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Name Category Published
Pack v. S.C. (City of Long Beach)
Order
Aug. 24, 2012
People v. Schoenbachler
Order
Aug. 24, 2012
People v. Fulton
Order
Aug. 24, 2012
Leung v. Verdugo Hills Hospital
Common law 'release rule' is no longer applicable in California because of unjust result where brain damaged child would only be compensated for fraction of damages.
Torts Aug. 24, 2012
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. 24, 2012
Lickiss v. Financial Industry Regulatory Authority
In evaluating whether to expunge securities broker's records, court fails to consider equitable principles by adopting criteria of FINRA rule instead.
Securities Aug. 24, 2012
Marriage of Left
'Commitment ceremony' that resembles valid remarriage, but does not involve issuance of marriage license, is not valid ground for termination of spousal support order.
Family Law Aug. 24, 2012
Peter-Palican v. Government of The Commonwealth of the Northern Mariana Islands
Special assistant to former governor of Commonwealth of Northern Mariana Islands is not protected from termination without cause once new governor takes office.
Civil Rights Aug. 23, 2012
U.S. v. H.B.
Defendant is correctly adjudged to be juvenile delinquent where he aided and abetted sexual abuse by holding victim's leg down.
Juveniles Aug. 23, 2012
Frost v. Boening
Trial court’s restriction on defense counsel's closing argument does not constitute structural error that would warrant automatic reversal.
Criminal Law and Procedure Aug. 23, 2012
Anthony T., a Minor
Minor's placement in foster care with Indian family is not within reasonable proximity to child's home because it would cause geographic barrier to visitation with mother.
Native American Affairs Aug. 23, 2012
McGuire v. Employment Development Dept.
Plaintiff does not qualify for extended unemployment benefits because base period used to determine eligibility is same as period used to determine regular benefits.
Employment Law Aug. 23, 2012
People v. Cuellar
Although pattern instruction for continuous sexual abuse of child was problematic, any deficiencies are harmless given overwhelming evidence of defendant’s guilt.
Criminal Law and Procedure Aug. 23, 2012
People v. Lopez
Sentence of seven years for conviction for attempting to dissuade witness for benefit of gang is improper because defendant did not threaten force.
Criminal Law and Procedure Aug. 23, 2012
Howard Entertainment Inc. v. Kudrow
In breach of contract claim, expert’s declaration regarding custom and usage in entertainment industry is erroneously excluded for lack of foundation.
Contracts Aug. 23, 2012
People v. Johnson
Two-year concurrent sentence based on enhancement for committing offense while on felony bail is stricken because punishment was contrary to statute.
Criminal Law and Procedure Aug. 23, 2012
Smith v. Smith
Family court order redacting references to father’s juvenile record and refusing to destroy reports is proper where reports were completed before sealing of record.
Family Law Aug. 23, 2012
H.R., a Minor
In absence of finding that tribal customary adoption would be detrimental to child, juvenile court must select such adoption as permanent plan.
Native American Affairs Aug. 22, 2012
People v. Robertson
Evidence is sufficient to support conviction for aggravated kidnapping for purpose of committing rape where defendant moved victim from back of garage to front.
Criminal Law and Procedure Aug. 22, 2012
Center for Biological Diversity v. Salazar
Regulations authorizing incidental take of marine mammals due to oil and gas exploration are permissible because anticipated impact is negligible.
Environmental Law Aug. 22, 2012
U.S. v. Dreyer
District court commits plain error by failing to order competency hearing sua sponte despite record raising genuine doubt regarding defendant’s competency.
Criminal Law and Procedure Aug. 22, 2012
People v. Rodriguez
Appeal must be dismissed where defendant challenged validity of nolo contendere plea, but failed to obtain certificate of probable cause.
Criminal Law and Procedure Aug. 22, 2012
Barroso v. Ocwen Loan Servicing LLC
Trial court errs in sustaining demurrer without leave to amend where plaintiff adequately alleged existence of valid contract for home loan modification.
Real Property Aug. 22, 2012
Robinson v. City and County of San Francisco (T-Mobile West Corp.)
Project to place wireless telecommunications equipment on existing utility poles throughout city is exempt from review under California Environmental Quality Act.
Environmental Law Aug. 22, 2012
Christian P., a Minor
Agency’s reports containing hearsay statements attesting to mother’s drug abuse is admissible evidence upon which dependency jurisdictional finding may be based.
Juveniles Aug. 22, 2012
U.S. v. McTiernan
Court properly declines to suppress intercepted recording where defendant failed to prove that recording was made for unlawful purpose.
Criminal Law and Procedure Aug. 21, 2012
Cook Inlet Region Inc. v. Rude
Federal court has jurisdiction over claim alleging that solicitation materials violated state law incorporated into Alaska Native Claims Settlement Act.
Native American Affairs Aug. 21, 2012
LeFiell Manufacturing Co. v. Superior Court (Watrous)
Spouse cannot assert derivative loss of consortium claim for husband's non-fatal power press injury because it is barred by workers' compensation law.
Workers' Compensation Aug. 21, 2012
Entin v. Superior Court (Provident Life and Accident Insurance Co.)
Insured is entitled to jury trial where insurer's claim for declaratory relief raised questions regarding contractual rights under policy, which are legal in nature.
Insurance Aug. 21, 2012
Comerica Bank v. Howsam
Domestic disclosure rules are inapplicable when arbitrator made disclosure after proceedings commenced in international arbitration matter.
Civil Procedure Aug. 21, 2012