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Name Category Published
In the Matter of EPD Investment Co.
Bankruptcy court has discretion to decide motion to compel arbitration and does not abuse its discretion by denying it.
Bankruptcy May 10, 2016
Gimenez v. Ochoa
Father's murder conviction upheld in connection with infant daughter's death due to shaken baby syndrome.
Criminal Law and Procedure May 10, 2016
Brown v. Deutsche Bank National Trust Co.
Defaulting borrower lacks standing to preemptively challenge bank's authority to foreclose on her property.
Real Property May 10, 2016
People v. Landau
Pedophile obtains relief from order recommitting him as sexually violent predator due to court's prejudicial error in admitting 'massive amount of inadmissible hearsay.'
Criminal Law and Procedure May 9, 2016
People v. Johnston
Vehicle Code offense that allows, and continues to allow punishment as misdemeanor or felony, is ineligible for retrospective resentencing relief under Penal Code Section 1170.18.
Criminal Law and Procedure May 9, 2016
U.S. v. Lee
Prior convictions are not "crime of violence" under residual clause of Section 4B1.2(a)(2) of United States Sentencing Guidelines, resulting in vacated sentence and remand.
Criminal Law and Procedure May 9, 2016
Rishor v. Ferguson
Denial of habeas relief reinstated where district court erroneously determined that defendant, who validly waived counsel at first trial, was entitled to second waiver of counsel hearing on remand.
Criminal Law and Procedure May 9, 2016
U.S. v. Vega-Ortiz
Denial of motion to dismiss information charging defendant with being deported alien found in United States proper where prior convictions qualify as aggravated felonies.
Criminal Law and Procedure May 9, 2016
Trueblood v. WSDSHS
Seven-day requirement for competency evaluations to be performed not constitutionally-required by Due Process Clause.
Constitutional Law May 9, 2016
Daza v. Los Angeles Community College District
Former guidance counselor may maintain reimbursement claim against Los Angeles Community College District concerning lawsuit accusing him of sexually assaulting a student.
Torts May 9, 2016
McGee v. Balfour Beatty Construction LLC
Partial reversal of judgment of dismissal in case challenging lease-leaseback construction contracts warranted where plaintiffs allege conflict of interest cause of action.
Education May 6, 2016
People v. Brown
Gang member's first degree murder conviction overturned due to erroneous and prejudicial prosecution under natural and probable consequences theory of aiding and abetting.
Criminal Law and Procedure May 6, 2016
Teng v. District Director, USCIS
Federal court lacks authority to modify birth year on agency-issued naturalization certificate, leaving citizen unable to obtain driver's license due to discrepancy in her records.
Immigration May 6, 2016
John v. Superior Court (Chan)
Self-represented defendant, who had been declared a vexatious litigant and subject to a pre-filing order, need not obtain leave of court before appealing adverse judgment.
Civil Procedure May 6, 2016
Flores v. Presbyterian Intercommunity Hospital
Action alleging negligence in maintenance of hospital bedrail governed by statute of limitations for professional, rather than ordinary, negligence.
Torts May 6, 2016
Allen v. Boeing Co.
Case properly remanded to state court where plaintiffs' complaint forms sufficient basis to invoke local controversy exception under Class Action Fairness Act.
Civil Procedure May 6, 2016
Thomas v. Dillard
Officer used excessive force in detaining and tasing plaintiff suspected of domestic violence; given unsettled state of the law, however, officer entitled to qualified immunity.
Civil Rights May 6, 2016
People v. Mohamed
Doctor properly convicted of involuntary manslaughter in death of liposuction patient where substantial evidence supported he was criminally negligent in performing procedure.
Criminal Law and Procedure May 5, 2016
In re D.O.
Order terminating parental rights and placing child with paternal grandmother for adoption affirmed where court does not err in determining sibling relationship exception inapplicable.
Juveniles May 5, 2016
Hawkins v. SunTrust Bank
Court correctly rules that wrongful foreclosure action alleging improper service barred by res judicata arising from South Carolina judicial foreclosure judgment.
Civil Procedure May 5, 2016
U.S. v. Ornelas
Sentence imposed in absentia lawful where defendant's appeal waiver is valid and he was 'voluntarily absent' for sentencing hearing.
Criminal Law and Procedure May 5, 2016
Collins v. United States Citizenship and Immigration Services
Reversal and remand required where federal court incorrectly dismisses petition to modify birth date on certificate of naturalization issued prior to 1990.
Immigration May 5, 2016
Ministerio Roca Solida v. McKelvey
Federal officer may not be sued in her individual capacity for purely injunctive relief under judicially-created 'Bivens' remedy.
Remedies May 5, 2016
Diocese of San Joaquin v. Gunner
Dispute over ownership of property that belonged to Diocese of San Joaquin before disaffiliation resolved by application of neutral principles of law.
Corporations May 5, 2016
People v. Roach
Nothing in Proposition 47's resentencing provision prohibits court from imposing same aggregate term upon resentencing, provided new term is proper under generally-applicable sentencing procedures.
Criminal Law and Procedure May 5, 2016
People v. Fruits
In elder abuse prosecution, son's prior acts of elder abuse against his mother admissible in relation to offense of making criminal threats.
Criminal Law and Procedure May 5, 2016
J-M Manufacturing Co. Inc. v. Phillips & Cohen LLP
Pipe manufacturer's defamation and trade libel claims over challenged press release fails where press release constituted a fair and true reporting of jury's verdict.
Civil Procedure May 4, 2016
Matthews v. Liberty Assignment Corp.
Motion denying assignment of workers' compensation award to factoring company properly denied where such assignment contravenes California law.
Workers' Compensation May 4, 2016
Hearn Pacific Corp. v. Second Generation Roofing Inc.
Trial court erred in refusing to allow litigant to name assignee and real party in interest as judgment creditor; assignee, therefore, cannot evade liability.
Civil Procedure May 4, 2016
Boardman v. Pacific Seafood Group
Motion to compel arbitration properly denied where current claims not within scope of arbitration provision from prior settlement agreement.
Antitrust May 4, 2016