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Name Category Published
LAOSD Asbestos Cases
Jury instruction stating that employers have a non-delegable duty to create a safe workplace did not create special burden for plaintiffs in establishing negligence of third party contractor. 		Civil Procedure Nov. 24, 2016
O.C., a Minor
Termination of parental rights over possible Indian children partly overturned due to noncompliance with ICWA and state law noticing requirements. 		Native American Affairs Nov. 24, 2016
People v. Mejia
Sentence based on husband's final act of assault on wife he tortured over three-month period must be stayed where act was part of entire course of conduct constituting torture. 		Criminal Law and Procedure Nov. 24, 2016
McNair v. City and County of San Francisco
Doctor - who had refused on good cause to certify patient's fitness for commercial driver's license - noticing DMV as to patient's cognitive impairment is protected under litigation privilege from tort claim. 		Civil Procedure Nov. 24, 2016
People v. Dekraai
Recusal of entire prosecutorial office upheld where office's conflict of interest with sheriff's department prevents it from fairly prosecuting defendant's penalty phase. 		Criminal Law and Procedure Nov. 24, 2016
Kase v. Metalclad Insulation Corporation
Navy insulation requirements implicitly requiring use of asbestos-laced product constitute 'reasonably precise specifications' under the government contractor defense. 		Civil Procedure Nov. 24, 2016
Oregon Coast Scenic Railroad v. Oregon Dept. of State Lands
State of Oregon's 'removal-fill law' is preempted by federal law as applied to repair work performed by contractor under agreement with federally regulated rail carrier. 		Constitutional Law Nov. 24, 2016
Parisi v. Mazzaferro
Order granting petition for civil harassment restraining order affirmed but remand ordered so that trial court can more precisely define scope of prohibited conduct. 		Constitutional Law Nov. 24, 2016
People v. Thiel
Mentally ill man fails to overturn convictions for elder abuse based on alleged instructional errors regarding jury's consideration of his mental incapacity. 		Criminal Law and Procedure Nov. 24, 2016
People v. Garcia
Section 3501's guarantee of parole opportunity at 25 years, among other factors, renders 32-year sentence of juvenile attempted murder defendant constitutional. 		Criminal Law and Procedure Nov. 24, 2016
Marriage of Wilson
Father ordered to pay child support arrears may be eligible for equitable relief as minor resided with father's parents for majority of childhood, not with mother. 		Family Law Nov. 24, 2016
People v. Ramos
Defendant's constitutional right to counsel violated when trial court involuntarily removed him from courtroom without appointing standby counsel to represent him during direct examination of key witness. 		Criminal Law and Procedure Nov. 22, 2016
Lubin v. The Wackenhut Corp.
Incorrect application of 'Wal-Mart Stores, Inc. v. Dukes' to decertify wage and hour class action results in reversal of decertification. 		Employment Law Nov. 22, 2016
In re Lambirth
30-day limit on appeals from classification committee decisions applies to submission of appeal, not receipt by correctional facility. 		Prisoners Rights Nov. 22, 2016
Antonick v. Electronic Arts Inc.
Source code developer for original Madden football game not entitled to royalties for Electronic Art's Sega and Nintendo versions of the popular game. 		Copyright Nov. 22, 2016
Newmaker v. City of Fortuna
In case alleging excessive force, summary judgment in favor of officer who fatally shot arrestee improper due to evidence contradicting officer's version of events. 		Civil Rights Nov. 22, 2016
People v. Quick
Person arrested for DUI may not defeat search incident to arrest by locking incriminating evidence inside his vehicle. 		Criminal Law and Procedure Nov. 22, 2016
Goles v. Sawhney
Average of three different appraisal determinations does not constitute 'fair value' for purposes of majority shareholders buyout to avoid corporate dissolution. 		Business Law Nov. 22, 2016
Anderson Union High Sch. Dist. v. Shasta Secondary Home Sch.
Resource center operated by nonclassroom-based charter school must be within confines of charter-granting school district under Charter Schools Act. 		Education Nov. 21, 2016
In re Carlos H.
In issuing restraining order against minor, juvenile court properly includes 'other orders' as set forth on Form No. JV-255. 		Juveniles Nov. 21, 2016
People v. Walker
Defendant not eligible for Proposition 47 relief due to murder conviction that came after earlier drug-related convictions otherwise eligible for resentencing. 		Criminal Law and Procedure Nov. 21, 2016
People v. Cruz Villagran
Sufficient evidence supports convictions of attempt to commit a lewd or lascivious act on a minor where defendant commits offense through medium of text messaging. 		Criminal Law and Procedure Nov. 21, 2016
Contreras v. Dowling
Attorney representing landlords prevails on anti-SLAPP motion in case brought by tenant alleging attorney aided and abetted wrongful conduct. 		Anti-SLAPP Nov. 21, 2016
People v. Guerra
Appellate division must comply with statutory requirement and issue brief statement of its reasons for overturning trial court's ruling, which does not conflict with court rule relieving it from having to issue written opinions. 		Criminal Law and Procedure Nov. 21, 2016
Horiike v. Coldwell Banker Residential Brokerage Co.
In dual agent transaction, associate licensee functioning on real estate broker's behalf owes 'equivalent' duty of disclosure as broker. 		Real Property Nov. 21, 2016
Gee v. Greyhound Lines Inc.
Motion for set aside of dismissal due to attorney error not motion for reconsideration requiring filing pursuant to Code of Civil Procedure Section 1008. 		Civil Procedure Nov. 21, 2016
Medical Marijuana Inc. v. ProjectCBD.com
Anti-SLAPP properly denied where complaint alleged no act on the part of movant in support for claims movant sought to strike. 		Anti-SLAPP Nov. 21, 2016
Z.G., a Minor
Reunification services not in surviving children's best interest where parents were subject to services bypass following child's death due to parental neglect. 		Dependency Nov. 20, 2016
Khosh v. Staples Construction Co. Inc.
General contractor not liable for injuries suffered by independent contractor's employee on either retained control or nondelegable duty theories. 		Torts Nov. 20, 2016
N.M. v. Superior Court (Contra Costa County Children and Family Services Bureau)
Mother's arguments to set aside order scheduling section 366.26 hearing unavailing, resulting in denial of petition. 		Juveniles Nov. 20, 2016
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