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Name Category Published
Save Our Big Trees v. City of Santa Cruz
City of Santa Cruz fails to demonstrate that amendments to ordinances protecting heritage trees fall within exemption to CEQA review requirements.
Environmental Law Oct. 26, 2015
People v. Page
Where 'wobbler' language remains in penal code section after passage of Prop 47, trial court does not err in denying resentencing petition.
Criminal Law and Procedure Oct. 26, 2015
Underwriters of Interest v. ProBuilders Specialty Ins. Co.
Insurer entitled to seek equitable contribution from coinsurer despite 'escape clause' relieving coinsurer of duty to defend when other insurance is available.
Insurance Oct. 26, 2015
Grebow v. Mercury Insurance Co.
Insurer not liable for reimbursement costs in connection with repairs to homeowners' rear deck to prevent imminent insurable damage.
Insurance Oct. 23, 2015
People v. Alexander
Order
Oct. 23, 2015
People v. Anderson
Was the jury properly instructed on the "kill zone" theory of attempted murder?
Oct. 23, 2015
People v. Dixie
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. 23, 2015
People v. Guzman
Must no-contact probation conditions be modified to explicitly include a knowledge requirement?
Oct. 23, 2015
People v. Mesinas
Was defendant properly convicted of both rape of an intoxicated person and rape of an unconscious person for a single act of sexual intercourse?
Oct. 23, 2015
U.S. v. Ochoa
Sentence is not final when there is no formal break in the proceedings and court does not lack jurisdiction to revise sentence upwards during hearing.
Criminal Law and Procedure Oct. 23, 2015
Smith v. Clark
Order
Oct. 23, 2015
U.S. v. Eyraud
Restitution award properly covers additional attorney fees incurred by company in investigating extent of worker's embezzlement.
Criminal Law and Procedure Oct. 23, 2015
Dorsey v. Superior Court
Statutory $150 cap on attorney fees in small claims appeal overrides conflicting contractual attorney fee provisions.
Administrative Agencies Oct. 23, 2015
B.H., a Minor
Termination of parental rights over suspected Indian child overturned where juvenile court failed to provide proper notice under Indian and Child Welfare Act of 1978.
Native American Affairs Oct. 23, 2015
People v. Soria
Was defendant properly convicted of both rape of an intoxicated person and rape of an unconscious person for a single act of sexual intercourse?
Oct. 23, 2015
People v. Villareal
Was defendant's Sixth Amendment right to confrontation violated by the gang expert's reliance on testimonial hearsay (Crawford v. Washington (2004))?
Oct. 23, 2015
Hall v. Superior Court (People)
Order
Oct. 23, 2015
People v. Vasquez
Order
Oct. 23, 2015
Doolittle v. Exchange Bank
Trust's duty to defend against contests provision is not a no contest clause and can be enforced prior to determining merits of beneficiary's challenges.
Probate and Trusts Oct. 22, 2015
Multi Time Machine Inc. v. Amazon.com Inc.
Amazon defeats trademark infringement suit filed by manufacturer of military style watches because its search results were unlikely to confuse online consumers.
Intellectual Property Oct. 22, 2015
U.S. v. Conti
'United States v. Caldwell' overruled to the extent it conflicts with 'Neder v. United States;' jury instruction error is not structural error warranting automatic reversal.
Criminal Law and Procedure Oct. 22, 2015
People v. Woods
Sex offender who abused impregnated teenager daily may possibly escape some child sex abuse convictions due to instructional error.
Criminal Law and Procedure Oct. 21, 2015
U.S. v. Mahon
Scottsdale's Diversity Office has sufficient nexus to interstate commerce to support defendant's conviction involving pipe bomb explosion.
Criminal Law and Procedure Oct. 21, 2015
Jameson v. Desta
Nonsuit in prison doctor's favor and denial of former prisoner's summary judgment motion is affirmed where prisoner fails to provide reporter's transcript or establish damages.
Civil Procedure Oct. 21, 2015
Cueto v. Dozier
Trial court should have granted requesting party's motion to renew domestic violence restraining order despite her inability to demonstrate violations.
Family Law Oct. 21, 2015
Sheridan v. Touchstone Television Prod.
Actress Nicollette Sheridan not required to exhaust administrative remedies before filing suit for retaliation under Labor Code section 6310.
Labor Law Oct. 21, 2015
People v. Buycks
Proposition 47 applies to on-bail enhancements (where defendant commits felony while on bail for earlier felony); where primary offense is reduced to a misdemeanor, on-bail enhancement cannot be applied.
Criminal Law and Procedure Oct. 21, 2015
Green Valley Landowners Assn v. City of Vallejo
California law is applicable to charter cities when a city's charter is silent on a matter of municipal affairs.
Government Oct. 20, 2015
Banks v. U.S.
Order
Oct. 20, 2015
Hughes v. PPL EnergyPlus
1. When a seller offers to build generation and sell wholesale power on a fixed rate contract basis, does the FPA field-preempt a state order directing retail utilities to enter into the contract? 2. Does FERC's acceptance of an annual regional capacity auction preempt states from requiring retail utilities to contract at fixed rates with sellers who are willing to commit to sell into the auction on a long-term basis?
Oct. 20, 2015