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Name Category Published
People v. Grimes
Exclusion of accomplice’s statements regarding defendant’s lack of participation in killing does not warrant reversal of felony murder death sentence.
Criminal Law and Procedure Jan. 6, 2015
People v. Aparicio
Abuse of discretion deemed appropriate standard in denial of Proposition 36 resentencing.
Criminal Law and Procedure Jan. 6, 2015
Ocegueda v. Perreira
California court lacks jurisdiction over custody proceedings involving child born in Hawaii during mother’s extended visit.
Family Law Jan. 6, 2015
Yee v. State Bar
Attorney publicly reproved for negligently misrepresenting MCLE compliance.
Attorneys Jan. 5, 2015
Pierce v. San Mateo County Sheriff’s Dept.
For purposes of Section 1983, San Mateo County Sheriff’s Department is not a ‘person’ and, therefore, not subject to warrantless search civil rights action.
Civil Rights Jan. 5, 2015
Satyadi v. West Contra Costa Healthcare District
Terminated employee’s retaliation action against employer is not barred by failure to exhaust administrative remedies.
Employment Law Jan. 5, 2015
Bower v. Inter-Con Security Systems Inc.
Party to arbitration agreement may not compel arbitration where its conduct in litigating dispute was contrary to right to demand arbitration.
Employment Law Jan. 5, 2015
Koval v. Pacific Bell Telephone Co.
Employees’ class certification motion properly denied where company’s supervisors differed in implementing meal and rest period policies.
Employment Law Jan. 5, 2015
U.S. v. Gladding
After prosecution, government bears burden of proof in property return disputes.
Criminal Law and Procedure Jan. 5, 2015
U.S. v. Gnirke
Sentencing court may not restrict offender’s access to non-pornographic depictions of adult sexual conduct as condition of supervised release.
Criminal Law and Procedure Jan. 5, 2015
J.B.B. Investment Partners Ltd. v. Fair
Businessman’s automatically generated e-mail signature is ineffective to enforce settlement agreement because it does not constitute ‘electronic signature.’
Contracts Jan. 2, 2015
Burrell v. Colvin
Administrative law judge may not discredit social security disability applicant’s testimony regarding her limitations where determination is not supported by specific facts.
Administrative Agencies Jan. 2, 2015
Campion v. Old Republic Protection Co. Inc.
Class representative’s settlement of individual claims renders appeal over denial of class certification moot because he no longer had personal, financial stake.
Civil Procedure Jan. 2, 2015
In the Matter Concerning Judge Joseph Scott
Judge Joseph Scott is publicly admonished following his drinking and driving conviction, which showed serious disregard of conduct expected of judges.
Judges Jan. 2, 2015
Center for Biological Diversity v. California Dept. of Forestry and Fire Protection (North Gualala Water Co.)
CAL FIRE’s approval of logging activity on privately held land in Mendocino County does not violate environmental laws although it affected seabird habitat.
Environmental Law Dec. 31, 2014
Swanson v. Morongo Unified School District
Teacher afflicted with cancer may pursue discrimination claim against school district because her termination was pretextual.
Employment Law Dec. 31, 2014
Henry v. Ryan
Order
Dec. 31, 2014
City of Spokane v. Federal National Mortgage Association
Congress’s statutory exemption for Fannie Mae and Freddie Mac from state and local taxation of real property transfers does not violate Commerce Clause.
Taxation Dec. 31, 2014
Pom Wonderful LLC v. Hubbard
District court improperly denies Pom Wonderful LLC’s request for preliminary injunction over use of ‘POM’ mark due to mistaken likelihood-of-success determination.
Intellectual Property Dec. 31, 2014
Los Angeles Police Protective League v. City of Los Angeles
Police organization lacks standing to challenge Los Angeles Police Dept.’s policy regarding impounding of vehicles because policy does not conflict with Vehicle Code.
Government Dec. 30, 2014
Mann v. Ryan
Prisoner is entitled to habeas relief where state court applied wrong standard in assessing prejudice due to counsel’s allegedly defective performance during sentencing.
Criminal Law and Procedure Dec. 30, 2014
Sullivan v. Harnisch (In re Sullivan)
Debtor’s bankruptcy filing is not made in bad faith although debtor filed it shortly after state court entered judgment against him.
Bankruptcy Dec. 29, 2014
Nick v. City of Lake Forest (7-Eleven Inc.)
City may allow 7-Eleven store to obtain liquor license even though it does not offer anything unique from nearby store already selling alcohol.
Business Law Dec. 26, 2014
Ruiz v. Moss Bros. Auto Group Inc.
Failure to authenticate electronic signature on arbitration agreement that employee did not recall signing is adequate ground for denying petition to compel arbitration.
Employment Law Dec. 26, 2014
Treichler v. Commissioner of Social Security Administration
Administrative law judge’s adverse credibility finding regarding claimant’s application for disability benefits is overturned because it lacked discussion supporting finding.
Administrative Agencies Dec. 26, 2014
Pittsburg Unified School District v. S.J. Amoroso Construction Co. Inc.
School District may withdraw retained funds held in escrow for construction project following contractor’s default.
Contracts Dec. 24, 2014
People v. Franco
Trial court may, but is not required to, obtain supplemental probation report in determining whether resentencing inmate would pose danger to public safety.
Criminal Law and Procedure Dec. 24, 2014
Tabarrejo v. Superior Court (Princess Retirement Homes Inc.)
Trial court retains jurisdiction over suspended corporation’s timely appeal, and must disburse undertaking to former employee despite corporation’s suspended status.
Corporations Dec. 24, 2014
Mesa Shopping Center-East LLC v. Hill
Plaintiff may not voluntarily dismiss state action against defendant after arbitral claims had been submitted and decided in favor of defendant.
Contracts Dec. 24, 2014
Lappe v. Superior Court (Lappe)
Financial disclosure declarations that spouses must exchange during divorce proceedings are not subject to mediation confidentiality.
Family Law Dec. 23, 2014