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Name Category Published
State of Washington v. Trump
Ninth Circuit upholds order enjoining enforcement of President Trump's Executive Order that temporarily prohibited entry to individuals coming from seven predominantly Muslim countries.
Feb. 13, 2017
Leighton v. Forster
Attorney unsuccessful in overturning summary judgment in favor of purported client, where unsigned attorney fee contract renders contract unenforceable.
Attorneys Feb. 13, 2017
Saleh v. Bush
Officials from former President Bush's administration are immune from suit accusing them of violating Alien Tort Statute for engaging in Iraq war.
Immunity Feb. 13, 2017
Safari Club International v. Rudolph
Although invasion of privacy claims arise from activity defendant took in furtherance of right to free speech, anti-SLAPP motion properly denied because plaintiffs demonstrated probability of prevailing.
Anti-SLAPP Feb. 13, 2017
People v. Watson
Sentence of life without possibility of parole imposed on juvenile homicide offender following resentencing hearing upheld, where defendant's constitutional challenges lack merit.
Criminal Law and Procedure Feb. 13, 2017
Blanchette v. Superior Court (GHA Enterprises Inc.)
In construction defect cases, builder must promptly raise defects in notice of claim within time specified under Right to Repair Act.
Real Property Feb. 13, 2017
In re Miles
Defendant obtains habeas relief after spending 19 years in prison pursuant to recently amended Penal Code Section 1473 though he would not have qualified under previous standard.
Criminal Law and Procedure Feb. 13, 2017
People v. Lowery
Amount written on forged check does not necessarily determine 'value' for purposes of misdemeanor classification under Penal Code Section 473.
Criminal Law and Procedure Feb. 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 Feb. 10, 2017
People v. Bush
Self-represented defendant unsuccessful in challenging convictions, where he knowingly and intelligently waived his right to counsel.
Criminal Law and Procedure Feb. 10, 2017
Jacobs v. Locatelli
Trial court erred in sustaining demurrer as plaintiff alleged ability to produce evidence of 'written agency agreement' between defendant parties in response to statute of frauds defense.
Contracts Feb. 10, 2017
People v. Nichols
Victim's parents' request for restitution not subject to doctrine of comparative negligence in case in which victim's excessive speeding was 'substantial factor' in his death at hands of drunk driver.
Criminal Law and Procedure Feb. 10, 2017
People v. Hall
Explicit knowledge requirement not constitutionally mandated for probation conditions that bar defendants from possessing firearms or illicit drugs because knowing possession is implicit.
Criminal Law and Procedure Feb. 10, 2017
Design Data Corp. v. Unigate Enterprise Inc.
In copyright infringement dispute, summary judgment in favor of defendant reversed in part where genuine issue of material fact exists regarding unauthorized downloading claim.
Copyright Feb. 10, 2017
Citizens for Odor Nuisance Abatement v. City of San Diego
City beats public nuisance case relating to noxious sea lion odors, where there is no triable issue as to causation.
Civil Procedure Feb. 10, 2017
Daniel v. Wayans
Actor-producer prevails in racial discrimination lawsuit filed by movie extra accusing actor of comparing him to a cartoon character and calling him a derogatory term.
Anti-SLAPP Feb. 10, 2017
In re M.R.
Juvenile court appropriately grants presumed father status to man, despite lack of continuous living arrangement, due to strong relationship with minor.
Family Law Feb. 10, 2017
Vasserman v. Henry Mayo Newhall Memorial Hospital
Arbitration properly denied where collective bargaining agreement did not include clear and unmistakable waiver of plaintiff's right to judicial forum for statutory claims.
Arbitration Feb. 9, 2017
Medina v. GEICO Indemnity Co.
Summary judgment properly granted in insurance company's favor, where employee's personal automobile policy does not cover 'non-owned' van furnished by her employer for her regular use.
Insurance Feb. 9, 2017
Marriage of Schleich
Award for husband's breaches of fiduciary duty under Family Code Section 1101 overturned where post-separation disclosure violations had no impact on community estate.
Family Law Feb. 9, 2017
People v. Martinez
Statute requiring restitution for victims of Penal Code Section 288 includes victims of Section 288.5, as bar on Section 288.5 victims would be 'absurd.'
Criminal Law and Procedure Feb. 9, 2017
Cuenca v. Cohen
Stipulated judgments involving now-dissolved redevelopment agency does not require successor agency to release unencumbered funds for new low-income housing projects.
Government Feb. 8, 2017
Just Film v. Buono
Despite differences in injury, representative makes showing that broad scheme of fraud by companies leasing credit card machines is common to members of class, meeting certification requirements.
Civil Procedure Feb. 8, 2017
U.S. v. Peralta-Sanchez
Due process does not require alien be offered opportunity to secure counsel in context of expedited removal proceeding under 8 U.S.C. section 1225.
Criminal Law and Procedure Feb. 8, 2017
U.S. v. Loucious
Suppression motion erroneously granted where officer's 'Miranda' warnings, though not verbatim, reasonably conveyed suspect's right to an attorney prior to custodial questioning.
Criminal Law and Procedure Feb. 8, 2017
Prather v. AT&T
Relator plaintiff with speculative information regarding telecom companies' overcharging for surveillance services is not an 'original source' for purposes of FCA suit alleging claims in public domain.
Government Feb. 7, 2017
County of Imperial Treasurer-Tax Collector v. Stadmueller (In re RW Meridian LLC)
Debtor retains equitable and legal rights to property though its right to redeem has lapsed; postpetition tax sale therefore void for violating automatic stay.
Bankruptcy Feb. 7, 2017
People v. Frutoz
Defendant convicted of possession of firearm by a felon is not entitled to resentencing, where finding he was armed with firearm during commission of offense is disqualifying.
Criminal Law and Procedure Feb. 7, 2017
Stella v. Asset Management Consultants Inc.
Judicial referee properly dismissed investor's fraud and related claims given sophisticated investor's failed attempt to assert delayed discovery rule concerning seller-paid commissions.
Civil Procedure Feb. 7, 2017
N.S. v. Superior Court (Alameda County Social Services Agency)
Petition for writ of mandate granted in non-minor dependent's favor, where juvenile court should not have required dependent's psychotherapist to testify as to confidential communications.
Juveniles Feb. 7, 2017