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Name Category Published
DisputeSuite.com, LLC, v. Scoreinc.com
Dismissal of case based on contractual forum-selection clause is not a ‘final resolution’ that renders defendants ‘prevailing party’ for purposes of contractual attorney fees award.
Contracts Apr. 14, 2015
Benetatos v. City of Los Angeles
Restaurant owner is liable for public nuisance because his poorly- and neglectfully-maintained restaurant is a hub for criminal activities.
Municipal Law Apr. 14, 2015
U.S. v. Mendez-Sosa
Under federal law, enhancement proper when prior offense received criminal points and was a 'crime of violence.'
Criminal Law and Procedure Apr. 13, 2015
Save Our Uniquely Rural Community Environment v. County of San Bernardino (Al-Nur Islamic Center)
Reduction of attorney fees is not abuse of discretion where court has legitimate reasons for finding award ‘outrageous.’
Environmental Law Apr. 13, 2015
Crown Capital Securities L.P. v. Endurance American Specialty Insurance Co.
Insurer properly denies coverage to undisclosed claims under application provision that excluded coverage for claims arising from previously disclosed claim.
Insurance Apr. 12, 2015
Adoption of Emilio G.
Not abuse of discretion to terminate rights of violent, unsupportive biological father seeking to prevent child’s adoption when he fails to show he is the presumed father and termination is in child’s best interest
Family Law Apr. 12, 2015
In re A.R.
Where father has already removed himself from the home and is following visitation restrictions, ‘substantial danger’ does not exist and child should not have been ordered removed from Father’s physical custody.
Family Law Apr. 12, 2015
Paul v. Patton
Court must give trust beneficiaries another chance to assert malpractice claim against their father’s attorney for botching trust instrument.
Probate and Trusts Apr. 12, 2015
People v. Keith
Drug offender’s sentence for crack cocaine-related offenses is reduced in light of recent changes in the law affecting cocaine.
Criminal Law and Procedure Apr. 12, 2015
U.S. v. Urrutia-Contreras
Defendant must be resentenced in light of sentencing court’s failure to seek government’s position with respect to revocation sentencing.
Criminal Law and Procedure Apr. 12, 2015
United States v. Aguilar
Grant of default judgment does not require court to articulate why the case presents ‘extreme circumstances;’ lack of meritorious defense justifies denial of appellants’ motion to set aside default.
Civil Procedure Apr. 12, 2015
United States v. Sahagun-Gallegos
Government may not condition motion for third-level reduction on defendant’s agreement to waive appeal rights; error to apply sentencing enhancement when defendant didn't admit elements of qualifying ‘crime of violence.'
Criminal Law and Procedure Apr. 12, 2015
Astiana v. Hain Celestial Group
District court should have stayed proceedings involving cosmetics labeling pending FDA action instead of outright dismissing consumer’s claims.
Consumer Law Apr. 12, 2015
Nigro v. Sears, Roebuck and Co.
Ulcerative colitis sufferer may proceed with discrimination claim alleging Sears fired him due to his disability.
Employment Law Apr. 12, 2015
Cal. Charter Schools Assn. v. L.A. Unified School Dist.
School district must count the number of classrooms at ‘comparison school groups’ when allocating classrooms to charter schools; its ‘norming ratios’ fail to comply with Proposition 39 implementing regulation.
Education Apr. 9, 2015
C.W. v. Capistrano Unified Sch. Dist.
Deliberate ruling below by Administrative Law Judge helps substantiate plaintiff’s claims as non-frivolous.
Civil Procedure Apr. 9, 2015
Ram’s Gate Winery LLC v. Roche
Purchaser may proceed with its claims against sellers who failed to disclose active fault trace in Sonoma winery property.
Real Property Apr. 9, 2015
Golden v. Cal. Emergency Physicians
California Business and Professions Code Section 16600 applies to restraints on professional practice, and not just to non-compete covenants.
Contracts Apr. 8, 2015
People v. Rodriguez
Robber properly sentenced for both robbery and evading arrest offenses where latter offense was not merely incidental to commission of robbery.
Criminal Law and Procedure Apr. 8, 2015
People v. Sedillo
Where jury acquits defendant of premeditation in attempted premeditation murder trial, attempted murder convictions must be dismissed as time-barred.
Criminal Law and Procedure Apr. 8, 2015
Association of California Insurance Cos. v. Jones
Insurance Commissioner lacks authority to promulgate regulation related to homeowner insurance involving replacement coverage.
Insurance Apr. 8, 2015
Barboza v. Cal. Ass'n of Prof. Firefighters
Firefighters’ long-term disability plan meets the requirements for a trust under 29 U.S.C. § 1103(a), though not expressly described as such.
Employment Law Apr. 7, 2015
People v. Ford
Man linked to 1981 killing by DNA evidence fails to overturn murder conviction by arguing autopsy report violated confrontation clause.
Criminal Law and Procedure Apr. 7, 2015
In re Salamon
Foreclosure sale that extinguishes creditor’s lien on debtor’s property also extinguishes his ability to apply rights under 11 U.S.C. §1111(b)(1)(A).
Bankruptcy Apr. 7, 2015
People v. Johnson
Expert testimony of defendant’s paraphilic coercive disorder, along with other evidence, enough to substantiate jury determining him a sexually-violent predator.
Criminal Law and Procedure Apr. 7, 2015
Contra Costa County v. Pinole Point Properties
Failure to keep drainage channel clear supports finding against downstream property owner for flooding to residential properties.
Real Property Apr. 6, 2015
County of L.A. v. Williamsburg National Ins. Co.
Surety requesting extension as to bail forfeiture must be given hearing before summary judgment may be entered.
Civil Procedure Apr. 6, 2015
McMonagle v. Meyer
Order
Criminal Law and Procedure Apr. 6, 2015
Coffey v. Shiomoto
Circumstantial, non-chemical-test evidence of driver’s impairment may rebut driver’s proffered defense that her BAC was low at the time she was driving.
Administrative Agencies Apr. 6, 2015
People v. Diaz
Courts not required to sua sponte provide cautionary jury instruction for offense of making criminal threats.
Criminal Law and Procedure Apr. 6, 2015