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Name Category Published
Mahrt v. Beard
Habeas petition not barred by guilty plea, as appellate court finds that 'Tollett' decision allows petitions alleging pre-plea ineffective assistance of counsel claims unrelated to plea-deal advice. 		Civil Rights Mar. 2, 2017
Haniff v. Superior Court (Hohman)
Plaintiff may not be compelled to undergo a defense vocational rehabilitation examination, a discovery method not expressly authorized in the Civil Discovery Act. 		Civil Procedure Mar. 2, 2017
Bank of New York Mellon v. Citibank
Trial court improperly found three year statute of limitations applied to claims for equitable subrogation as Code of Civil Procedure, outlining limitations, applies to causes of statutory liability. 		Securities Mar. 2, 2017
Lemke v. Sutter Roseville Medical Center
Summary judgment affirmed, where employer's statements made about employee to nursing board absolutely privileged, thus barring defamation claim. 		Torts Mar. 1, 2017
People v. Malago
Although court abuses discretion in failing to rule on defendant's objections to mandatory supervision conditions, reversal not required because there is no finding of prejudice. 		Criminal Law and Procedure Mar. 1, 2017
People v. Jackson
Indigent defendants not entitled to choice of judge for 'Marsden' hearing, rendering hearing transfer meant to protect defendant from prejudice in bench trial appropriate. 		Criminal Law and Procedure Mar. 1, 2017
Ramsey v. Muna
Commonwealth of the Northern Mariana Islands enjoys sovereign immunity in suit alleging contract and tort claims under Commonwealth law. 		Immunity Mar. 1, 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. 		Administrative Agencies Mar. 1, 2017
Pini v. Fenley
Where election results in majority vote-getter ascending to office, said election is 'general', not 'primary,' and challenges are subject to 30-day statute of limitation. 		Civil Procedure Mar. 1, 2017
Artis v. District of Columbia
Whether the tolling provision in 28 U.S.C. §1367(d) suspends the limitations period for the state-law claim while the claim is pending and for 30 days after the claim is dismissed, or whether the tolling provision does not suspend the limitations period but merely provides 30 days beyond the dismissal for the plaintiff to refile. 		Feb. 28, 2017
Hamer v. Neighborhood Housing
Order 		Feb. 28, 2017
Wilson v. Sellers
Did this Court's decision in Harrington v. Richter, 562 U.S. 86 (2011), silently abrogate the presumption set forth in Ylst v. Nunnemaker, 501 U.S. 797 (1991)-that a federal court sitting in habeas proceedings should "look through" a summary state court ruling to review the last reasoned decision - as a slim majority of the en banc Eleventh Circuit held in this case, despite the agreement of both parties that the Ylst presumption should continue to apply? 		Feb. 28, 2017
Independence Institute
Order 		Feb. 28, 2017
Compassion Over Killing v. FDA
Summary judgment properly granted in federal agencies' favor, where agencies acted reasonably in denying plaintiffs' rulemaking petitions regarding egg carton labeling. 		Administrative Agencies Feb. 28, 2017
G.W. Palmer & Co. Inc. v. Agricap Financial Corp.
'Boulder Fruit' controls suit involving alleged breach of the Perishable Agricultural Commodities Act, shielding third party from liability for distributor's failure to pay growers. 		Contracts Feb. 28, 2017
L.J. v. Pittsburg Unified School District
Student and mother win reversal of judgment in school district's favor where student eligible for special education services under Individual with Disabilities Education Act. 		Education Feb. 28, 2017
U.S. v. Lindsey
Evidence of broad industry standards pertaining to mortgage applications with false financial information may be introduced to challenge materiality of such information in wire fraud case. 		Evidence Feb. 28, 2017
Central Coast Forest Association v. Fish and Game Commission
Reversal on procedural grounds improper, where court of appeals unduly limited remedy avenues for plaintiffs seeking delisting of species on California's Endangered Species Act. 		Civil Procedure Feb. 28, 2017
People v. Profitt
'Valentine/Sapp' rule precludes bifurcation of defendant's felony and misdemeanor DUI charges where misdemeanor counts include prior misdemeanor convictions as elements of the crime. 		Criminal Law and Procedure Feb. 28, 2017
Melamed v. Cedars-Sinai Medical Center
Anti-SLAPP motion properly granted in retaliation case in which plaintiff complained to hospital about lack of equipment after his suspension proceedings had commenced. 		Anti-SLAPP Feb. 28, 2017
People v. Delgado
On automatic appeal from death sentence, judgment affirmed in entirety where none of defendant's contentions have merit. 		Criminal Law and Procedure Feb. 28, 2017
O'Neal v. Stanislaus County Employees' Retirement Association
Retirement board's transfer of funds to lower employee contribution costs gives rise to fiduciary breach claims warranting reversal of summary judgment granted in its favor. 		Employment Law Feb. 27, 2017
Rhule v. WaveFront Technology Inc.
Absence of adequate record of what occurred at key hearings hobbles plaintiff's appeal of trial court's grant of defendant's attorney fees motion. 		Civil Procedure Feb. 27, 2017
Bates v. Bankers Life and Casualty Co.
Appeal over district court order striking class allegations dismissed where plaintiffs failed to use either one of two procedural avenues for appealing such orders. 		Civil Procedure Feb. 27, 2017
Bates v. Bankers Life and Casualty Co.
Order 		Feb. 27, 2017
People v. Khamvongsa
Completion of sentence for felony conviction that had been reclassified as misdemeanor does not disqualify petitioner for relief under Penal Code Section 1203.4a. 		Criminal Law and Procedure Feb. 27, 2017
People v. Lopez
Defendant's challenge to carjacking conviction unavailing, where there is sufficient evidence that vehicle was taken 'by means of force.' 		Criminal Law and Procedure Feb. 27, 2017
Finch Aerospace Corp. v. City of San Diego
City not immune from slander of title suit, but demurrer nevertheless properly sustained as plaintiff failed to state claim for slander of title. 		Immunity Feb. 27, 2017
People v. Learnard
Was the trial court's decision that defendant's prior conviction constituted a strike incompatible with Descamps v. U.S. (2013) 570 U.S. __ (133 S.Ct. 2276) because the trial court relied on judicial fact-finding beyond the elements of the actual prior conviction? 		Feb. 24, 2017
Vieira Enterprises Inc. v. McCoy
Termination of neighbor's recorded right of way in private road unsuccessful, where plaintiff's occupation is not sufficiently hostile to establish quiet title via adverse possession. 		Real Property Feb. 24, 2017
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