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Name Category Published
In the Matter of Spanish Peaks Holdings II LLC
District court properly authorizes sale of property in bankruptcy action free and clear of unexpired leases.
Bankruptcy 9th Jul. 14, 2017
People v. Jeffrey G.
Defendant erroneously denied transfer to conditional release program pursuant to ‘Sanchez,’ which substantially limited expert testimony on case-specific hearsay evidence.
Criminal Law and Procedure California Courts of Appeal Jul. 14, 2017
Cleveland National Forest Foundation v. San Diego Association of Governments
Regional planning agency does not abuse discretion by declining to include analysis of plan’s consistency with greenhouse gas emission goals set forth in governor’s executive order.
Environmental Law CASC Jul. 14, 2017
People v. Mendoza
Order
CASC Jul. 14, 2017
Voris v. Lampert
Order
CASC Jul. 14, 2017
Williams v. Superior Court (Marshalls CA LLC)
“Good cause” not required in order to gather information about potential PAGA action class members, where opposing party has burden to show relevancy of information requested.
Civil Procedure CASC Jul. 14, 2017
Snyder & Associates Acquisitions LLC v. United States
Order
9th Jul. 14, 2017
Deutsche Bank National Trust Co. v. Pyle
Subsequent purchaser does not qualify as bona fide purchaser where underlying action did not seek to quiet title and purchaser had record notice of bank’s deed.
Real Property California Courts of Appeal Jul. 14, 2017
Association for Los Angeles Deputy Sheriffs v. Superior Court (Los Angeles County Sheriff’s Dept.)
Union representing sheriff’s deputies successful in modifying injunction to prohibit disclosure of so-called ‘Brady’ list of deputies absent a granted ‘Pitchess’ motion.
Constitutional Law California Courts of Appeal Jul. 13, 2017
Modification: Santa Ana Police Officers Association v. City of Santa Ana
Police officers may maintain suit against police department alleging violation of Public Safety Officers Association Bill of Rights Act’s investigation and interrogation requirements.
Government California Courts of Appeal Jul. 13, 2017
People v. Carothers
Inmate’s out-of-state murder conviction is not ineligible for Prop 36 resentencing, where Texas conviction ‘might not have been a murder’ under California law.
Criminal Law and Procedure California Courts of Appeal Jul. 13, 2017
Los Angeles Unified School District v. Safety National Casualty Corp.
Motion to compel arbitration of LAUSD’s dispute with one of its insurer concerning the controversial Miramonte litigation properly denied pursuant to California’s arbitration procedures.
Arbitration California Courts of Appeal Jul. 13, 2017
People v. Turner
Evidence of defendant’s prior arrest properly admitted to impeach his claim that police ‘planted’ loaded firearm and ammunition in his duffel bag.
Criminal Law and Procedure California Courts of Appeal Jul. 12, 2017
Stone Creek Inc. v. Omnia Italian Design Inc.
In trademark infringement action, leather furniture manufacturer and seller successful in reversing defense judgment in favor of former business partner.
Intellectual Property 9th Jul. 12, 2017
Trevizo v. Berryhill
Administrative law judge erroneously denies disability claimant’s application for benefits by giving ‘little credit’ to treating physician’s uncontradicted medical opinion without providing specific, legitimate reasons.
Administrative Agencies 9th Jul. 11, 2017
Cassirer v. Thyssen-Bornemisza Collection Foundation
Relatives of German Jew forced to sell Camille Pissarro painting in 1939 successful in overturning summary judgment in favor of Spanish entity that purchased painting.
International Law 9th Jul. 11, 2017
Ayco Farms v. Ochoa
Not abuse of discretion for trial court to conduct forum non conveniens analysis by comparing proposed foreign forum with forum where state plaintiff brought claim, rather than with United States as a whole.
Civil Procedure 9th Jul. 11, 2017
Karczewski v. DCH Mission Valley LLC
Paraplegic plaintiff may maintain disability claim against auto dealership after it refused to install temporary vehicle hand controls on vehicle plaintiff wanted to test drive.
Disability Discrimination 9th Jul. 11, 2017
United States v. Salish Kootenai College Inc.
Tribes are ‘sovereign states’ and are therefore not considered ‘persons’ under the False Claims Act.
Native American Affairs 9th Jul. 11, 2017
Portland General Electric Co. v. Liberty Mutual Insurance Co.
District court’s error in deciding scope of arbitration clause results in vacated judgment and remand to allow arbitrator to settle dispute.
Arbitration 9th Jul. 11, 2017
U.S. v. Chavez-Cuevas
Sixteen-level sentence enhancement against repeat illegal border-crosser upheld where his prior robbery conviction in California constituted categorical crime of violence.
Criminal Law and Procedure 9th Jul. 11, 2017
Amended Opinion: Burton v. Infinity Capital Management
Attorney is not entitled to judicial immunity for preparing order to show cause for a judge on claim that order violated automatic stay provision of Bankruptcy Code.
Bankruptcy 9th Jul. 11, 2017
In re Albert C.
Juvenile found incompetent to stand trial cannot challenge length of his detention on due process grounds based on violation of court protocol limiting detention.
Juveniles CASC Jul. 11, 2017
Santa Ana Police Officers Association v. City of Santa Ana
Police officers may maintain suit against police department alleging violation of Public Safety Officers Association Bill of Rights Act’s investigation and interrogation requirements.
Government California Courts of Appeal - 4th District Jul. 10, 2017
Kumari v. The Hospital Committee for the Livermore-Pleasanton Areas
In medical malpractice action, letter sent by plaintiff’s attorney stating intent to sue cannot toll statute of limitations given plaintiff’s earlier letter expressing such intent.
Civil Procedure California Court of Appeal - 1st District Jul. 10, 2017
Partida v. U.S. Dept. of Justice (In re Partida)
Bankruptcy Code’s automatic stay provision does not prevent government from collecting criminal restitution under Mandatory Victims Restitution Act.
Bankruptcy 9th Jul. 10, 2017
U.S. ex rel. Campie v. Gilead Sciences Inc.
Former Gilead employees may proceed with False Claims Act lawsuit against pharmaceutical company involving its HIV drug production.
Government 9th Jul. 10, 2017
Menefield v. Board of Parole Hearings
Life inmate unsuccessfully challenges regulation allowing parole board to consider ‘serious misconduct in prison or jail’ in determining suitability for parole.
Criminal Law and Procedure California Courts of Appeal - 3rd District Jul. 10, 2017
Marketquest Group Inc. v. BIC Corp.
Summary judgment improperly granted to defendant in trademark action, where plaintiff adequately pleads cause of action for trademark infringement under reverse confusion theory of likely confusion.
Intellectual Property 9th Jul. 10, 2017
Espejo v. The Copley Press Inc.
In dispute over classification of newspaper delivery carriers, newspaper largely unsuccessful in challenging judgment in plaintiffs’ favor but successfully challenges class award, attorney fees and prejudgment interest.
Labor Law California Court of Appeal - 4th District Jul. 10, 2017