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Name Category Published
U.S. v. Kinetic Concepts, Inc.
Order
Dec. 3, 2014
People v. Kunes
Escapee may not withdraw plea based on ignorance of necessity defense where he, his attorney, and prosecutor were well aware of facts surrounding defense.
Criminal Law and Procedure Dec. 3, 2014
Lyons v. Santa Barbara County Sheriff’s Office
Evicted homeowner cannot maintain taxpayer action against county sheriff’s office because sheriff’s conduct in evicting her was pursuant to court order and perfectly legal.
Real Property Dec. 3, 2014
People v. Buza
California’s DNA Act, which required DNA samples from felony arrestees immediately following arrest, violates California Constitution.
Criminal Law and Procedure Dec. 3, 2014
Hairston v. Samuels, Dir., BOP, et al.
Order
Dec. 2, 2014
D'Antuono v. New York
Order
Dec. 2, 2014
McLeod v. McLeod
Order
Dec. 2, 2014
People v. Chaney
Offender cannot take advantage of new resentencing law redefining ‘unreasonable risk to public safety’ because definition does not apply retroactively.
Criminal Law and Procedure Dec. 2, 2014
Curley v. City of North Las Vegas
Worker’s employment discrimination claim fails because City provided valid, nondiscriminatory reasons for firing him, which included his long history of threatening violence against coworkers.
Employment Law Dec. 2, 2014
Safari Associates v. Superior Court (Tarlov)
Arbitrator’s attorney fee award is proper although arbitrator applied ‘prevailing party’ definition under Civil Code, and not as defined under arbitration agreement.
Civil Procedure Dec. 2, 2014
People v. Bolian
Trial court improperly revokes defendant’s probation where record demonstrates that court was unaware it had discretionary power to reinstate and modify probation.
Criminal Law and Procedure Dec. 2, 2014
People v. Parker
Trial court may revoke defendant’s outpatient status although revocation was made prior to defendant’s placement in outpatient program.
Criminal Law and Procedure Dec. 2, 2014
Joseph v. United States
Order
Dec. 1, 2014
Redd v. Chappell
Order
Dec. 1, 2014
Poullard v. Pitman
Order
Dec. 1, 2014
Riverside County Sheriff’s Dept. v. Stiglitz (Drinkwater)
Hearing officer may rule on ‘Pitchess’ motion for discovery of officer personnel records as they are relevant to terminated officer’s claim of disparate treatment.
Government Dec. 1, 2014
WildEarth Guardians v. McCarthy
Environmental groups lack citizen standing to assert claims against Environmental Protection Agency for allegedly failing to perform nondiscretionary duty of issuing revised ozone regulations.
Environmental Law Dec. 1, 2014
City of Glendale v. Marcus Cable Associates LLC
Cable company is not entitled to offset for alleged fee overpayments to City of Glendale because federal law prohibits recovery of damages.
Government Dec. 1, 2014
Ferrick v. Santa Clara University
Former employee who disclosed director’s alleged kickback scheme may maintain wrongful termination in violation of public policy claim against Santa Clara University.
Employment Law Dec. 1, 2014
People v. Jones
Warrantless blood draw does not violate drunk driving suspect’s Fourth Amendment rights because he was under active probation supervision, which included search and seizure condition.
Criminal Law and Procedure Nov. 30, 2014
Marriage of McHugh
Father must pay child support based on income at previous job, from which he was terminated, when mother proves his ability and opportunity to work.
Family Law Nov. 30, 2014
Bunker Hill Park Ltd. v. U.S. Bank National Association
Trial court must compel arbitration of dispute that falls within broadly worded arbitration provision of ground lease, even if dispute is not yet ‘ripe.’
Civil Procedure Nov. 30, 2014
People v. Miller
Trial court properly excludes murder suspect’s case specific hearsay statements included in psychologist’s report, which suspect’s expert relied upon in forming opinions.
Criminal Law and Procedure Nov. 30, 2014
J.V., a Minor
Juvenile court properly issues victim restitution order after judgment debtor turned 21, when simply memorializing previous restitution order entered while debtor was under 21.
Juveniles Nov. 30, 2014
People v. Macabeo
Order
Nov. 28, 2014
Cutler v. Franchise Tax Board
Order
Nov. 28, 2014
People v. Anderson
Order
Nov. 28, 2014
National Mining Assoc. v. EPA, et al.
Order
Nov. 28, 2014
McLean v. State of California
Order
Nov. 28, 2014
Hughes v. Pham
Order
Nov. 28, 2014