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Name Category Published
Professional Collection Consultants v. Lauron
Summary judgment on grounds of statute of limitations improperly granted in debtor's favor where debtor failed to establish when debt collector's action accrued.
Consumer Law Feb. 21, 2017
State of Washington v. Trump
Order
Feb. 21, 2017
People v. Diaz
Reclassification of prior felony conviction under Prop. 47 does not preclude its use to support sentence enhancement where judgment on prior conviction had been final.
Criminal Law and Procedure Feb. 17, 2017
Doe v. State of California
Anti-SLAPP motion properly granted in state's favor, where plaintiffs' causes of action arose from protected activity and plaintiffs did not show probability of prevailing.
Anti-SLAPP Feb. 17, 2017
People v. Clark
Petitioner not entitled to hearing on constitutional validity of prior 'strike' conviction on motion for resentencing under the Three Strikes Reform Act.
Criminal Law and Procedure Feb. 17, 2017
Secci v. United Independent Taxi Drivers Inc.
Controls imposed by public regulations may be considered in finding agency relationship between taxi company and its drivers, supporting jury verdict on agency theory.
Torts Feb. 17, 2017
Argentieri v. Zuckerberg
Anti-SLAPP motion properly granted where defendants' general counsel's statement to press accusing plaintiff-attorney of wrongdoing is protected under fair and true reporting privilege.
Anti-SLAPP Feb. 17, 2017
People v. Superior Court (Morales)
Under Penal Code section 1054.9, superior court has jurisdiction to grant motion to preserve evidence relating to capital case that is pending review on automatic appeal.
Criminal Law and Procedure Feb. 17, 2017
Roy Allan Slurry Seal Inc. v. American Asphalt South Inc.
Disappointed bidder cannot maintain wrongful interference with public contract claim because bid submission does not create contractual relationship between it and public entities.
Torts Feb. 17, 2017
People v. Black
Individualized loan with promissory note establishing term of repayment not 'security' under state or federal law.
Securities Feb. 17, 2017
People v. Alsafar
MDOs, SVPs and NGIs are similarly situated with respect to the testimonial privilege for purposes of equal protection; dismissal nevertheless warranted where offender subsequently recommitted without being compelled to testify.
Criminal Law and Procedure Feb. 17, 2017
Southern California Sunbelt Developers Inc. v. Banyan Ltd. Partnership
Reversal of order granting motion to tax costs required where trial court erroneously concludes it lacks authority to award receivership fees to prevailing parties.
Civil Procedure Feb. 17, 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 Feb. 17, 2017
Sanchez v. Kern Emergency Medical Transportation Corp.
Summary judgment in favor of ambulance company affirmed, where plaintiff's expert witness' statements properly excluded and plaintiff cannot demonstrate triable issue of material fact.
Evidence Feb. 17, 2017
People v. Dillard
Additional probation conditions mandated by Penal Code Section 1203.067 are not direct consequences of defendant's open plea and does not require pre-plea 'Bunnell' advisement.
Criminal Law and Procedure Feb. 16, 2017
McGinnis v. Superior Court (People)
Motion for post-conviction discovery may not be denied solely due to habeas petitioner's inability to pay for copies of materials in advance.
Criminal Law and Procedure Feb. 16, 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 Feb. 16, 2017
People v. Superior Court (Corbett)
Evidence obtained in unlawful search properly suppressed as evidence would not likely be found during second, warrant-based search, which was supported by firearms discovered during first search.
Criminal Law and Procedure Feb. 16, 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 Feb. 16, 2017
Hamilton v. Orange County Sheriff’s Dept.
Denial of parties' stipulation to continue hearing on summary judgment motion and trial constitutes abuse of discretion where plaintiff showed good cause for continuance.
Civil Procedure Feb. 16, 2017
Samara v. Matar
In malpractice case, summary judgment in favor of one dentist does not bar plaintiff from continuing action against other dentist, where both claim and issue preclusion inapplicable.
Torts Feb. 16, 2017
Wharton v. Schwartzer (In re Wharton)
Debtors' claimed exemption to classic car properly denied where it was subject to avoidance and recovery in light of creditor's unperfected security interest.
Bankruptcy Feb. 15, 2017
Herklotz v. Parkinson
Judgment vacated and remand ordered, where California district court lacks jurisdiction over state law crossclaims after grant of summary judgment in original Pennsylvania diversity action.
Civil Procedure Feb. 15, 2017
People v. Presley
Mentally disordered offender forfeits right to jury trial on discharge from outpatient program by being absent from trial court hearing on matter.
Criminal Law and Procedure Feb. 15, 2017
Breanna S., a Minor
Termination of parental rights proper where mother failed to establish parent-child relationship exception given failed reunification and sporadic visits to children.
Dependency Feb. 15, 2017
Jones v. Whisenand
'Actual innocence' requirement for legal malpractice claim does not apply to Sexually Violent Predator Act proceedings especially where offender's SVPA proceedings remain pending.
Attorneys Feb. 14, 2017
Mercury Casualty Insurance Co. v. Jones
Insurance company unsuccessful in challenging Insurance Commissioner's decision rejecting its application for an increase on its homeowners' insurance rates.
Insurance Feb. 14, 2017
Geraghty v. Shalizi
Stipulated settlement between landlord and tenant releasing landlord from future claims in return for $25,000 valid under SF Residential Rent Stabilization and Arbitration Ordinance.
Municipal Law Feb. 14, 2017
Grace P., a Minor
Juvenile court errs in denying father's request for contested selection and implementation hearing on beneficial parent-child relationship exception to termination of parental rights.
Dependency Feb. 14, 2017
People v. Price
Co-defendants' plea deals for voluntary manslaughter not legally inconsistent with defendant's conviction of murder, as manslaughter is lesser included offense.
Criminal Law and Procedure Feb. 13, 2017