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Name Category Published
OTET v. Hillsboro Garbage Disposal
Dismissal proper where common law breach of contract claims are preempted by Employee Retirement Income Security Act. 		Employment Law Sep. 9, 2015
Miles v. Wesley
Trial court correctly employs 'O'Shea' federal abstention where plaintiffs seek injunction that would entail 'heavy federal interference' as to L.A. County Superior Court's courtroom budget-forced consolidation plan. 		Government Sep. 9, 2015
People v. Arias
Juvenile adjudication constituting a conviction for purposes of sentencing under three strikes law also constitutes a conviction for purposes of determining eligibility for resentencing. 		Criminal Law and Procedure Sep. 9, 2015
Summit Media LLC v. City of Los Angeles (CBS Outdoor LLC)
Advertising company that successfully halted use of outdoor digital displays loses bid to have all illegal digital displays demolished. 		Government Sep. 9, 2015
People v. Uffelman
Based on legislative history, Penal Code catchall fine provision may be applied in addition to mandatory $10 fine applied to burglary convicts. 		Criminal Law and Procedure Sep. 9, 2015
Facebook Inc. v. Superior Court (Hunter)
Trial court should have granted social networking site's motion to quash subpoenas for social media records of murder victim and witness of drive-by shooting. 		Criminal Law and Procedure Sep. 9, 2015
Rancho De Calistoga v. City of Calistoga
Mobile home park owners cannot escape rent control by asserting 'as-applied private takings' claim. 		Constitutional Law Sep. 8, 2015
U.S. v. Navarro
Prisoner set to be released before effective retroactivity date of otherwise-applicable sentence-reducing Sentencing Guideline amendment may not obtain relief based upon said amendment. 		Criminal Law and Procedure Sep. 8, 2015
Idaho Power Co. v. FERC
Federal Energy Regulatory Commission abuses its discretion when it fails to undertake proper analysis when approving settlements that are contested. 		Utilities Sep. 8, 2015
Rodriguez v. Sony Computer Entertainment LLC
Consumer's unlawful retention claim under Video Privacy Protection Act fails because Act does not provide private right of action to enforce retention requirements. 		Consumer Law Sep. 8, 2015
IATSE v. InSync Show Productions
Order compelling arbitration is proper where it is arbitrator who must decide whether the collective bargaining agreement is still in effect. 		Labor Law Sep. 8, 2015
Balestrieri v. Menlo Park Fire Protection District
Time firefighters spend collecting and transporting 'turnout' gear to temporary duty stations are not compensable because activity is not 'intrinsic to firefighting activity.' 		Labor Law Sep. 8, 2015
In re Pham
Bankruptcy court cannot rely on local rules to sanction nonparty debtors and their attorney in deposition dispute. 		Bankruptcy Sep. 4, 2015
Avendano-Hernandez v. Lynch
Immigration authorities erroneously denies Convention Against Torture protection to transgender woman who suffered repeated rape and assault by Mexican police and military officials. 		Immigration Sep. 4, 2015
Wilkinson v. Gingrich
State court unreasonably applies rule of collateral estoppel when it upholds perjury conviction after defendant's acquittal in traffic court. 		Criminal Law and Procedure Sep. 4, 2015
Alcantar v. Hobart Service
District court erroneously denies class certification by evaluating merits of over service technicians' commute-time claim in determining issue of commonality. 		Labor Law Sep. 4, 2015
Nat'l Council of La Raza v. Cegavske
Civil rights organizations satisfy both Article III and statutory standing to allege Nevada violates Section 7 of the National Voter Registration Act. 		Civil Rights Sep. 4, 2015
Elmore v. Sinclair
Not unreasonable to reject petitioner's ineffective assistance of counsel claims where counsel's decision not to present mental health defense was strategic and petitioner failed to show prejudice on other claims. 		Criminal Law and Procedure Sep. 4, 2015
James L. Harris Painting & Decorating Inc. v. West Bay Builders Inc.
Party not entitled to attorney fees under fee-shifting provisions of prompt payment statutes fee where neither side was 'prevailing party' in whole litigation. 		Contracts Sep. 4, 2015
Mak v. City of Berkeley Rent Stabilization Board (Ziem)
Landlords who evicted former, long-term tenant by misrepresenting intent to move-in may not collect higher rent from new tenant. 		Real Property Sep. 4, 2015
Save Our Schools v. Barstow Unified
Where determinations are based on insufficient evidence, school district must reconsider whether school closures and student transfers are exempt from California Environmental Quality Act. 		Environmental Law Sep. 4, 2015
People v. Mendoza
Attempt not a lesser included offense of sexual intercourse, sodomy, and oral copulation of a child under 10 years; trial court did not err by not offering jury instruction on attempt. 		Criminal Law and Procedure Sep. 4, 2015
Marquez v. Dept. of Health Care Services
Notice and hearing not required whenever state agencies changes a Medi-Cal beneficiary's 'other health coverage' code. 		Health Care Sep. 4, 2015
In re Swanigan
Board of Parole Hearings cannot deny parole to inmate who was otherwise suitable for parole because he maintained his innocence in murder. 		Criminal Law and Procedure Sep. 3, 2015
Johnson v. U.S. Steel Corp.
Summary judgment erroneously granted in products liability case because record did not contain evidence negating existence of a design defect under consumer expectations test. 		Torts Sep. 3, 2015
Park v. Board of Trustees of the California State University
Trial court errs in denying University's special motion to strike former employee's discrimination claim, the thrust of which was based on protected activity. 		Employment Law Sep. 3, 2015
Collier v. Harris
Trial court prematurely denied defendant's anti-SLAPP motion where defendant's conduct, although protected, may nevertheless be illegal. 		Civil Procedure Sep. 3, 2015
Cox v. USDA
No evidence USDA waived sovereign immunity; state and district court lack jurisdiction and district court bound to dismiss for lack of jurisdiction rather than remand. 		Civil Procedure Sep. 3, 2015
Holmes v. California Victim Compensation and Government Claims Board
Person wrongfully convicted of failing to register as sex offender not entitled to indemnity because he sustained no pecuniary injury resulting from wrongful conviction. 		Criminal Law and Procedure Sep. 2, 2015
People v. Seymour
Defendant who had been released from probation early is entitled to 'expungement' under Penal Code Section 1203.4 although he still owes victim restitution. 		Criminal Law and Procedure Sep. 2, 2015
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