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Name Category Published
Maya L., a Minor
At review hearing, court need only determine whether supervision is still necessary when child is placed under court supervision with noncustodial parent.
Juveniles Dec. 8, 2014
People v. Robinson
Wife who poured scalding water over husband overturns simple mayhem conviction because offense was lesser included offense of her aggravated mayhem conviction.
Criminal Law and Procedure Dec. 8, 2014
Drell v. Cohen
Attorney’s complaint for declaration of rights to fees against another attorney is not subject to anti-SLAPP motion because lawsuit did not arise from protected activity.
Attorneys Dec. 7, 2014
Mano-Y&M Ltd. v. Field (In re The Mortgage Store Inc.)
Bankruptcy court properly deems seller as initial transferee in connection with adversary proceeding seeking avoidance of fraudulent transfer despite harsh result.
Bankruptcy Dec. 7, 2014
Hale v. Sharp Healthcare
Healthcare provider successfully defeats class certification of lawsuit alleging unfair billing of uninsured patients because class was not readily ascertainable.
Health Care Dec. 7, 2014
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 Dec. 7, 2014
People v. Oehmigen
Inmate is not entitled to resentencing hearing involving petition to recall sentence because his record of conviction clearly demonstrate his ineligibility for requested relief.
Criminal Law and Procedure Dec. 7, 2014
West Hollywood Community Health and Fitness Center v. California Unemployment Insurance Appeals Board
Employer may seek judicial review of Unemployment Insurance Appeals Board’s finding that worker was employee because action did not attempt to prevent tax collection.
Administrative Agencies Dec. 7, 2014
Martinez v. Joe's Crab Shack Holdings
Managers at Joe’s Crab Shack restaurants may maintain wage and hour class action against company in relation to work they allegedly performed on nonexempt tasks.
Employment Law Dec. 4, 2014
People v. Centeno
Prosecutor's visual aid and poorly worded closing statements regarding reasonable doubt burden of proof constitute misconduct because they misstated law.
Criminal Law and Procedure Dec. 4, 2014
People v. Kirvin
Trial court may deny criminal defendant’s right to self-representation based on his repeated absences and refusal to meet with court-appointed experts.
Criminal Law and Procedure Dec. 4, 2014
In re Butler
Trial court improperly overturns Governor’s decision to veto prisoner’s release because some evidence supported Governor’s finding that prisoner was still dangerous.
Criminal Law and Procedure Dec. 4, 2014
U.S. v. Kinetic Concepts, Inc.
Order
Dec. 3, 2014
People v. Kunes
Escapee may not withdraw plea based on ignorance of necessity defense where he, his attorney, and prosecutor were well aware of facts surrounding defense.
Criminal Law and Procedure Dec. 3, 2014
Lyons v. Santa Barbara County Sheriff’s Office
Evicted homeowner cannot maintain taxpayer action against county sheriff’s office because sheriff’s conduct in evicting her was pursuant to court order and perfectly legal.
Real Property Dec. 3, 2014
People v. Buza
California’s DNA Act, which required DNA samples from felony arrestees immediately following arrest, violates California Constitution.
Criminal Law and Procedure Dec. 3, 2014
Hairston v. Samuels, Dir., BOP, et al.
Order
Dec. 2, 2014
D'Antuono v. New York
Order
Dec. 2, 2014
McLeod v. McLeod
Order
Dec. 2, 2014
People v. Chaney
Offender cannot take advantage of new resentencing law redefining ‘unreasonable risk to public safety’ because definition does not apply retroactively.
Criminal Law and Procedure Dec. 2, 2014
Curley v. City of North Las Vegas
Worker’s employment discrimination claim fails because City provided valid, nondiscriminatory reasons for firing him, which included his long history of threatening violence against coworkers.
Employment Law Dec. 2, 2014
Safari Associates v. Superior Court (Tarlov)
Arbitrator’s attorney fee award is proper although arbitrator applied ‘prevailing party’ definition under Civil Code, and not as defined under arbitration agreement.
Civil Procedure Dec. 2, 2014
People v. Bolian
Trial court improperly revokes defendant’s probation where record demonstrates that court was unaware it had discretionary power to reinstate and modify probation.
Criminal Law and Procedure Dec. 2, 2014
People v. Parker
Trial court may revoke defendant’s outpatient status although revocation was made prior to defendant’s placement in outpatient program.
Criminal Law and Procedure Dec. 2, 2014
Joseph v. United States
Order
Dec. 1, 2014
Redd v. Chappell
Order
Dec. 1, 2014
Poullard v. Pitman
Order
Dec. 1, 2014
Riverside County Sheriff’s Dept. v. Stiglitz (Drinkwater)
Hearing officer may rule on ‘Pitchess’ motion for discovery of officer personnel records as they are relevant to terminated officer’s claim of disparate treatment.
Government Dec. 1, 2014
WildEarth Guardians v. McCarthy
Environmental groups lack citizen standing to assert claims against Environmental Protection Agency for allegedly failing to perform nondiscretionary duty of issuing revised ozone regulations.
Environmental Law Dec. 1, 2014
City of Glendale v. Marcus Cable Associates LLC
Cable company is not entitled to offset for alleged fee overpayments to City of Glendale because federal law prohibits recovery of damages.
Government Dec. 1, 2014