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Name Category Published
In re Tract Gut, LLC
Procedural safeguards that attend state tax sales of repossessed properties make dismissal without leave to amend proper, where bankruptcy complainant's lone contention was that the received price was too low.
Civil Procedure Sep. 8, 2016
Deocampo v. Potts
California law does not render judgment against indemnifiable employees a liability of the municipal employer for purposes of adjusting or discharging debts of a chapter 9 debtor.
Bankruptcy Sep. 8, 2016
Pauluk v. Savage
County employees successfully overturn denial of qualified immunity in 42 U.S.C. Section 1983 action alleging employee died from toxic mold in workplace.
Civil Rights Sep. 8, 2016
Hott v. College of the Sequoias Community College Dist.
Salary of former school district administrator reassigned as faculty member under Ed. Code Section 87458 properly calculated based on faculty member status, not managerial level.
Employment Law Sep. 7, 2016
Adoption of Reed H.
Untimely notice of appeal from family court's written ruling dispensing of father's consent for adoption warrants dismissal.
Family Law Sep. 7, 2016
Pratt v. Ferguson
Pursuant to Probate Code section 15305, 'shutdown clause' in trust cannot defeat minor's right to child support.
Probate and Trusts Sep. 7, 2016
Ferrer v. Senate Permanent Subcommittee on Investigations
Order
Sep. 7, 2016
Mohamed v. Uber Technologies Inc.
Uber's motion to compel arbitration erroneously denied where district court improperly assumed authority to decide threshold issue of arbitrability despite clear, unmistakable delegation clause.
Arbitration Sep. 7, 2016
U.S. v. Carey
Police may use evidence obtained in 'plain hearing' when overhearing speakers unrelated to target conspiracy while listening to valid wiretap.
Constitutional Law Sep. 7, 2016
Draper v. Rosario
Prohibition against improper vouching for witness credibility by counsel extends to civil cases, however, review finds no plain error meriting reversal for comments regarding sanctions for perjury.
Evidence Sep. 7, 2016
NewGen LLC v. Safe Cig LLC
Challenge to default judgment as void for lack of subject matter jurisdiction unsuccessful where court properly allows amendment of complaint to cure inadequately pled jurisdiction.
Civil Procedure Sep. 7, 2016
Suarez v. Trigg Laboratories
One party's concealment, during settlement talks, of information that would have benefitted the other party's negotiating position falls within anti-SLAPP statute.
Anti-SLAPP Sep. 7, 2016
Local TV LLC v. Superior Court (Knutsson)
Former TV technology reporter's misappropriation claim against television station for its use of reporter's 'CyberGuy' material fails where reporter cannot establish lack of consent.
Torts Sep. 6, 2016
Minick v. City of Petaluma
Motion for discretionary relief from judgment affirmed under Code of Civil Procedure section 473(b) on grounds of excusable neglect due to attorney's cognitive impairment.
Civil Procedure Sep. 6, 2016
Direct Technologies LLC v. Electronic Arts Inc.
Summary judgment reversed in derivative copyright suit as design component of promotional 'Sims' flash drive not purely functional, utilitarian.
Copyright Sep. 6, 2016
Kerr v. Jewell
Whistleblower Protection Act claim properly dismissed where former employee not permitted to file claim in district court without first presenting claim to Merit Systems Protection Board.
Employment Law Sep. 6, 2016
Oregon Rest. & Lodging Ass'n v. Perez
Order
Sep. 6, 2016
Hiken v. Dept. of Defense
Party that substantially prevailed in a Freedom of Information Act action brought against Dept. of Defense entitled to recalculation of attorney fees award.
Government Sep. 6, 2016
In re Castellino Villas LLC
Attorney fees incurred during litigation following confirmation of Chapter 11 bankruptcy plan discharged by that bankruptcy under 'fair contemplation' test.
Bankruptcy Sep. 6, 2016
Lee v. Jacquez
Order
Sep. 6, 2016
People v. Cornejo
No alteration on second rehearing, where defendants successful in reversing gang enhancement in light of 'People v. Prunty' but otherwise unsuccessful on remaining contentions.
Criminal Law and Procedure Sep. 6, 2016
Hopkins v. Superior Court (People)
Vehicle Code provision that prohibits pretrial diversion in DUI cases does not preclude military diversion under Penal Code Section 1001.80.
Criminal Law and Procedure Sep. 5, 2016
Public Integrity Alliance Inc. v. City of Tucson
In reversal of course following rehearing en banc, City of Tucson's 'hybrid system' for selecting city council members upheld as constitutional.
Civil Rights Sep. 5, 2016
Clark v. Ryan
Arizona sex offender registry system does not violate constitutional prohibition against ex post facto punishment as system is nonpunitive in nature.
Constitutional Law Sep. 5, 2016
Helping Hand Tools v. USEPA
EPA grant of PSD to project intended to burn surplus lumber for heating purposes appropriate as use of solar power or increased natural gas would 'redefine' project.
Environmental Law Sep. 5, 2016
Loomis v. Cornish
Composer loses on appeal over copyright infringement claim against Jessie J and her team of high-profile songwriters concerning the hit song 'Domino.'
Copyright Sep. 5, 2016
Animal Legal Defense Fund v. FDA
En banc court agrees with three-judge panel that appropriate standard of review applicable to summary judgment decisions in cases brought under FOIA is de novo.
Statutory Interpretation Sep. 5, 2016
Galzinski v. Somers (Seyffert)
Writ of mandate issued due to police department's failure to perform ministerial duty of satisfying obligations imposed by its published procedure regarding citizen's complaints.
Criminal Law and Procedure Sep. 1, 2016
People v. Adelmann
Where receiving county receives 'entire jurisdiction' of case, Prop. 47 petition is proper there.
Criminal Law and Procedure Sep. 1, 2016
People v. Cruz
Charged offense must be proven beyond reasonable doubt to be considered in determining guilt of other charged offense under Evidence Code Section 1108.
Criminal Law and Procedure Sep. 1, 2016