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Name Category Published
Montano v. The Wet Seal Retail Inc.
Nonseverable waiver of statutory representative action renders arbitration agreement unenforceable.
Employment Law Jan. 8, 2015
People v. Toure
Exigent circumstances allow for warrantless, non-consensual blood draw of resistant drunk driver, but sentence exceeds limit.
Criminal Law and Procedure Jan. 7, 2015
People v. Superior Court (Burton)
Trial court cannot postpone prisoner’s Proposition 36 resentencing petition to later reconsider prisoner’s dangerousness and eligibility for relief.
Criminal Law and Procedure Jan. 7, 2015
Schultz v. Workers’ Compensation Appeals Board
“Going and coming rule,” doesn’t deprive employee of workers’ compensation for injuries suffered in accident while driving on air force base where his employer is located.
Workers' Compensation Jan. 7, 2015
People v. Solis
Convictions for uncharged but related, lesser offenses may stem from one charged offense.
Criminal Law and Procedure Jan. 7, 2015
Sarun v. Dignity Health
Hospital's allegedly inflated fees enough to provide plaintiff standing.
Health Care Jan. 7, 2015
People v. Superior Court (Williams)
Trial court cannot postpone prisoner’s Proposition 36 resentencing petition to later reconsider prisoner’s dangerousness and eligibility for relief.
Criminal Law and Procedure Jan. 7, 2015
Donahue Schriber Realty Group Inc. v. Nu Creation Outreach
Solicitors may be enjoined from soliciting donations on sidewalks next to store entrances at private shopping center because such area is not ‘public forum.’
Constitutional Law Jan. 7, 2015
Abdisalan v. Holder
Board of Immigration Appeals’ mixed decision is not a final order of removal that triggers 30-day window in which petitioner must appeal.
Immigration Jan. 7, 2015
Davis v. Electronic Arts Inc.
Former NFL players’ claims for unauthorized use of their likenesses against video game company not barred by ‘incidental use’ defense.
Constitutional Law Jan. 7, 2015
Rivero v. Lake County Board of Supervisors
Lake County Sheriff entitled to independent counsel in dispute with district attorney for entirety of his tenure as sheriff.
Government Jan. 7, 2015
Hudec v. Superior Court (People)
Respondent may not be compelled to testify at trial for extension of his not-guilty-by-reason-of-insanity commitment.
Criminal Law and Procedure Jan. 6, 2015
People v. Grimes
Exclusion of accomplice’s statements regarding defendant’s lack of participation in killing does not warrant reversal of felony murder death sentence.
Criminal Law and Procedure Jan. 6, 2015
People v. Aparicio
Abuse of discretion deemed appropriate standard in denial of Proposition 36 resentencing.
Criminal Law and Procedure Jan. 6, 2015
Ocegueda v. Perreira
California court lacks jurisdiction over custody proceedings involving child born in Hawaii during mother’s extended visit.
Family Law Jan. 6, 2015
Yee v. State Bar
Attorney publicly reproved for negligently misrepresenting MCLE compliance.
Attorneys Jan. 5, 2015
Pierce v. San Mateo County Sheriff’s Dept.
For purposes of Section 1983, San Mateo County Sheriff’s Department is not a ‘person’ and, therefore, not subject to warrantless search civil rights action.
Civil Rights Jan. 5, 2015
Satyadi v. West Contra Costa Healthcare District
Terminated employee’s retaliation action against employer is not barred by failure to exhaust administrative remedies.
Employment Law Jan. 5, 2015
Bower v. Inter-Con Security Systems Inc.
Party to arbitration agreement may not compel arbitration where its conduct in litigating dispute was contrary to right to demand arbitration.
Employment Law Jan. 5, 2015
Koval v. Pacific Bell Telephone Co.
Employees’ class certification motion properly denied where company’s supervisors differed in implementing meal and rest period policies.
Employment Law Jan. 5, 2015
U.S. v. Gladding
After prosecution, government bears burden of proof in property return disputes.
Criminal Law and Procedure Jan. 5, 2015
U.S. v. Gnirke
Sentencing court may not restrict offender’s access to non-pornographic depictions of adult sexual conduct as condition of supervised release.
Criminal Law and Procedure Jan. 5, 2015
J.B.B. Investment Partners Ltd. v. Fair
Businessman’s automatically generated e-mail signature is ineffective to enforce settlement agreement because it does not constitute ‘electronic signature.’
Contracts Jan. 2, 2015
Burrell v. Colvin
Administrative law judge may not discredit social security disability applicant’s testimony regarding her limitations where determination is not supported by specific facts.
Administrative Agencies Jan. 2, 2015
Campion v. Old Republic Protection Co. Inc.
Class representative’s settlement of individual claims renders appeal over denial of class certification moot because he no longer had personal, financial stake.
Civil Procedure Jan. 2, 2015
In the Matter Concerning Judge Joseph Scott
Judge Joseph Scott is publicly admonished following his drinking and driving conviction, which showed serious disregard of conduct expected of judges.
Judges Jan. 2, 2015
Center for Biological Diversity v. California Dept. of Forestry and Fire Protection (North Gualala Water Co.)
CAL FIRE’s approval of logging activity on privately held land in Mendocino County does not violate environmental laws although it affected seabird habitat.
Environmental Law Dec. 31, 2014
Swanson v. Morongo Unified School District
Teacher afflicted with cancer may pursue discrimination claim against school district because her termination was pretextual.
Employment Law Dec. 31, 2014
Henry v. Ryan
Order
Dec. 31, 2014
City of Spokane v. Federal National Mortgage Association
Congress’s statutory exemption for Fannie Mae and Freddie Mac from state and local taxation of real property transfers does not violate Commerce Clause.
Taxation Dec. 31, 2014