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Name Category Published
City of Petaluma v. Superior Court (Andrea Waters)
Investigatory harassment report written for city by hired attorney is privileged despite attorney not providing legal counsel after report's completion.
Attorneys Jul. 5, 2016
Naraghi Lakes Neighborhood Preservation Association v. City of Modesto (Berberian Holdings L.P.)
Proponent fails in challenging city's approval of shopping center due to its size because project, though sizable, was nevertheless compatible with general plan's policies.
Environmental Law Jul. 5, 2016
Brooks v. Mercy Hospital
Judgment in favor of defendant hospital that treated prisoner reversed where court fails to apply special tolling provision relating to prisoners.
Criminal Law and Procedure Jul. 5, 2016
People v. Eulian
Off-duty firefighter who punched cat lady into unconsciousness cannot escape assault and battery convictions based on allegedly erroneous self-defense jury instructions.
Criminal Law and Procedure Jul. 1, 2016
California Cannabis Coalition v. City of Upland
Order
Jul. 1, 2016
People v. Baker
Does the definition of "unreasonable risk of danger to public safety" (Pen. Code, Section 1170.18, subd. (c)) under Proposition 47 ("the Safe Neighborhoods and Schools Act") apply retroactively to resentencing under the Three Strikes Reform Act of 2012 (Pen. Code, Section 1170.126)?
Jul. 1, 2016
Reed v. Gallagher
Candidate who lost election cannot maintain defamation action against rival who ran negative television ad characterizing him as an 'unscrupulous lawyer.'
Civil Procedure Jul. 1, 2016
In re A.D.
(1) Are probation conditions prohibiting defendant from: (a) "owning, possessing or having in his custody or control any handgun, rifle, shotgun or any firearm whatsoever or any weapon that can be concealed on his person"; and (b) "using or possessing or having in his custody or control any illegal drugs, narcotics, narcotics paraphernalia without a prescription," unconstitutionally vague? (2) Is an explicit knowledge requirement constitutionally mandated?
Jul. 1, 2016
In re R.C.
Must no-contact probation conditions be modified to explicitly include a knowledge requirement?
Jul. 1, 2016
People v. Lopez
Does the definition of "unreasonable risk of danger to public safety" (Pen. Code, § 1170.18, subd. (c)) under Proposition 47 ("the Safe Neighborhoods and Schools Act") apply retroactively to resentencing under the Three Strikes Reform Act of 2012 (Pen. Code, Section 1170.126)?
Jul. 1, 2016
People v. Smedley
Does Proposition 47 ("the Safe Neighborhoods and Schools Act"), which reclassifies as a misdemeanor any grand theft involving property valued at $950 or less (Pen. Code, Section 490.2), apply to theft of access card information in violation of Penal Code Section 484e, subdivision (d)?
Jul. 1, 2016
In re Reyes (H.C.)
Order
Jul. 1, 2016
People v. Sanchez
Case-specific statements related by prosecution's expert concerning defendant's gang membership is inadmissible hearsay, resulting in reversal of street gang enhancements.
Criminal Law and Procedure Jul. 1, 2016
People v. Conley
Third strikers sentenced before Reform Act took effect, but whose judgment were not yet final, not entitled to automatic resentencing but may petition for recall of sentence.
Criminal Law and Procedure Jul. 1, 2016
Attmore v. Colvin
Administrative law judge errs in determining medical improvement, failing to consider broader context of progress in social security benefits case.
Administrative Agencies Jul. 1, 2016
Cuero v. Cate
Prisoner wins resentencing after prosecution breaches written plea agreement by amending complaint before sentencing so as to subject prisoner to greater sentence.
Administrative Agencies 9th Jul. 1, 2016
Walmart Stores Inc. v. United Food and Commercial Workers International Union
National Labor Relations Act does not preempt Walmart's trespass action against union for staging disruptive demonstrations inside Walmart stores.
Administrative Agencies Jul. 1, 2016
People v. Carreon
Where no family relation exists between probationer and overnight guest in separate area of home, facts militate toward probationer being unable to give valid consent for search of guest's room.
Constitutional Law Jul. 1, 2016
Seibert v. City of San Jose
Firefighter's discipline improperly overturned with respect to allegations of inappropriate touching of female coworker, but not as to 'salacious' email exchange with minor allegations.
Administrative Agencies Jul. 1, 2016
Tanner v. CalPERS
City manager has no right to have retirement benefit calculated based on higher base salary from final employment agreement where documents do not qualify as 'pay schedule.'
Government Jun. 30, 2016
Ramos v. Garcia
Labor Code's two-way fee shifting provision does not allow award of attorney fees to prevailing 'co-employee' whom plaintiff-employee erroneously sued as his 'employer.'
Labor Law Jun. 30, 2016
Rice v. Downs
Trial court errs in compelling parties to arbitrate certain tort claims that did not arise from the parties' operation agreement.
Torts Jun. 30, 2016
Scott v. Yoho
California Code of Civil Procedure requirement for 30-day rescission period for medical arbitration contracts preempted by Federal Arbitration Act.
Contracts Jun. 30, 2016
Miguel S., a Minor
Termination of presumed father's parental rights over children who possibly qualified as Indian children overturned due to noncompliance with Indian Child Welfare Act.
Native American Affairs Jun. 30, 2016
People v. Olivas
Court's answer in the negative to question regarding the consideration of lesser offense before deciding verdict on greater offense constitutes prejudicial 'Kurtzman' error.
Criminal Law and Procedure Jun. 30, 2016
People v. Smith
Murder convictions reversed due to prejudicial error stemming from incorrect jury instructions and erroneously admitted hearsay evidence.
Criminal Law and Procedure Jun. 30, 2016
Ivy v. Morath
Did the Fifth Circuit err in deciding that the relationship between public and private actors does not invoke dual obligations to accommodate in any context other than an express contractual relationship between a public entity and its private vendor?
Jun. 29, 2016
Fry v. Napoleon Community Sch.
Whether the HCPA commands exhaustion in a suit, brought under the Americans with Disabilities Act and the Rehabilitation Act, that seeks damages-a remedy that is not available under the IDEA.
Jun. 29, 2016
Czyzewski v. Jevic Holding Corp.
Order
Jun. 29, 2016
Visa Inc. v. Osborn
Whether allegations that members of a business association agreed to adhere to the association's rules and possess governance rights in the association, without more, are sufficient to plead the element of conspiracy in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1, as the Court of Appeals held below, or are insufficient, as the Third, Fourth, and Ninth Circuits have held.
Jun. 29, 2016