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Name Category Published
Hurst v. Florida
Order
Mar. 10, 2015
Alterra Excess & Surplus v. Estate of Buckminster Fuller
Intellectual property rights exclusion in insurance policy bars coverage of right of publicity claims.
Insurance Mar. 10, 2015
CPR for Skid Row v. City of Los Angeles
Penal Code § 403 deemed unconstitutional as applied to Skid Row protestors who disturb meetings covered under Elections Code Section 18340.
Constitutional Law Mar. 10, 2015
Aircraft Service International Inc. v. International Brotherhood of Teamsters, AFL-CLO, Local 117
Employer must make every reasonable effort to settle labor dispute prior to seeking injunction to prevent strike at Sea-Tac.
Labor Law Mar. 10, 2015
Rudin v. Myles
Equitable tolling of AEDPA proper due to abandonment by attorney and diligence by petitioner in pursuing her rights.
Prisoners Rights Mar. 10, 2015
Bean v. Pacific Coast Elevator Corp.
In personal injury lawsuits, courts may not award prejudgment interest on costs.
Torts Mar. 10, 2015
People v. Anderson
Absent showing of prejudice, defense counsel’s inactive status does not result in ineffective assistance of counsel.
Criminal Law and Procedure Mar. 10, 2015
People v. Johnson
Upskirt voyeur escapes several counts related to surreptitious recording of women in public.
Criminal Law and Procedure Mar. 10, 2015
Telish v. California State Personnel Board (California Dept. of Justice)
Telephone conversations recorded at the behest of state DOJ as part of criminal investigation against state employee is admissible at his administrative hearing.
Employment Law Mar. 10, 2015
Department of Transportation v. Association of American Railroads
Amtrak is a governmental entity for purposes of determining validity of metrics and standards.
Administrative Agencies Mar. 9, 2015
Perez v. Mortgage Bankers Assn.
Paralyzed Veterans doctrine contradicts APA’s rulemaking provisions; Department of Labor not required to use notice-and-comment procedures when amending or repealing its interpretive rule.
Administrative Agencies Mar. 9, 2015
State of Kansas v. State of Nebraska
Order
Mar. 9, 2015
People v. Rivera
Aider and abettor may not be found guilty of premeditated first-degree murder on natural and probable consequences doctrine.
Criminal Law and Procedure Mar. 9, 2015
Frealy v. Reynolds
Order
Mar. 9, 2015
Munoz Santos v. Thomas
When torture allegations “inextricably intertwined” with witnesses’ recantations, evidence properly excluded by extradition court.
Immigration Mar. 9, 2015
Northstar Financial Advisors v. Schwab Investments
Statements by mutual fund company as to fund objectives enough to substantiate agreement that may lead to breach of contract claims.
Contracts Mar. 9, 2015
Animal Legal Defense Fund v. LT Napa
Claimed diversion of resources to combat defendants’ illegal sales of foie gras demonstrates a probability of prevailing on standing issue sufficient to survive anti-SLAPP motion.
Civil Procedure Mar. 8, 2015
In re G.Y.
Court has no power to seal juvenile’s records under Welfare and Institutions Code Section 781 for Section 707 enumerated offense.
Juveniles Mar. 8, 2015
National Union Fire Insurance Co. of Pittsburgh Pa. v. Tokio Marine and Nichido Fire Insurance Co.
After settling third party claim, Costco is not limited to underlying plaintiff’s evidence of liability in contractual indemnity suit against Yokohama.
Civil Procedure Mar. 8, 2015
Allen v. City of Sacramento
Homeless campers may pursue equal protection challenge concerning City of Sacramento’s camping ordinance.
Constitutional Law Mar. 8, 2015
Chris Kohler v. Flava Enterprises
Dressing room bench longer than forty-eight inches that permits a parallel transfer from a wheelchair is an equivalent facilitation under the ADA’s accessibility guidelines.
Disability Discrimination Mar. 8, 2015
Aguirre v. Amscan Holdings Inc.
Court erroneously denies class certification of consumer class action involving Party America for collecting ZIP codes in credit card transactions.
Consumer Law Mar. 8, 2015
People v. Pierce
Availability of restitution for incidental victims not waived by prosecution’s delay in seeking such award.
Criminal Law and Procedure Mar. 8, 2015
People v. Singh
Claim of erroneous overruling of defense’s peremptory challenges and threat of sanction not sufficient to demonstrate necessary prejudice to challenge grant of prosecution’s motion against defense’s peremptory challenges
Criminal Law and Procedure Mar. 8, 2015
Dickson v. Burke Williams Inc.
Employer not liable for failing to prevent sexual harassment where there is no viable underlying claim for harassment.
Employment Law Mar. 8, 2015
In re Marriage of Rifkin & Carty
Prefiling order against vexatious litigant is appealable and must be challenged on appeal rather than later in an application to vacate that order.
Family Law Mar. 8, 2015
People v. Loper
Prisoner may appeal trial court’s denial of compassionate release even if he could not have instituted proceedings himself.
Criminal Law and Procedure Mar. 5, 2015
Tract 19051 Homeowners Assn. v. Kemp
Davis-Stirling Common Interest Development Act provides for award of attorney fees to prevailing defendant even if governing document of a common interest development not proven under the Act.
Civil Procedure Mar. 5, 2015
Yousefian v. City of Glendale
Summary judgment for police and city in 42 U.S.C. § 1983 action affirmed because probable cause to arrest and prosecute exists despite self-defense claim and sexual relationship between officer and defendant’s wife.
Criminal Law and Procedure Mar. 5, 2015
Chapman v. Pier 1 Imports
Obstructions on shopping aisles that wheelchair-bound customer encountered on numerous visits to Pier 1 store violated the ADA.
Disability Discrimination Mar. 5, 2015