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Name Category Published
Coastal Surgical Institute v. Blevins
Advance payment of damages tolls statute of limitations in medical malpractice suit.
Civil Procedure Jan. 13, 2015
Grand Prospect Partners LP v. Ross Dress for Less Inc.
Cotenancy provision between sophisticated parties in commercial lease is enforceable.
Real Property Jan. 13, 2015
Piper v. Dept. of Motor Vehicles
DUI offender is not entitled to credit for preconviction restricted license period for purposes of his postconviction suspension.
Administrative Agencies Jan. 13, 2015
People v. Noyan
Sentencing scheme applicable to persons bringing contraband to custodial facility violates equal protection because it imposed unequal sentence depending on type of contraband.
Criminal Law and Procedure Jan. 13, 2015
Williams & Fickett v. County of Fresno
Taxpayer may seek court’s relief without first exhausting administrative remedies, when improperly taxed on property the party did not own.
Taxation Jan. 12, 2015
United States v. Rodman
Machine gun seller who agrees to and does submit required ATF forms using false information commits conspiracy to defraud the government.
Criminal Law and Procedure Jan. 12, 2015
People v. Anderson
Jury instruction on collective/cooperative defense to marijuana cultivation charge must explain that exchange of marijuana for money between collective members is not necessarily unlawful.
Criminal Law and Procedure Jan. 12, 2015
Rund v. Bank of America Corp. (In re EPD Investment Co. LLC)
Bankruptcy Code limitations period for avoiding fraudulent transfers preempts state-law.
Bankruptcy Jan. 9, 2015
Mendiola v. CPS Security Solutions, Inc.
Security guards due compensation for all on-call hours spent under employer’s control at assigned worksite.
Labor Law Jan. 9, 2015
Thomas v. County of Riverside
Order
Jan. 9, 2015
Ibarra v. Manheim Investments Inc.
When class action plaintiff, seeking remand to state court, challenges amount in controversy, both sides must have opportunity to submit proof on issue.
Civil Procedure Jan. 9, 2015
LaCross v. Knight Transportation Inc.
$44 million amount-in-controversy estimate based on reasonable chain of logic and assumptions entitles defendant to remove to federal court.
Civil Procedure Jan. 9, 2015
Ventura Foothill Neighbors v. County of Ventura
Ventura County must issue supplemental environmental impact report on relocated building project where building height increased from 75 feet to 90 feet.
Environmental Law Jan. 9, 2015
Feresi v. The Livery LLC
Managing member’s perfected security interest in LLC does not take priority over prior, unperfected interest due to manager’s breach of fiduciary duty.
Securities Jan. 9, 2015
People v. Rekte
Driver dodges red light camera ticket by undermining camera system’s reliability.
Criminal Law and Procedure Jan. 9, 2015
State Ready Mix Inc. v. Moffatt & Nichol
Concrete supplier sued by contractor barred by economic loss rule from seeking equitable indemnity from third-party civil engineer.
Contracts Jan. 9, 2015
Williams v. Paramo
Alleged mislabeling as sex offender allows prisoner to proceed in forma pauperis on appeal.
Prisoners Rights Jan. 8, 2015
People v. Superior Court (Jalalipour)
Trial court judge may not reduce "wobbler" felony charges to misdemeanors after preliminary hearing but before offender's guilty pleas.
Criminal Law and Procedure Jan. 8, 2015
Montano v. The Wet Seal Retail Inc.
Nonseverable waiver of statutory representative action renders arbitration agreement unenforceable.
Employment Law Jan. 8, 2015
People v. Toure
Exigent circumstances allow for warrantless, non-consensual blood draw of resistant drunk driver, but sentence exceeds limit.
Criminal Law and Procedure Jan. 7, 2015
People v. Superior Court (Burton)
Trial court cannot postpone prisoner’s Proposition 36 resentencing petition to later reconsider prisoner’s dangerousness and eligibility for relief.
Criminal Law and Procedure Jan. 7, 2015
Schultz v. Workers’ Compensation Appeals Board
“Going and coming rule,” doesn’t deprive employee of workers’ compensation for injuries suffered in accident while driving on air force base where his employer is located.
Workers' Compensation Jan. 7, 2015
People v. Solis
Convictions for uncharged but related, lesser offenses may stem from one charged offense.
Criminal Law and Procedure Jan. 7, 2015
Sarun v. Dignity Health
Hospital's allegedly inflated fees enough to provide plaintiff standing.
Health Care Jan. 7, 2015
People v. Superior Court (Williams)
Trial court cannot postpone prisoner’s Proposition 36 resentencing petition to later reconsider prisoner’s dangerousness and eligibility for relief.
Criminal Law and Procedure Jan. 7, 2015
Donahue Schriber Realty Group Inc. v. Nu Creation Outreach
Solicitors may be enjoined from soliciting donations on sidewalks next to store entrances at private shopping center because such area is not ‘public forum.’
Constitutional Law Jan. 7, 2015
Abdisalan v. Holder
Board of Immigration Appeals’ mixed decision is not a final order of removal that triggers 30-day window in which petitioner must appeal.
Immigration Jan. 7, 2015
Davis v. Electronic Arts Inc.
Former NFL players’ claims for unauthorized use of their likenesses against video game company not barred by ‘incidental use’ defense.
Constitutional Law Jan. 7, 2015
Rivero v. Lake County Board of Supervisors
Lake County Sheriff entitled to independent counsel in dispute with district attorney for entirety of his tenure as sheriff.
Government Jan. 7, 2015
Hudec v. Superior Court (People)
Respondent may not be compelled to testify at trial for extension of his not-guilty-by-reason-of-insanity commitment.
Criminal Law and Procedure Jan. 6, 2015