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Name Category Published
McMillin Companies LLC v. American Safety Indemnity Co.
Denial of insurer’s summary judgment motion on duty to defend for failure to meet initial burden does not necessarily establish such duty.
Insurance Jan. 23, 2015
United States v. Rice
Delay in allowing self-representation does not violate defendant’s Sixth Amendment right if defendant is eventually allowed to present case in his own way.
Constitutional Law Jan. 23, 2015
Shinault v. Hawks
State’s obligation to provide medical care does not extend to shielding inmate’s assets gained from medical-related lawsuit.
Prisoners Rights Jan. 23, 2015
In re Wilson
Juvenile homicide offender’s life without parole sentence overturned in light of U.S. Supreme Court’s ‘Miller v. Alabama’ decision.
Criminal Law and Procedure Jan. 23, 2015
Deputy Sheriffs’ Association of San Diego County v. County of San Diego
California Public Employees’ Pension Reform Act of 2013 partially violates state constitution’s prohibition against impairment of contracts.
Contracts Jan. 23, 2015
In re J.C.
Father's failure to curb pregnant mother's drug use - plus his own issues - substantiates child's removal to foster care.
Juveniles Jan. 23, 2015
People v. Rinehart
Order
Jan. 23, 2015
Gottschall v. Crane
Order
Jan. 23, 2015
Calloway v. S.C. (People)
Order
Jan. 23, 2015
People v. Raef
Order
Jan. 23, 2015
People v. S.C. (Harris)
Order
Jan. 23, 2015
Murray & Murray v. Raissi Real Estate Development LLC
Default judgment set aside where defendant’s address is not ‘unknown’ merely because plaintiff failed to effect personal service at that address.
Civil Procedure Jan. 22, 2015
Citizens For Fair REU Rates v. City of Redding
Annual budget transfer from city-owned utility to city’s general fund might constitute tax under Proposition 26 requiring two-thirds voter approval.
Taxation Jan. 22, 2015
Cruise v. Kroger Co.
California Arbitration Act governs employment dispute where employer failed to prove contents of four-page arbitration policy.
Employment Law Jan. 22, 2015
Stockton Mortgage, Inc. v. Tope
Notice of Abatement not considered “lien, defect, or encumbrance” in home title insurance claim.
Insurance Jan. 22, 2015
People v. Armogeda
Postrelease Community Supervision Act of 2011 unconstitutionally amended voter-passed Proposition 36.
Criminal Law and Procedure Jan. 22, 2015
Hana Financial v. Hana Bank
In trademark disputes, ‘tacking’ issue for jury to decide just as in tort, contract, and criminal cases.
Intellectual Property Jan. 22, 2015
Gelboim v. Bank of America Corp.
Dismissal of case from consolidated proceeding triggers party’s right to appeal pursuant to 28 U.S.C. Section 1291.
Civil Procedure Jan. 22, 2015
Dept. of Homeland Security v. MacLean
Federal regulation does not exclude air marshal from whistleblower protection.
Employment Law Jan. 22, 2015
People v. Camp
Trial court may revoke mandatory supervision portion of offender’s hybrid sentence to permit his deportation.
Criminal Law and Procedure Jan. 22, 2015
Kilker v. Stillman
Funds in bank account that are proven to be from Social Security payment, even if they were not directly deposited.
Civil Procedure Jan. 21, 2015
Christeson v. Roper
Death row inmate entitled to assistance from conflict-free counsel in federal habeas petition to argue equitable tolling of AEDPA claim.
Criminal Law and Procedure Jan. 21, 2015
Omega S.A. v. Costco Wholesale Corp.
Omega may not prohibit sale of its copyrighted watches by Costco, who obtained watches through the ‘gray market.’
Intellectual Property Jan. 21, 2015
Holt v. Hobbs
Prison policy prohibiting beards violates Muslim prisoner’s religious exercise rights under the Religious Land Use and Institutionalized Persons Act of 2000.
Prisoners Rights Jan. 21, 2015
Teva Pharmaceuticals USA Inc. v. Sandoz Inc.
Reviewing court may not set aside district court’s determination on subsidiary factual matter involving patent claim without finding of clear error.
Intellectual Property Jan. 21, 2015
Redding Rancheria v. Kenneth Salazar
Tribe’s offer to merge existing gaming operation with proposed new casino merited meaningful Department of Interior review.
Native American Affairs Jan. 21, 2015
People v. Givan
Mistake of fact jury instruction unnecessary at gross-vehicular-manslaughter-while-intoxicated trial, as defendant’s subjective belief would not negate any element of crime.
Criminal Law and Procedure Jan. 21, 2015
Bertoli v. City of Sebastopol
City not entitled to attorney fees and costs in connection with non-frivolous Public Records Act claim filed by car accident victim.
Government Jan. 21, 2015
People v. Campbell
Instructional errors that gave jurors all-or-nothing choice prejudiced defendants, warranting reversal of felony murder convictions.
Criminal Law and Procedure Jan. 20, 2015
Stofer v. Shapell Industries Inc.
Homeowner is entitled to jury trial on disputed facts underlying homebuilder’s accrual defense in construction defect case.
Civil Procedure Jan. 20, 2015