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Name Category Published
Ellis v. Toshiba America Information Systems Inc.
Attorney who requested exorbitant fees after settling class action and refused to cooperate with court-ordered discovery must pay monetary sanctions.
Civil Procedure Aug. 15, 2013
Thrifty Payless Inc. v. The Americana at Brand LLC
Tenant may sue Americana at Brand shopping center for providing it with inaccurate estimates regarding what its share of rental costs would be before entering lease.
Real Property Aug. 15, 2013
King v. Wu
Property owners may use strip of driveway on neighbors’ property although neighbors asserted their property had been rented out for over 40 years.
Real Property Aug. 15, 2013
D.N., a Minor
Juvenile court may terminate parental rights to Indian children after sending notices to tribes, which informed court that children were ineligible for membership.
Native American Affairs Aug. 15, 2013
D.N., a Minor
Juvenile court may terminate parental rights to Indian children after sending notices to tribes, which informed court that children were ineligible for membership.
Native American Affairs Aug. 15, 2013
In re Brown
Trial court improperly doubles sentence due to improper admission of prior juvenile adjudication that did not qualify as strike under three strikes law.
Criminal Law and Procedure Aug. 15, 2013
Dunex Inc. v. City of Oceanside
City may deny application to convert mobilehome park from rental subdivision to individual ownership due to failure to comply with local coastal program.
Real Property Aug. 14, 2013
Cordoba v. Holder
Colombian citizen's asylum application should be reconsidered because he and his family were targeted by extremist group due to wealth and landownership.
Immigration Aug. 14, 2013
Salameh v. Tarsadia Hotel
Purchasers of condominium units in mixed-use San Diego Hard Rock Hotel may not sue for securities violations because they were not sold securities.
Securities Aug. 14, 2013
Urbino v. Orkin Services of California Inc.
Federal court may not decide action under Private Attorneys General Act of 2004 because employers combined penalties to invoke federal jurisdiction.
Employment Law Aug. 14, 2013
U.S. v. Garcia
Defendant’s conviction for involuntary manslaughter is overturned where jury instructions did not require finding of gross negligence, an essential element of involuntary manslaughter.
Criminal Law and Procedure Aug. 14, 2013
In re Complaint of Judicial Misconduct
Order
Aug. 14, 2013
State Farm General Insurance Co. v. WCAB
Workers’ compensation insurer cannot sue other insurer for reimbursement in relation to decades-old claim for failure to seek judicial review of prior decisions.
Workers' Compensation Aug. 14, 2013
California Building Industry Association v. Bay Area Air Quality Management District
Air quality management district does not have to conduct environmental review before publishing new thresholds for determining impacts of future projects.
Environmental Law Aug. 14, 2013
D.B., a Minor
Juvenile court may take away parents' visitation rights after evidence showed that children, after years, continued to respond negatively to visits from parents.
Juveniles Aug. 13, 2013
Nordeen v. Bank of America N.A. (In re Nordeen)
Borrowers are not entitled to relief following default on promissory note because securitization of their loan contract did not render trust deed unenforceable.
Bankruptcy Aug. 13, 2013
American Nurses Association v. Torlakson
Unlicensed school personnel may administer insulin to diabetic children in accordance with statements of student's parents and treating physician.
Education Aug. 13, 2013
Elk Hills Power LLC v. Board of Equalization
Board of Equalization may not tax power plant for emission reduction credits because such credits are exempt from taxation as intangible assets.
Taxation Aug. 13, 2013
Progressive Choice Insurance Co. v. California State Automobile Association Inter-Insurance Bureau
After accident with underinsured driver, both insurance companies with policies covering injured passenger must pay pro-rata share of insurance payment.
Insurance Aug. 13, 2013
People v. Williams
Contractor escapes convictions for impairing fire protection systems because he did not specifically intend to impair systems’ effective operation.
Criminal Law and Procedure Aug. 12, 2013
Glaski v. Bank of America
Borrower may sue bank for wrongful foreclosure where attempted transfer of loan to securitized trust occurred after trust’s closing date.
Real Property Aug. 12, 2013
POET LLC v. California Air Resources Board
Agency’s approval of regulations aimed at reducing carbon content of fuels in California is premature, but regulations are allowed to remain operative.
Environmental Law Aug. 12, 2013
Cabantac v. Holder
In determining removability due to controlled substance offense, appeals court may consider facts alleged in count specified in abstract of judgment.
Immigration Aug. 12, 2013
People v. Barao
Trial court properly refuses to approve proposed plea bargain to reduce sentence by more than 30 years in case involving murder, firearm use and robbery.
Criminal Law and Procedure Aug. 12, 2013
Acme Steel v. WCAB
WCAB must determine what percentage of employee's hearing loss was caused by occupational factors before awarding total disability.
Workers' Compensation Aug. 12, 2013
City of Perris v. Stamper
Jury must consider value of parcel before city takes parcel for new truck route because city wanted owners to dedicate parcel to city.
Real Property Aug. 12, 2013
People v. Maciel
Gang member who was involved in murders of five victims may not challenge death sentence based on right to seek advice of Mexican consulate.
Criminal Law and Procedure Aug. 9, 2013
People v. Martinez
Mexican citizen may overturn conviction by proving he would have rejected plea bargain if he had known of its adverse immigration consequences.
Criminal Law and Procedure Aug. 9, 2013
Natural Resources Defense Council Inc. v. County of Los Angeles
Los Angeles County violates Clean Water Act because monitoring data showed that pollutants in stormwater exceeded allowed levels under permit.
Environmental Law Aug. 9, 2013
U.S. v. Thomas
Government’s disclosure of heavily redacted records regarding drug-detection dog’s training and experience is deficient.
Criminal Law and Procedure Aug. 9, 2013