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Schoshinski v. City of Los Angeles
Summary judgment properly granted in city's favor, where plaintiffs' claims moot in light of payments received via settlement in different case.
Civil Procedure Mar. 16, 2017
People v. Phung
Juvenile offender's aggregate 40-years-to-life sentence passes constitutional muster in light of sentencing judge's individualized sentencing and opportunity for parole in the future.
Administrative Agencies Mar. 16, 2017
Flo & Eddie Inc. v. Pandora Media Inc.
Order
Mar. 16, 2017
ECC Capital v. Manatt, Phelps & Phillips
Arbitration award valid despite arbitrator's failure to disclose connection to attorney from defendant law firm in prior UDRP proceeding, as arbitrator was unaware of connection.
Arbitration Mar. 16, 2017
McClain v. Sav-On Drugs
Purchasers of diabetic supply cannot establish 'unique circumstance' that would warrant creation of new tax refund remedy under 'Javor.'
Taxation Mar. 15, 2017
People v. Cuiriz
27 year to life sentence for defendant who shot at her father's attackers is 'cruel and unusual' in light of defendant's mental state and lighter sentence for first degree murder under California law.
Criminal Law and Procedure Mar. 15, 2017
In re Kyle T.
Officer testimony about City's graffiti removal list is not enough to support felony vandalism conviction, as calculation that damage surpassed threshold $400 is not specific to case.
Juveniles Mar. 15, 2017
Ivanoff v. Bank of America N.A.
Although court incorrect in concluding claims are barred by res judicata, demurrer properly sustained based on statute of limitations ground.
Real Property Mar. 15, 2017
People v. Salas
Residential security expenses not recoverable as restitution where husband's conviction for bashing wife's head against floor did not constitute violent felony.
Criminal Law and Procedure Mar. 15, 2017
Atkins v. City of Los Angeles
City employer liable for failure to provide reasonable accommodation to injured police recruits, but wins partial victory by securing new trial on future economic damages.
Disability Discrimination Mar. 15, 2017
Wilson v. County of Napa
Proponents of proposed initiative measure unsuccessful in placing measure on ballot due to failure to comply with 'full text' requirement of Elections Code section 9101.
Elections Mar. 15, 2017
People v. Superior Court (Lara)
'Cause' and law of case created where petition for emergency stay denied with merits opinion, even where no order to show cause is issued, so long as 'Palma' notice provided.
Constitutional Law Mar. 15, 2017
Walent v. Commission on Professional Competence of the LAUSD (Los Angeles Unified School District)
Employee who prevails before Commission on Professional Competence may recover reasonable attorney fees under lodestar analysis, and is not limited by statute to fees actually incurred.
Education Mar. 15, 2017
U.S. v. Rodriguez
Drug trafficker's motion to suppress wiretap evidence properly denied although district judge erred in reviewing affidavits under wrong standard where wiretaps were necessary.
Criminal Law and Procedure Mar. 15, 2017
Park v. Thompson
Civil suit alleging detective intimidated witness into not testifying for defense still actionable despite criminal acquittal as third-party culpability defense was hampered when witness refused to testify.
Civil Rights Mar. 15, 2017
U.S. v. Job
Failure to suppress unlawfully obtained evidence results in vacated conviction for possession with intent distribute methamphetamine.
Criminal Law and Procedure Mar. 15, 2017
Tavares v. Whitehouse
Temporary banishment from tribal land is not 'detention' sufficient to invoke federal habeas jurisdiction under Indian Civil Rights Act.
Native American Affairs Mar. 15, 2017
In re Hannah D.
Father's failure to challenge order terminating reunification services, via petition for extraordinary writ, precludes review of order via appeal from subsequent order terminating parental rights.
Dependency Mar. 14, 2017
People v. Acuna
Non-hearsay evidence supporting finding that civil defendants were members of criminal street gang establishes that trial court was not convinced of membership by hearsay statements alone.
Civil Procedure Mar. 14, 2017
Omidi v. United States
Requirement to provide notice of seized funds within 60 days in forfeiture proceedings only applicable to nonjudicial proceedings, as property owners have recourse in courts in judicial proceedings.
Statutory Interpretation Mar. 14, 2017
Oskoui v. J.P. Morgan Chase Bank N.A.
Victim of Chase's 'unconscionable' loan modification process obtains relief from summary judgment entered in favor of Chase involving allegations of fraudulent business practices.
Consumer Law Mar. 14, 2017
U.S. v. Perkins
Reckless omission of material information from search warrant application results in reversal of conviction of receipt of child pornography.
Criminal Law and Procedure Mar. 14, 2017
Johnny W. v. Superior Court
Challenge of presiding judicial officer filed after trial court's order temporarily removing minor from father's custody not untimely as trial court had not yet resolved conflicting factual contentions.
Administrative Agencies Mar. 13, 2017
People v. Cervantes
Prop. 57 mandates 'fitness' hearing for retrial or resentencing of juvenile's overturned felony convictions that were directly tried in adult court.
Juveniles Mar. 13, 2017
U.S. v. Martinez
Judge's failure to consult defendant's counsel before responding to jury note violates defendant's statutory and constitutional rights, resulting in vacated sentence and remand.
Criminal Law and Procedure Mar. 13, 2017
People v. Cook
Prior strike conviction for assault to commit rape does not automatically render petitioner ineligible for resentencing under Three Strikes Reform Act.
Criminal Law and Procedure Mar. 13, 2017
Glassdoor, Inc. v. Superior Court (Machine Zone)
Former employee's anonymous posts on review website do not constitute prima facie breach of confidentiality agreement, meriting reversal of order compelling website to reveal employee's identity.
Civil Procedure Mar. 13, 2017
Yale v. Bowne
In legal malpractice action concerning preparation of estate plan, jury properly instructed on comparative fault where client's own conduct contributed to her harm.
Attorneys Mar. 13, 2017
People v. Reese
Denial of indigent criminal defendant's request for additional transcripts from prior trial does not warrant reversal where denial was only partial.
Criminal Law and Procedure Mar. 10, 2017
Gateway Community Charters v. Spiess
Charter school operator is not exempt from waiting time penalties because it does not bear defining characteristics that qualify entity as 'other municipal corporation.'
Labor Law Mar. 10, 2017