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Name Category Published
People v. Juarez
Conspiracy charges that contain all elements of twice-dismissed attempted murder charges must be dismissed because they constitute 'the same offense' under Penal Code Section 1387.
Criminal Law and Procedure Mar. 18, 2016
People v. Medina
Aider and abettor's active involvement in every element of attempted robbery that ended in murder supported sentencing court's special circumstance finding.
Criminal Law and Procedure Mar. 18, 2016
People v. Myers
Denial of Proposition 36 resentencing petition affirmed where court does not err in use of definition regarding 'unreasonable risk of danger to public safety.'
Criminal Law and Procedure Mar. 18, 2016
Ebner v. Fresh Inc.
Motion to dismiss affirmed where consumer fails to state plausible claim for relief on claims alleging deceptive and misleading labeling and packaging of lip balm.
Consumer Law Mar. 18, 2016
Lenz v. Universal Music
Copyright holder must consider whether 'fair use' protects a party's use of its content before sending takedown notification.
Copyright Mar. 18, 2016
Saterbak v. JPMorgan Chase
Borrower lacks standing to preemptively challenge assignment of deed of trust from original lender to subsequent lender.
Probate and Trusts Mar. 18, 2016
Tenet Healthsystem Desert Inc. v. Blue Cross of California
Hospital's detailed allegations of fraud and misrepresentation claims against Anthem Blue Cross improperly dismissed via demurrer.
Civil Procedure Mar. 18, 2016
People v. Appleton
Probation condition allowing for searches of defendant's computers and electronic devices struck as unconstitutionally overbroad, requiring remand to fashion more narrowly-tailored condition.
Criminal Law and Procedure Mar. 17, 2016
People v. Valencia
Man who used fake $50 bills to purchase prepaid cellphone worth less than $950 is eligible for resentencing under new shoplifting law in Proposition 47.
Criminal Law and Procedure Mar. 17, 2016
Beauchamp v. Anaheim Union High School
Mother of son with disability unsuccessful in challenging attorney fee award to her - as too low - as prevailing party under Individuals with Disabilities in Education Act.
Education Mar. 17, 2016
People v. Nestdrop
Defendants, makers of marijuana delivery 'app', unsuccessful in overturning preliminary injunction because Proposition D prohibits virtually all deliveries of marijuana by vehicle.
Criminal Law and Procedure Mar. 16, 2016
People v. Franco
Face value, rather than 'actual' value, of forged check pertinent question in Prop 47 resentencing.
Criminal Law and Procedure Mar. 16, 2016
Ontiveros v. Constable
Counsel improperly disqualified to represent shareholder in successive representation case where functioning of company was so intertwined with shareholder, rendering any distinction fictional.
Attorneys Mar. 16, 2016
People v. Hutton
Defendant erroneously denied presentence custody credits though he was on 'sheriff's parole' and, therefore, not 'in custody,' at time of his arrest.
Criminal Law and Procedure Mar. 16, 2016
Casa del Caffe Vergnano S.p.A. v. ItalFlavors LLC
Order compelling arbitration reversed where document containing arbitration clause was a sham and thus no more enforceable than any other provision in the document.
Contracts Mar. 16, 2016
Daire v. Lattimore
Counsel's omission of defendant's mental illness does not run afoul of 'Strickland,' which applies to ineffective assistance of counsel in noncapital cases, precluding habeas relief.
Criminal Law and Procedure Mar. 16, 2016
In re Complaint of Judicial Misconduct
Order
Mar. 15, 2016
Western Security Bank v. Schneider Limited Partnership
Order
Mar. 15, 2016
State of Alaska Dept. of Natural Resources v. United States
State of Alaska scores partial victory in effort to obtain rights-of-way over Indian land through remand allowing amendment of its condemnation claim.
Native American Affairs Mar. 15, 2016
Mitchell v. Washington
State doctor not civilly liable to Hepatitis C patient, committed as a sexually violent predator, for refusing to recommend certain treatment.
Prisoners Rights Mar. 15, 2016
State of Arizona ex rel. Horne v. The Geo Group Inc.
EEOC and Arizona Civil Rights Division successfully reinstate dismissed claims relating to harassment and discrimination of female corrections officers.
Employment Law Mar. 15, 2016
Diaz v. Kosmata (In re Diaz)
Bankruptcy court erroneously disallows disabled debtor's claimed automatic homestead exemption under California law without considering debtor's intent to reside in subject property.
Bankruptcy Mar. 15, 2016
Hernandez v. Restoration Hardware Inc.
Class member who appeared, but did not otherwise take any steps to become named party in consumer class action, lacks standing to appeal judgment.
Civil Procedure Mar. 15, 2016
Orcilla v. Big Sur, Inc.
Ousted homeowners may maintain action against big banks for the alleged wrongful foreclosure of their home of 18 years.
Real Property Mar. 14, 2016
In re Alejandro R.
Order
Mar. 11, 2016
People v. Moore
Order
Mar. 11, 2016
People v. Ortega
Order
Mar. 11, 2016
People v. Ramirez
Order
Mar. 11, 2016
T.H. v. Novartis Pharmaceuticals Corp.
Pharmaceutical manufacturer may be liable in negligence to minors allegedly injured in utero by mother's ingestion of generic drug years after manufacturer divested itself of medication.
Torts Mar. 11, 2016
K.R. v. S.C. (People)
Order
Mar. 11, 2016