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Name Category Published
Schinkel v. S.C. (People)
Order
Nov. 28, 2014
Utility Air Regulatory Group v. EPA, et al.
Order
Nov. 27, 2014
Regent Alliance Ltd. v. Rabizadeh
Buyer may be liable for conversion even as bona fide purchaser of children’s clothing without knowledge that they had been converted.
Torts Nov. 27, 2014
City and County of San Francisco v. Sheehan
Order
Nov. 27, 2014
Michigan, et al. v. EPA, et al.
Order
Nov. 27, 2014
Van Horn v. Dept. of Toxic Substances Control
Agency’s procedure for challenging lien placed on real property for hazardous substances cleanup violates due process.
Administrative Agencies Nov. 27, 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 Nov. 27, 2014
People v. $2,709 United States Currency
California’s civil forfeiture law requiring simultaneous trial is inapplicable in case involving less than $25,000 in cash and where defendant enters plea to criminal charges.
Criminal Law and Procedure Nov. 27, 2014
Cleveland National Forest Foundation v. San Diego Association of Governments
Environmental impact report that failed to analyze inconsistency between state’s greenhouse gas emissions reduction goals and proposed plan’s emissions impacts violates CEQA.
Environmental Law Nov. 25, 2014
Stephens & Stephens XII LLC v. Fireman’s Fund Insurance Co.
Insured is entitled to conditional award of repair costs against insurer for damages sustained on insured’s building although insurer has not made any repairs.
Insurance Nov. 25, 2014
Engine Manufacturers Association v. California Air Resources Board
California Air Resources Board may regulate testing for in-use heavy-duty engine, designed to reduce air pollution caused by motor vehicle emissions.
Environmental Law Nov. 25, 2014
Conway v. County of Tuolumne
County of Tuolumne is immune from liability for damages to mobile home caused by SWAT team’s discretionary deployment of tear gas.
Torts Nov. 25, 2014
M.D., a Minor
Juvenile cannot exclude relevant evidence of alleged prostitution activities on ground she was victim of human trafficking, a fact she failed to prove.
Juveniles Nov. 25, 2014
Sierra Club v. County of San Diego
San Diego’s climate action plan violates CEQA for failing to comply with previously adopted mitigation measures requiring detailed deadlines and enforceable measures.
Environmental Law Nov. 25, 2014
U.S. v. Gavilanes-Ocaranza
Supervised release revocation proceeding that takes place four years after defendant’s original criminal prosecution does not violate defendant's right to speedy trial.
Criminal Law and Procedure Nov. 25, 2014
Overstock.com Inc. v. Goldman Sachs & Co.
Merrill Lynch Professional Clearing Corp. may be liable for engaging in market manipulation for taking active, direct role in trading schemes of its client.
Securities Nov. 25, 2014
Edwards Wildman Palmer v. Superior Court (Mireskandari)
Intrafirm communication between attorneys related to client’s dissatisfaction with firm’s representation may be confidential under attorney-client privilege.
Attorneys Nov. 25, 2014
Leslie O. v. Superior Court (Thomas O.)
Trial court should have granted mother’s request to have child custody evaluator removed because record was replete with evidence of evaluator’s bias against mother.
Family Law Nov. 25, 2014
People v. Phoenix
Sentencing court pronouncing aggregate term and imposing combined sentence must determine presentence custody credits even if previous case is from different county.
Criminal Law and Procedure Nov. 24, 2014
People v. Moreno
Denial of ex-felon’s petition for certificate of rehabilitation does not violate equal protection because he became ineligible once his felonies were reduced to misdemeanors.
Criminal Law and Procedure Nov. 24, 2014
Gant v. County of Los Angeles
District court improperly dismisses detainee’s due process claim against Los Angeles County where genuine issue over alleged mistaken identity remained.
Criminal Law and Procedure Nov. 24, 2014
U.S. v. Brooks
Supervisor’s out-of-court statement violates drug offender’s confrontation rights because supervisor was not unavailable and offender did not have opportunity for cross-examination.
Criminal Law and Procedure Nov. 24, 2014
U.S. v. Prince
Career criminal receives enhanced sentence because prior conviction for attempted robbery posed risks similar to violent felonies enumerated under Armed Career Criminal Act.
Criminal Law and Procedure Nov. 24, 2014
Ben-Shahar v. Pickart
Displaced tenant’s lawsuit against buyer of rent-controlled apartment is not subject to special motion to strike, and tenant may even be entitled to attorney fees.
Real Property Nov. 24, 2014
Mountain Air Enterprises LLC v. Sundowner Towers LLC
Trial court improperly denies attorney fees provided under agreement by erroneously concluding that agreement did not encompass affirmative defense of novation.
Contracts Nov. 23, 2014
U.S. v. Agront
Dept. of Veterans Affairs regulation prohibiting disorderly conduct that creates loud, boisterous, and unusual noise is not unconstitutionally vague as applied.
Criminal Law and Procedure Nov. 23, 2014
U.S. v. Reyes
Smuggler receives sentencing enhancement because it was reasonably foreseeable, due to sheer number of individuals smuggled, that unaccompanied minors would be smuggled.
Criminal Law and Procedure Nov. 23, 2014
Diego v. Pilgrim United Church of Christ
California public policy precludes preschool from retaliating against employee based on its mistaken belief that employee reported alleged health code violations.
Employment Law Nov. 23, 2014
Laffitte v. Robert Half International Inc.
33.3 percent calculation of class counsel attorney fees paid from $19 million class settlement common fund is proper as a reasonable percentage.
Civil Procedure Nov. 23, 2014
California Valley Miwok Tribe v. California Gambling Control Commission
Gambling Control Commission may withhold trust funds from tribe indefinitely, until Bureau of Indian Affairs indicates that internal tribal dispute has been resolved.
Gaming Nov. 23, 2014