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Name Category Published
Natural Resources Defense Council et al v. Pritzker et al
National Marine Fisheries Service fails to implement proper regulations in authorizing take on marine mammal populations as mandated by federal regulations.
Environmental Law Jul. 18, 2016
Mann v. Ryan
Arizona state prisoner's 'Strickland' claim must be approached with AEDPA deference where state court's application of 'Strickland' standard was ambiguous.
Criminal Law and Procedure Jul. 18, 2016
Baldwin v. AAA Northern California et al.
Insured unsuccessful in overturning dismissal of complaint against insurance company where clear policy language permitted insurance company to repair vehicle rather than pay value of loss.
Insurance Jul. 15, 2016
Gregge v. Hugill
Public policy disfavoring trust contests does not preempt right of beneficiaries to have claims determined by law.
Probate and Trusts Jul. 15, 2016
Ozenne v. Chase Manhattan Bank (In re Ozenne)
Order
Bankruptcy Jul. 15, 2016
In re Abbigail A.
Rule of Court expanding class defined as Indian child beyond definition provided by Indian Child Welfare Act ignores legislative intent, invalid under state law.
Native American Affairs Jul. 15, 2016
City of Selma v. Fresno County Local Agency Formation Commission (City of Kingsburg)
Local agency's violation of Government Code Section 56666(a)'s 'directory' 70-day limitation for continuance does not invalidate action taken at continued hearing.
Government Jul. 15, 2016
In re Complaint of Judicial Misconduct
Order
Jul. 15, 2016
U.S. v. Ornelas
Sentence imposed in absentia lawful where defendant's appeal waiver is valid and he was 'voluntarily absent' for sentencing hearing.
Criminal Law and Procedure Jul. 15, 2016
U.S. v. Torres
Felon fails to overturn adverse ruling on his motion to suppress evidence of handgun found in vehicle's air filter compartment during police officer's inventory search.
Criminal Law and Procedure Jul. 15, 2016
JL Beverage Co. LLC v. Jim Beam Brands Co.
Application of wrong legal standard by district court when deciding motion for summary judgment leads to reversal and remand in dispute between vodka makers.
Intellectual Property Jul. 15, 2016
People v. McCaw
'Strike' enhancement based on New York conviction for third degree robbery overturned in light of 'Descamps' where trial court erroneously relied on plea colloquy.
Criminal Law and Procedure Jul. 14, 2016
People v. Cordova
Proposition 47's narrowed definition of dangerousness applies to determinations of dangerousness under Three Strikes Reform Act.
Criminal Law and Procedure Jul. 14, 2016
Anne H. v. Michael B.
Judge's statement in permanent custody order specifying family members' relocation would constitute changed circumstances requiring reconsideration of custody arrangement not binding on subsequent judge.
Family Law Jul. 14, 2016
In re Grand Jury Subpoena
Grand jury subpoena failing to differentiate between private and public emails is overly broad, violative of Fourth Amendment privacy rights.
Evidence Jul. 14, 2016
In re Smith
Debtor's belated tax filing not 'honest and reasonable' attempt to comply with tax code, and thus not a return whose tax liability is dischargeable in bankruptcy.
Bankruptcy Jul. 14, 2016
Lkhagvasuren v. Lynch
Mongolian citizen properly denied asylum where he failed to demonstrate that purported persecutors were motivated by his whistleblowing activities or any government involvement.
Immigration Jul. 14, 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 Jul. 14, 2016
Joshua Tree Downtown Business Alliance v. County of San Bernardino (Dynamic Development LLC)
San Bernardino County's approval of Joshua Tree Dollar General Store improperly set aside where project opponents failed to establish any CEQA violation.
Environmental Law Jul. 14, 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 Jul. 13, 2016
People v. Mutter
Denial of Proposition 47 petition seeking resentencing reversed where counterfeit currency is a 'bank bill' for purposes of misdemeanor portion of forgery statute.
Criminal Law and Procedure Jul. 13, 2016
People v. Vang
Murderer not guilty of arson of inhabited structure when lone occupant was already dead when defendant and his cousin set fire to house.
Criminal Law and Procedure Jul. 13, 2016
Pirouzian v. Superior Court (Medical Board of California)
Medical board commanded to set aside order revoking license of physician who misrepresented his employment status while collecting disability benefits because punishment is excessive.
Administrative Agencies Jul. 13, 2016
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 Jul. 13, 2016
California Sea Urchin Commission v. Bean
Commercial fishing groups may maintain action against U.S. Fish and Wildlife Service challenging the agency's 2012 action terminating the sea otter translocation program.
Environmental Law Jul. 13, 2016
Equity Income Partners LP v. Chicago Title Insurance Company
Order
Insurance Jul. 13, 2016
Facebook v. Power Ventures
Gathering of information from Facebook accounts violates Computer Fraud and Abuse Act due to Facebook's clear revocation of authorization via cease and desist letter.
Administrative Agencies Jul. 13, 2016
Bonilla v. Lynch
Exercise of jurisdiction over petition for review of motion to reopen 'sua sponte' deportation order results in remand after Board of Immigration Appeals commits legal error.
Immigration Jul. 13, 2016
People v. Trevino
Defendant's first degree burglary conviction of an inhabited RV stands despite absence of terms 'recreational vehicle' or 'house car' in Penal Code Section 460(a).
Criminal Law and Procedure Jul. 13, 2016
Alexandria P., a Minor
De facto parents opposing Indian child's placement with extended family fails to meet burden of showing good cause to warrant departure from ICWA's adoptive placement preferences.
Native American Affairs Jul. 12, 2016