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Name Category Published
People v. Johnson
Petitioning defendant, not prosecution, has initial burden of establishing eligibility for resentencing under Proposition 47.
Criminal Law and Procedure Jul. 28, 2016
Pakootas v. Teck Cominco Metals Ltd.
Smelter not liable for CERCLA cleanup costs to remedy natural resources damages caused by 'aerial depositions' of hazardous substances near US-Canada border.
Environmental Law Jul. 28, 2016
Smith v. Los Angeles Unified School District
Motion to intervene improperly denied as untimely and unnecessary in case involving integration of moderately-to-severely disabled children into LAUSD's general education classes.
Civil Procedure Jul. 28, 2016
In the Matter of Heller Ehrman LLP
Order
Jul. 28, 2016
Wang v. Rodriguez
Conviction of trafficking in counterfeit goods does not necessarily involve deceit, barring citizenship applicant from naturalization process
Immigration Jul. 28, 2016
U.S. v. Wanland
All of defendant's arguments challenging convictions for tax related offenses lack merit, resulting in affirmance.
Criminal Law and Procedure Jul. 28, 2016
People v. Debouver
Defendant's entry into secured subterranean garage where resident caught him breaking into vehicles red handed, supported finding of 'person-present' sentence enhancement.
Criminal Law and Procedure Jul. 28, 2016
JAMS Inc. v. Superior Court (Kinsella)
Commercial speech exemption applies to action and bars consideration of anti-SLAPP motion brought by provider of private alternative dispute resolution services.
Civil Procedure Jul. 28, 2016
Mitchell v. California Dept. of Health
Equitable tolling applies to revive former state employee's racial discrimination action under FEHA that trial court erroneously disposed of via demurrer.
Employment Law Jul. 28, 2016
People v. Superior Court (Tejeda)
Holding in 'Solberg' forces Court of Appeals to grant challenge to judge despite clear pattern of blanket disqualification, disrupting court operation.
Judges Jul. 27, 2016
Cardenas v. Shannon (In re Shannon)
Washington default judgment against debtors properly discharged after owners of Mexican-themed restaurant fails to establish non-dischargeability by false representation or fraud.
Bankruptcy Jul. 27, 2016
In re Swift Transportation Co. Inc.
Transportation company not entitled to writ of mandamus ordering court to vacate its case management order and to decide petition to compel arbitration without discovery or trial.
Remedies Jul. 27, 2016
Rollins v. Dignity Health
To qualify for ERISA's church-plan exemption, plan must be established by a church and maintained by church-affiliated organization whose principal purpose is to provide benefits to church employees.
Employment Law Jul. 27, 2016
Van Dusen v. Swift Transportation
Lack of final decision in district court proceedings prohibits Ninth Circuit appellate jurisdiction over motion to compel arbitration.
Civil Procedure Jul. 27, 2016
Nettles v. Grounds
State prisoner's claim seeking expungement of rules violation does not fall within 'core of habeas corpus' and should be brought under 42 U.S.C. Section 1983 instead.
Prisoners Rights Jul. 27, 2016
Davis v. Superior Court (People)
Inmate not required to pay in advance for costs of postconviction discovery, winning remand so court may consider to which specific discovery he is entitled.
Criminal Law and Procedure Jul. 26, 2016
Merck & Cie v. Watson Laboratories Inc.
Order
Jul. 26, 2016
Manzari v. Associated Newspapers Ltd.
Famous adult entertainer may maintain action against tabloid for publishing picture and article conveying allegedly defamatory impression that she tested positive for HIV.
Civil Procedure Jul. 26, 2016
Lee v. ING Groep
Because 'plans' and 'plans administrators' are separate entities under ERISA, penalties under 29 U.S.C. Section 1132(c)(1) can only be assessed against plan administrators.
Employment Law Jul. 26, 2016
Curiel v. Miller
Statutory tolling period for habeas petition extended as California Supreme Court's denial citing deficiency of pleadings cases overrules lower court denials based on timeliness.
Prisoners Rights Jul. 26, 2016
People v. Hydrick
45-day custody hold issued to evaluate whether prisoner is sexually violent predator permissible as decision to petition to commit is part of determination process.
Criminal Law and Procedure Jul. 25, 2016
City of San Jose v. MediMarts Inc.
'Collective entity' rule prevents president of medical marijuana collective from asserting Fifth Amendment right against self-incrimination as justification for non-payment of business taxes.
Constitutional Law Jul. 25, 2016
Russell Road Food & Beverage v. Spencer
Trademark rights assigned to third parties upheld as no material changes made to agreement nor any clause present in contract prohibit assignment.
Intellectual Property Jul. 25, 2016
Jones v. Harrington
State prisoner convicted of murder entitled to release or new trial where confession admitted even though prisoner simply and unambiguously invokes right to remain silent.
Criminal Law and Procedure Jul. 25, 2016
Santos v. Kisco Senior Living
Defendants found liable for harm caused to theft suspect should have been granted judgment notwithstanding the verdict as immunity clause protects mandated report of suspected theft to police.
Civil Procedure Jul. 25, 2016
Cox v. Superior Court (Kernan)
Peremptory writ of mandate issued vacating court's orders where court strikes civil complaint after incorrectly deeming it to be petition for writ of habeas corpus.
Criminal Law and Procedure Jul. 25, 2016
Kaur v. Things Remembered Inc.
Order
Jul. 22, 2016
In re J.E.
Electronic search condition imposed on minor following misdemeanor second degree burglary is reasonably related to deterring future criminality and therefore valid.
Juveniles Jul. 22, 2016
People v. Bunnell
Order
Jul. 22, 2016
People v. Cano
Order
Jul. 22, 2016