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Name Category Published
Pulido v. Pereira
Constructive knowledge sufficient to establish prescriptive easement in use dispute between neighbors. 		Real Property Mar. 5, 2015
DuBeck v. California Physicians’ Service
Blue Shield’s delayed assertion of its right to rescind constituted a waiver of its rights to do so. 		Insurance Mar. 5, 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. 4, 2015
Alabama Dept. of Revenue v. CSX Transportation Inc.
Eleventh Circuit must reconsider Alabama’s justification for asymmetrical taxing of rail carriers compared to competitors, where taxes are ‘roughly equivalent.’ 		Taxation Mar. 4, 2015
In re Priscilla D.
Juvenile court errs in its denial of appellant’s Cal. Welfare and Institutions Code Section 388 petition to terminate legal guardianship of her children. 		Juveniles Mar. 4, 2015
Fyock v. City of Sunnyvale
City of Sunnyvale may restrict possession of large capacity firearm magazines. 		Civil Rights Mar. 4, 2015
Bank of Manhattan v. FDIC
FIRREA does not immunize the FDIC against claims for breach of pre-receivership contracts. 		Contracts Mar. 4, 2015
Tamosaitis v. URS Inc.
Nuclear site whistleblower may file anti-retaliation claim in federal court, although prior administrative complaint had technical mistake in employer’s name. 		Employment Law Mar. 4, 2015
People v. Andrews
Instruction on Mayberry defense necessary where sexual battery defendant shows substantial evidence of mistake as to consent. 		Criminal Law and Procedure Mar. 4, 2015
Gonzalez v. Fire Insurance Exchange
Refusal to defend insured, though plaintiff’s complaint and policy’s express coverage had some overlap, may have been breach of contract. 		Insurance Mar. 4, 2015
Direct Marketing Association v. Brohl
Tax Injunction Act does not deprive federal court of jurisdiction over case involving Colorado’s sales and user tax notice and reporting requirements. 		Business Law Mar. 3, 2015
Trabert v. Consumer Portfolio Services
Unconscionable arbitration provision creating exception to the binding and final nature of arbitration award is severable from the arbitration agreement. 		Contracts Mar. 3, 2015
Cal. Dump Truck Owners Ass'n v. Mary Nichols
Challenges to EPA-approved state implementation plans must be brought in federal appellate courts. 		Environmental Law Mar. 3, 2015
Plott Nursing Home v. Burwell
California skilled nursing facility avoids penalty for violating UTI standards, but remains liable for violating bedsore standards. 		Health Care Mar. 3, 2015
Rush v. Sport Chalet, Inc.
District court abuses its discretion by failing to conduct a prejudice analysis when it chooses to dismiss rather than sever defendants. 		Civil Procedure Mar. 3, 2015
Windsor Food Quality Co. Ltd. v. The Underwriters of Lloyds of London
Food manufacturer cannot file insurance claim based on USDA recall of supplier’s allegedly contaminated beef product. 		Insurance Mar. 3, 2015
Dreamweaver Andalusians v. Prudential Insurance
Lack of necessary party that was ‘active participant’ in negligence allegations renders dismissal of suit proper. 		Civil Procedure Mar. 3, 2015
Andrew V. v. Superior Court (Jessica V.)
Family court may not allow mother to temporarily relocate children out-of-state without conducting full adversarial hearing. 		Family Law Mar. 3, 2015
People v. Tittle
Under Three Strikes Law, trial courts may impose recidivism enhancement for each of offender’s current qualifying offenses. 		Criminal Law and Procedure Mar. 3, 2015
In re Goldstein
Debtors’ claims against bank are part of bankruptcy estate because they accrued prepetition. 		Bankruptcy Mar. 3, 2015
Acacia Patent Acquisition LLC v. Superior Court (Reddy)
Law firm that represented attorneys in fee dispute may be disqualified from representing another client involving matters related to prior representation. 		Attorneys Mar. 2, 2015
Securitas Security Services USA Inc. v. Superior Court (Edwards)
Court improperly sends employee’s entire claims to arbitration despite unenforceable PAGA waiver, which rendered entire arbitration agreement unenforceable. 		Employment Law Mar. 2, 2015
Universal Protection Services v. Superior Court
Agreement between employer and employee to follow American Arbitration Association rules puts question of arbitrability in purview of arbitrator. 		Administrative Agencies Mar. 2, 2015
Ocasio v. U.S.
Order 		Mar. 2, 2015
Hawkins v. Community Bank of Raymore
Order 		Mar. 2, 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 Mar. 2, 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 Mar. 2, 2015
Weiland v. American Airlines Inc.
Check airman cannot seek reinstatement under newly enacted law abrogating Age 6o Rule in airline industry. 		Administrative Agencies Mar. 2, 2015
Berkeley Hillside Preservation v. City of Berkeley (Logan)
Fact that proposed project may have significant environmental effect does not constitute ‘unusual circumstances’ that precluded application of exemptions from CEQA review. 		Environmental Law Mar. 2, 2015
People v. Mosley
Residency restrictions of Jessica’s Law are non-punitive, regulatory device; thus, trial judge may impose them without raising <EM>Apprendi</EM> concerns. 		Criminal Law and Procedure Mar. 2, 2015
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