where insurer's complaint did not arise from counsel's litigation-related conduct, but rather from his post-settlement conduct.
Anti-SLAPP Aug. 4, 2016
Pacific Dawn LLC v. Pritzker
Failure to consider present participation in fishery acceptable in creation of fishery management plan, as present participation is only one of several factors for consideration.
Administrative Agencies Aug. 4, 2016
Woods v. U.S. Bank N.A.
Borrowers' post-sale claims challenging foreclosure sale of real property barred where incorrect listing of beneficiary in notice of sale not significant enough to upset finality of foreclosure.
Real Property Aug. 4, 2016
Aldana v. Stillwagon
MICRA does not apply to negligence action filed against paramedic supervisor who was involved in a collision while en route to injured victim.
Torts Aug. 4, 2016
Ignacio v. Caracciolo
Defendant may not recover costs under Code of Civil Procedure Section 998's cost-shifting provision because her pretrial Section 998 settlement offer was invalid.
Civil Procedure Aug. 4, 2016
Schmidt v. California Highway Patrol
CHP must record arrests leading to release and no charges filed as mere detentions and provide certification of change pursuant to Penal Code Sections 849.5 and 851.6.
Statutory Interpretation Aug. 3, 2016
Salven v. Galli (In re Pass)
Bankruptcy court erroneously prevents trustee from selling house by virtue of California's declared homestead protections; nevertheless, automatic homestead exemption applies to prevent sale.
Bankruptcy Aug. 3, 2016
U.S. v. Lamott
Court properly instructs jury to disregard defendant's voluntary intoxication defense because assault by strangulation under federal assault statute is general intent crime.
Criminal Law and Procedure Aug. 3, 2016
Weeping Hollow Avenue Trust v. Spencer
Joinder of former resident who previously suffered foreclosure appropriate in quiet title action, divesting federal court of diversity jurisdiction over citizens of Nevada.
Real Property Aug. 3, 2016
Brown v. Lynch
Indian citizen fails to show INS employees and policymakers were deliberately indifferent toward his attempts at naturalization to support alleged constitutional violation.
Immigration Aug. 3, 2016
People v. Hamernik
Appeals court cannot review motion to amend information as trial court found it moot, improperly substituting lesser-included offense.
Criminal Law and Procedure Aug. 3, 2016
In re Alexander P.
Family court divested of jurisdiction regarding parentage once dependency petition filed, and therefore juvenile court erroneous in concluding it is bound by family court's findings on such issue.
Dependency Aug. 2, 2016
Yhudai v. Impac Funding Corp.
Plaintiff cannot challenge nonjudicial foreclosure on ground of voidable beneficial interest and promissory note assignment due to non-party status.
Banking Aug. 2, 2016
People v. Falaniko
Attempted murder convictions overturned due to instructional error that allowed jury to convict defendant without finding of specific intent to kill each intended victim.
Criminal Law and Procedure Aug. 2, 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 Aug. 2, 2016
Salim v. Lynch
Board of Immigration Appeals erroneously denied Indonesian citizen's motion to reopen removal proceedings based on changed country conditions following his conversion to Catholicism.
Immigration Aug. 2, 2016
Arellano Hernandez v. Lynch
Petitioner's conviction for attempted criminal threats constitutes 'crime of violence' and aggravated felony, making petitioner ineligible for relief from removal.
Immigration Aug. 2, 2016
U.S. v. Alvirez
Erroneous admission of unauthenticated Certificate of Indian Blood to establish defendant's Indian status requires reversal of conviction for assault resulting in serious bodily injury on Indian reservation.
Criminal Law and Procedure Aug. 2, 2016
Baral v. Schnitt
Anti-SLAPP motion applies to 'mixed' causes of action containing allegations of both protected and unprotected activity.
Anti-SLAPP Aug. 2, 2016