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Franceschi v. Franchise Tax Board et al
Second complaint filed in superior court for same cause of action previously filed in federal court appropriately barred by doctrine of res judicata.
Civil Procedure Jul. 12, 2016
Ulrich v. Walker (In re Boates)
Order
Jul. 12, 2016
ESG Capital Partners LP v. Stratos
Group of investors defrauded by con artist win reversal of fraud and other claims.
Securities Jul. 12, 2016
People v. Zaragoza
High court overturns defendant's death penalty judgment on account of trial court's error in the death-qualification of the jury.
Criminal Law and Procedure Jul. 12, 2016
People v. Espinoza
Court appropriately proceeds with non-capital felony trial despite absence of defendant as voluntary absence is waiver of right to be present.
Criminal Law and Procedure Jul. 12, 2016
Perez v. Torres-Hernandez
Family court erroneously denies mother's request to permanently renew domestic violence restraining order citing lack of actual abuse since issuance of original restraining order.
Family Law Jul. 12, 2016
People v. Ranlet
Child molestation convictions affirmed where court does not abuse discretion in admitting evidence of defendant's statements made in private chat room in order to show intent.
Criminal Law and Procedure Jul. 12, 2016
People v. Fusting
Entering business with intent to commit theft by false pretenses qualifies as shoplifting under new Penal Code Section 459.5.
Criminal Law and Procedure Jul. 12, 2016
People v. Jefferson
Denial of Proposition 47 petition for recall and resentencing of commercial burglary felony conviction to misdemeanor shoplifting proper where ample evidence supports dangerousness finding.
Criminal Law and Procedure Jul. 11, 2016
People v. Jones
Proposition 47 petition for retroactive striking of enhancement properly denied, but remand warranted where commercial burglary conviction otherwise qualified for reclassification as misdemeanor shoplifting.
Criminal Law and Procedure Jul. 11, 2016
People v. Smith
Check exchange business constitutes 'commercial establishment' for purposes of shoplifting statute, Penal Code Section 459.5, added under Proposition 47.
Criminal Law and Procedure Jul. 11, 2016
Pacific Maritime Association v. National Labor Relations Board
Summary judgment in favor of employer association reversed where court errs in asserting jurisdiction under 'Leedom v. Kyne.'
Labor Law Jul. 11, 2016
Magno et al v. The College Network Inc
Hastily-signed contract with arbitration clause requiring California signatories to participate in proceedings in Indiana ruled unconscionable.
Contracts Jul. 11, 2016
Aguayo v. Jewell
Bureau of Indian Affairs lack authority to intervene in tribal membership dispute involving disenrollment of 150 people from the Pala Band of Mission Indians.
Native American Affairs Jul. 11, 2016
U.S. v. Christensen
Criminal sleuths escape computer fraud- and unauthorized computer access-related convictions connected to operation of criminal enterprise, Pellicano Investigative Agency.
Criminal Law and Procedure Jul. 11, 2016
City of Carlsbad v. Scholtz
Interlocutory appeal from administrative proceeding not suitable for appeal.
Civil Procedure Jul. 11, 2016
People v. Ocegueda
Failure to instruct jury that it could consider defendant's mental disabilities involving claim for imperfect self-defense not prejudicial, but reversal nevertheless warranted due to sentencing error.
Criminal Law and Procedure Jul. 11, 2016
Gerner v. Superior Court (Department of Consumer Affairs)
Psychiatrist properly invoked psychotherapist-patient privilege in wake of subpoena seeking patient's treatment records, resulting in writ of mandate to vacate order compelling disclosure.
Evidence Jul. 11, 2016
Brooks v. Clark County
Court marshal entitled to qualified immunity from lawsuit alleging unconstitutional use of force in 'shoving' disruptive bail agent out of courtroom.
Civil Rights Jul. 8, 2016
Via View Inc. v. Retzlaff
Denial of motion to quash erroneous because anti-SLAPP motion filed along with motion to quash did not constitute general appearance conferring jurisdiction over Texas resident.
Civil Procedure Jul. 8, 2016
Silva-Pereira v. Lynch
Former professional soccer player unsuccessful in obtaining relief from removal due to lack of credibility and involvement in murders.
Immigration Jul. 8, 2016
In re Isaiah W.
Parent may challenge finding of inapplicability of Indian Child Welfare Act in appeal from subsequent order even though she did not raise challenge in appeal from initial order.
Native American Affairs Jul. 8, 2016
Andrade-Garcia v. Lynch
Guatemalan citizen's petition for review of immigration judge's decision affirming negative fear determination in reinstated removal proceedings denied where conclusion supported by substantial evidence.
Immigration Jul. 8, 2016
Lone Star Sec. & Video v. City of Los Angeles
Local bans on mobile billboards pass First Amendment scrutiny as relevant measures consider manner of speech, not content.
Constitutional Law Jul. 8, 2016
Flores v. Lynch
District court erroneously orders release of accompanying parents pursuant to 1997 Settlement establishing nationwide policy for detained minors.
Immigration Jul. 7, 2016
United States v. Phillips
Defendant's challenge to conviction for being felon in possession of firearm based on argument that predicate offense of 'misprision of felony' violates Second Amendment rejected.
Criminal Law and Procedure Jul. 7, 2016
People v. Field
Strict scrutiny is appropriate level of review in considering disparate treatment of sexually violent predators and those found not guilty by reason of insanity.
Criminal Law and Procedure Jul. 7, 2016
In re Automobile Antitrust Cases I and II
Evidence tending to show collusive activity by automaker enough for antitrust claim to survive summary judgment.
Antitrust Jul. 7, 2016
Popescu v. Apple Inc.
Expert fired for resisting Apple Inc.'s illegal anti-competitive behavior may maintain contract and business interference claim against consumer electronics giant.
Torts Jul. 6, 2016
Chang v. County of Los Angeles
County not required to indemnify deputies that assaulted and battered inmate with actual malice, oppression, or fraud pursuant to invocation of reservation of rights.
Employment Law Jul. 6, 2016