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Name Category Published
Marriage of Cecilia and David W.
Failure to apply correct legal standard and lack of substantial evidence requires reversal of adult child support order.
Family Law Nov. 4, 2015
Lucent Technologies Inc. v. State Board of Equalization
Transmission of software as part of license to copy and use software using alternative, physical media does not transform software into taxable tangible personal property.
Taxation Nov. 4, 2015
People v. Dokins
Failure to consider 'Miller v. Alabama' factors before imposing 90 year sentence on juvenile homicide offender results in reversal in sentence and remand.
Criminal Law and Procedure Nov. 3, 2015
Brady v. Calsol Inc.
Raw materials or component parts doctrine does not shield mineral spirits manufacturer from liability for worker's leukemia.
Torts Nov. 3, 2015
Olive Properties L.P. v. Coolwaters Enterprises Inc.
Defaulting tenant cannot dodge landlord's unlawful detainer action where action did not arise out of protected petitioning activities.
Real Property Nov. 3, 2015
People v. Cuen
Defendant not eligible for resentencing for theft of access card information because such offense is not subject to recall and resentencing under Proposition 47.
Criminal Law and Procedure Nov. 3, 2015
Berry v. United States
Order
Nov. 3, 2015
Caldwell v. United States
Order
Nov. 3, 2015
Mancilla-Delafuente v. Lynch
Nevada conviction for conspiracy to possess credit card without consent is categorically crime involving moral turpitude disqualifying petitioner from cancellation of removal.
Immigration Nov. 3, 2015
People v. Woods
Sex offender who continually abused, impregnated teenager may possibly receive reduced sentence for child sex abuse convictions due to instructional error.
Criminal Law and Procedure Nov. 3, 2015
Beverly Hills USD v. LA Metro.
L.A. County MTA prevails over Beverly Hills and its school district regarding its approval of final environmental impact report for subway tunnel.
Administrative Agencies Nov. 3, 2015
In re Aurora P.
Dependent children, as parties opposing termination of dependency jurisdiction, bear burden of proof under Cal. Welfare and Institutions Code Section 364 to support retention of dependency jurisdiction.
Dependency Nov. 2, 2015
Sprengel v. Zbylut
Attorney's anti-SLAPP motion fails to strike malpractice action even though attorney disputed existence of attorney-client relationship underlying claim.
Attorneys Nov. 2, 2015
D.T. v. Superior Court (San Francisco Human Services Agency)
Mother who continually neglected her five children over the years is not entitled to further reunification services.
Dependency Oct. 30, 2015
Vebr v. Culp
Absence of triable issue of material fact entitles homeowners to summary judgment on painter's tort claims based on respondeat superior.
Labor Law Oct. 30, 2015
People v. DeLeon
Superior courts are not required to conduct preliminary probable cause hearings before revoking parole where timely, single hearing procedure suffices.
Criminal Law and Procedure Oct. 30, 2015
Stevens v. Workers’ Compensation Appeals Board
Reforms to workers' compensation scheme establishing independent medical review process passes constitutional muster.
Workers' Compensation Oct. 30, 2015
People v. Financial Casualty & Surety
California Supreme Court decides issues relating to bail exoneration.
Oct. 30, 2015
In Re I.C.
Order
Oct. 30, 2015
People v. Accredited Surety and Casualty Co.
Should the good cause standard under Penal Code section 1305.4 for extension of the period to exonerate bail require a demonstration of a reasonable likelihood of success of returning a fugitive? When a court finds there has been a diligent investigation to locate a fugitive, does the burden shift to the People to prove that there is not a reasonable likelihood of success of returning the fugitive? Does an extension of the period to exonerate bail commence on the date on which the initial 180-day period expires or on the date on which the trial court grants the extension?
Oct. 30, 2015
People v. Behill
Does the definition of "unreasonable risk of danger to public safety" (Pen. Code, § 1170.18(c)) under Proposition 47 ("the Safe Neighborhoods and Schools Act") apply on retroactivity or other grounds to resentencing under the Three Strikes Reform Act of 2012 (Pen. Code, § 1170.126)?
Oct. 30, 2015
People v. DelaPena
Does the Safe Neighborhood and Schools Act [Proposition 47] (Gen. Elec. (Nov. 4, 2014)), which made specified crimes misdemeanors rather than felonies, apply retroactively to a defendant who was sentenced before the Act's effective date but whose judgment was not final until after that date?
Oct. 30, 2015
Universal Protection Service v. Superior Court (Parnow)
Does the trial court or the arbitrator decide whether an arbitration agreement provides for class arbitration if the agreement itself is silent on the issue?
Oct. 30, 2015
Coretto v. Superior Court (People)
Order
Oct. 30, 2015
People v. Gonzalez
Payment of civil penalty to federal agency does not entitle defendant to dismissal of criminal charge on double jeopardy ground.
Criminal Law and Procedure Oct. 30, 2015
Donorovich-Odonnell v. Harris
Plaintiffs unsuccessful in challenge to law that could be used to prosecute physicians who provide aid-in-dying to terminally ill persons.
Criminal Law and Procedure Oct. 30, 2015
People v. Leeds
Murder conviction is reversed and remanded for new sanity trial where court erroneously instructs jury on self-defense by applying objective rather than subjective standard.
Criminal Law and Procedure Oct. 29, 2015
People v. Bridgeford
Court's failure to apply 'Maryland v. Shatzer' and ensuing prejudice requires reversal of first degree murder convictions.
Criminal Law and Procedure Oct. 29, 2015
UFCW & Employers Benefit Trust v. Sutter Health
Third-party payor cannot be compelled to arbitrate dispute pursuant to agreement signed by health care provider and contracting agent.
Health Care Oct. 29, 2015
Bocanegra v. Jakubowski
Common law prosecutorial immunity extends to claims based on suppression of exculpatory evidence.
Civil Procedure Oct. 29, 2015