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Saldana v. Occidental Petroleum Corp.
Plaintiffs cannot sue American company for its alleged involvement in killing of union leaders in Colombia because it involves nonjusticiable political question.
Civil Procedure Dec. 16, 2014
U.S. v. Reves
Court lacks jurisdiction over petitioner’s motion to vacate sentence where motion was filed day after probation ended because petitioner was no longer in custody.
Criminal Law and Procedure Dec. 16, 2014
Vivid Entertainment LLC v. Fielding
County law requiring condom use by adult film performers does not violate First Amendment because it is narrowly tailored reduce sexually transmitted infections.
Constitutional Law Dec. 16, 2014
People v. Mason
Felon’s possession of firearm on four specified dates only supports conviction of single offense because his possession was continuous throughout those dates.
Criminal Law and Procedure Dec. 16, 2014
Duarte v. California State Teachers’ Retirement System
California State Teachers’ Retirement System properly denies disability benefits to teacher assaulted by students due solely to his refusal to undergo medical evaluations.
Education Dec. 16, 2014
Conservatorship of Townsend
Lender may not extend 60-day time period within which to appeal by filing motion to set aside and vacate judgment with temporary judge, rather than court clerk.
Civil Procedure Dec. 15, 2014
Petersen v. Bank of America
Homeowners may proceed with mass action lawsuit against Countrywide Financial Corp. alleging wrongful lending practices.
Real Property Dec. 15, 2014
People v. Walker
Drunk driver must pay restitution to all named and unnamed victims in eight-car accident that was treated as single incident.
Criminal Law and Procedure Dec. 15, 2014
Pacific Corporate Group Holdings LLC v. Keck
Employment agreement is enforceable where parties’ conduct clearly showed intent to be bound by it although employee failed to provide signed copy to employer.
Contracts Dec. 15, 2014
David S. Karton, A Law Corp. v. Dougherty
Law firm is not entitled to attorney fees incurred in suit to recover unpaid fees from client, who had already paid entire contractual debt to firm before trial.
Attorneys Dec. 15, 2014
People v. Superior Court (Ward)
Trial court erroneously finds that offender’s flash incarcerations did not constitute custodial sanctions for purposes of his eligibility for early release from supervision.
Criminal Law and Procedure Dec. 15, 2014
Elliott v. Weil (In re Elliott)
Bankruptcy court must allow debtor’s claimed homestead exemption, despite his bad-faith conduct, unless valid statutory basis exists for denial.
Bankruptcy Dec. 12, 2014
Lynch v. California Coastal Commission
Order
Dec. 12, 2014
Friends of the Eel River v. North Coast Railroad Authority (Northwestern Pacific Railroad Co.)
Order
Dec. 12, 2014
People v. Venegas
Order
Dec. 12, 2014
People v. Pennington
Order
Dec. 12, 2014
People v. De la Rosa
Order
Dec. 12, 2014
Packer v. Superior Court (People)
Trial court errs in failing to hold evidentiary hearing on recusal motion to resolve dispute related to defendant’s relationship with prosecutor’s children, warranting reversal.
Criminal Law and Procedure Dec. 12, 2014
People v. Hernandez
Juvenile offender’s sentence of 61 years to life constitutes cruel and unusual punishment despite new law allowing him to seek parole within his lifetime.
Criminal Law and Procedure Dec. 12, 2014
U.S. v. Camou
Warrantless search of arrestee’s cell phone is unconstitutional because it occurred more than one hour after arrest and intervening acts made search unreasonable.
Criminal Law and Procedure Dec. 12, 2014
People v. Sanchez
Juvenile offender’s life sentence without parole is overturned in light of recent U.S. and California Supreme Court decisions requiring consideration of ‘attributes of youth’ during sentencing.
Criminal Law and Procedure Dec. 12, 2014
People v. Gonzalez
Gang member who flashed gang signs, gun fingers, and throat slashing gestures at off-duty officers may be prosecuted for criminal threats.
Criminal Law and Procedure Dec. 11, 2014
California Bank & Trust v. Del Ponti
Guarantors may raise equitable defenses in defending suit by creditor where creditor willfully breached agreement even though guarantee agreement included waiver provision.
Contracts Dec. 11, 2014
Maas v. Superior Court (People)
Habeas corpus petitioner has absolute right to peremptory challenge judge assigned to his case, whom petitioner claimed was biased against him.
Criminal Law and Procedure Dec. 11, 2014
State of Arizona v. ASARCO LLC
Punitive damages award of $300,000 against employer in Title VII sexual harassment case comports with due process.
Employment Law Dec. 11, 2014
Khan v. Barton (In re Khan)
State court judgment is not subject to mandatory subordination in individual debtors’ bankruptcy filings because it was not related to distribution of corporate assets.
Bankruptcy Dec. 11, 2014
Gray v. Warfield (In re Gray)
Bankruptcy court may not disallow debtors’ amendment claiming exemption for prepaid rent based on debtors’ alleged bad faith conduct.
Bankruptcy Dec. 11, 2014
Ardon v. City of Los Angeles
City’s inadvertent disclosure of privileged documents pursuant to Public Records Act request constitutes waiver of privilege, permitting public disclosure.
Government Dec. 11, 2014
People v. Rahbari
Businessman may escape paying entire $100,300 in restitution where trial court imposed split sentence on his conviction for passing checks with insufficient funds.
Criminal Law and Procedure Dec. 11, 2014
Walker v. Sons of Confederate Vets, et al.
Order
Dec. 9, 2014