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Name Category Published
People v. Gardner
Defendant who is competent to stand trial is not competent to represent himself, given he suffered from expressive language disorder that prevented coherent communication.
Criminal Law and Procedure Nov. 23, 2014
First California Bank v. McDonald
Bank is not entitled to deficiency judgment against debtors who did not consent to disposal of one of two properties securing the loan.
Real Property Nov. 23, 2014
Izell v. Union Carbide Corp.
Reduction of compensatory damages award in asbestos case from $30 million to $6 million does not also require reduction of $18 million punitive damages award.
Torts Nov. 23, 2014
Bristol-Myers Squibb Company v. S.C. (Anderson)
Order
Nov. 21, 2014
Ellis v. Yu (In re Ellis)
Bankruptcy court cannot grant extraordinary ‘in rem’ relief to property owner who was not a secured creditor in debtor’s chapter 7 bankruptcy filing.
Bankruptcy Nov. 20, 2014
People v. Canizales
Order
Nov. 20, 2014
Hollingsworth and Vose Company v. S.C. (Wismer)
Order
Nov. 20, 2014
Yother v. S.C. (People)
Order
Nov. 20, 2014
Alliance for the Wild Rockies v. U.S. Dept. of Agriculture
Group has standing to assert Endangered Species Act claims challenging alleged harassment of protected grizzly bears via helicopter hazing of Yellowstone bison.
Environmental Law Nov. 20, 2014
Laguna v. Coverall North America Inc.
Order
Nov. 20, 2014
People v. Smith
Gang member is properly convicted as aider and abettor in murders of members of his own gang, which ocurred as natural and probable consequence of ‘jump out’ he set up.
Criminal Law and Procedure Nov. 20, 2014
Saltonstall v. City of Sacramento (Sacramento Basketball Holdings LLC)
Statute that modified deadlines for environmental review of new Sacramento Kings sports arena project under CEQA does not violate separation of powers doctrine.
Environmental Law Nov. 20, 2014
Lofton v. Wells Fargo Home Mortgage
Trial court properly issues temporary restraining order against law group that engaged in secret settlement negotiations at the expense of class members.
Attorneys Nov. 20, 2014
Negro v. Superior Court (Navalimpianti USA Inc.)
Gmail account holder's consent to production of emails in accordance with Florida court order permits Google to disclose emails without violating Stored Communications Act.
Civil Procedure Nov. 19, 2014
People v. Chubbuck
Inmate is ineligible for resentencing relief under Three Strikes Reform Act because he intended to cause great bodily injury during underlying solicitation offense.
Criminal Law and Procedure Nov. 19, 2014
Helgestad v. Vargas
Father may be entitled to credit for actual, in-the-home child support provided to children during period of reconciliation with mother when parents lived together.
Family Law Nov. 19, 2014
Vargas Cervantes v. Holder
BIA errs in removing lawful resident after concluding he was convicted of spousal abuse based on his in-court admission, which was outside of record of conviction.
Immigration Nov. 19, 2014
Taylor v. Cate
Criminal defendant who was convicted of murder and attempted robbery may not be resentenced as aider and abettor without first being granted new trial.
Criminal Law and Procedure Nov. 19, 2014
EEOC v. Peabody Western Coal Co.
Coal mining company with operations on Navajo reservation may give preference in employment to members of Navajo Nation over other tribes.
Native American Affairs Nov. 19, 2014
Scott v. C.R. Bard
Jury may find manufacturer of transvaginal mesh kit liable for negligence, even though it did not specify which of several negligence theories it relied on.
Torts Nov. 19, 2014
Elliott v. Geico Indemnity Co.
Insurer is not required to pay insured any benefits under underinsured motorist provision, when insured already recovered more than policy limit from third-party tortfeasor.
Insurance Nov. 19, 2014
Willis v. Prime Healthcare Services Inc.
Arbitration provision in employee’s individual employment agreement may be enforced when not inconsistent with collective bargaining agreement that covered employee.
Employment Law Nov. 19, 2014
Chevron USA Inc. v. County of Kern
Kern County Assessment Board properly adopts cost method in valuation of Chevron’s tax liability for new wells constructed between 2006 and 2009.
Taxation Nov. 19, 2014
Wilkerson v. Wheeler
At prisoner’s excessive force trial, court erroneously instructs jury that prisoner resisted officers without clarifying that resistance may not have been physical.
Prisoners Rights Nov. 18, 2014
Doe v. Harris
Californians Against Sexual Exploitation Act, which provided registration requirements for sex offenders in relation to their Internet usage, violates First Amendment.
Constitutional Law Nov. 18, 2014
Corber v. Xanodyne Pharmaceuticals Inc.
Class Action Fairness Act provides federal court jurisdiction over actions against pharmaceutical companies by plaintiffs who sought coordination ‘for all purposes.’
Civil Procedure Nov. 18, 2014
Gwartz v. Weilert
Appellate court refuses to hear sellers’ appeal of real estate fraud judgment against them, after they willfully violated trial court’s orders prohibiting money transfers.
Real Property Nov. 18, 2014
Lin v. Coronado
Alteration of deed to remove name of party that was listed without any percentage interest in residential property does not render subsequent deed void.
Real Property Nov. 17, 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 Nov. 17, 2014
Willis v. Prime Healthcare Services Inc.
Arbitration provision in employee’s individual employment agreement may be enforced when not inconsistent with collective bargaining agreement that covered employee.
Employment Law Nov. 17, 2014