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Bullard v. Hyde Park Savings Bank, et al.
Order
Dec. 16, 2014
Harris v. Viegelahn
Order
Dec. 16, 2014
Toca v. Louisiana
Order
Dec. 16, 2014
J.P. v. Carlsbad Unified School District
School District is barred from enforcing six-month government claim presentation requirement where it prevented parents from filing claim within limitations period.
Torts Dec. 16, 2014
Dart Cherokee Basin Operating Co. LLC v. Owens
Class Action Fairness Act does not require notice of removal to include detailed proof that amount in controversy exceeds $5 million.
Civil Procedure Dec. 16, 2014
United States v. California
Order
Dec. 16, 2014
Heien v. North Carolina
Traffic stop does not violate Fourth Amendment although officer erroneously thought driver broke law for having only one working brake light.
Criminal Law and Procedure Dec. 16, 2014
Hickmon v. Holder
Order
Dec. 16, 2014
Stampone v. Fopma
Order
Dec. 16, 2014
Rashidi v. Moser
Doctor may not offset noneconomic damages awarded against him based on pre-trial settlement injured party received from another healthcare provider.
Torts Dec. 16, 2014
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 Dec. 16, 2014
U.S. v. Garcia-Santana
Using contemporary sources methodology, conspiracy to commit burglary does not constitute aggravated felony that would render petitioner ineligible for removal relief.
Criminal Law and Procedure Dec. 16, 2014
Saldana v. Occidental Petroleum Corp.
Plaintiffs cannot sue American company for its alleged involvement in killing of union leaders in Colombia because it involves nonjusticiable political question.
Civil Procedure Dec. 16, 2014
U.S. v. Reves
Court lacks jurisdiction over petitioner’s motion to vacate sentence where motion was filed day after probation ended because petitioner was no longer in custody.
Criminal Law and Procedure Dec. 16, 2014
Vivid Entertainment LLC v. Fielding
County law requiring condom use by adult film performers does not violate First Amendment because it is narrowly tailored reduce sexually transmitted infections.
Constitutional Law Dec. 16, 2014
People v. Mason
Felon’s possession of firearm on four specified dates only supports conviction of single offense because his possession was continuous throughout those dates.
Criminal Law and Procedure Dec. 16, 2014
Duarte v. California State Teachers’ Retirement System
California State Teachers’ Retirement System properly denies disability benefits to teacher assaulted by students due solely to his refusal to undergo medical evaluations.
Education Dec. 16, 2014
Conservatorship of Townsend
Lender may not extend 60-day time period within which to appeal by filing motion to set aside and vacate judgment with temporary judge, rather than court clerk.
Civil Procedure Dec. 15, 2014
Petersen v. Bank of America
Homeowners may proceed with mass action lawsuit against Countrywide Financial Corp. alleging wrongful lending practices.
Real Property Dec. 15, 2014
People v. Walker
Drunk driver must pay restitution to all named and unnamed victims in eight-car accident that was treated as single incident.
Criminal Law and Procedure Dec. 15, 2014
Pacific Corporate Group Holdings LLC v. Keck
Employment agreement is enforceable where parties’ conduct clearly showed intent to be bound by it although employee failed to provide signed copy to employer.
Contracts Dec. 15, 2014
David S. Karton, A Law Corp. v. Dougherty
Law firm is not entitled to attorney fees incurred in suit to recover unpaid fees from client, who had already paid entire contractual debt to firm before trial.
Attorneys Dec. 15, 2014
People v. Superior Court (Ward)
Trial court erroneously finds that offender’s flash incarcerations did not constitute custodial sanctions for purposes of his eligibility for early release from supervision.
Criminal Law and Procedure Dec. 15, 2014
Elliott v. Weil (In re Elliott)
Bankruptcy court must allow debtor’s claimed homestead exemption, despite his bad-faith conduct, unless valid statutory basis exists for denial.
Bankruptcy Dec. 12, 2014
Lynch v. California Coastal Commission
Order
Dec. 12, 2014
Friends of the Eel River v. North Coast Railroad Authority (Northwestern Pacific Railroad Co.)
Order
Dec. 12, 2014
People v. Venegas
Order
Dec. 12, 2014
People v. Pennington
Order
Dec. 12, 2014
People v. De la Rosa
Order
Dec. 12, 2014
Packer v. Superior Court (People)
Trial court errs in failing to hold evidentiary hearing on recusal motion to resolve dispute related to defendant’s relationship with prosecutor’s children, warranting reversal.
Criminal Law and Procedure Dec. 12, 2014