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Name Category Published
In re Eric W. Poirier
Order
Nov. 10, 2014
Chen v. Mayor and City Council, et al.
Order
Nov. 10, 2014
King v. Burwell, Sec. of H&HS, et al.
Order
Nov. 10, 2014
Johnson v. City of Shelby
Failure to expressly invoke federal civil rights statute does not warrant dismissal of police officers' employment action against city for alleged due process violations.
Civil Rights Nov. 10, 2014
Carroll v. Carman
Officer who knocked on door and stepped onto corner home's side deck is entitled to qualified immunity because he did not violate clearly established right.
Civil Rights Nov. 10, 2014
Whitman v. United States
Order
Nov. 10, 2014
Bowell v. Smith
Order
Nov. 10, 2014
Almanza-Arenas v. Holder
Mexican citizen’s California conviction under statute that criminalizes both temporary and permanent taking of vehicle does not make him ineligible to cancel removal.
Immigration Nov. 10, 2014
Knutson v. Sirius XM Radio Inc.
Sirius XM cannot force car buyer to arbitrate claims because use of trial subscription did not manifest his assent to be bound by arbitration agreement.
Contracts Nov. 10, 2014
U.S. v. Raya-Vaca
Illegal reentry conviction is overturned because immigration officer’s failure to provide notice and opportunity to respond during expedited removal violated due process.
Criminal Law and Procedure Nov. 10, 2014
John v. Superior Court (Chan)
Vexatious litigant, who is defendant in current action, may appeal adverse judgment without first obtaining leave to file her appeal.
Civil Procedure Nov. 10, 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 Nov. 10, 2014
Honeycutt v. Meridian Sports Club LLC
Kickboxing student, who was injured when instructor grabbed her leg during roundhouse kick, may not sue kickboxing club because she assumed risk.
Torts Nov. 9, 2014
Giorgio v. Synergy Management Group LLC
Service by publication in Los Angeles Daily Journal is proper where defendant could not be served personally or by mail, despite plaintiff's reasonable diligence.
Civil Procedure Nov. 9, 2014
HH Computer Systems Inc. v. Pacific City Bank
Banks that received and deposited forged checks from check cashing companies may be liable for failing to make sure endorsements were valid.
Banking Nov. 9, 2014
In the Matter Concerning Judge Daniel J. Healy
Solano Superior Court Judge is publicly admonished for making undignified and discourteous remarks to family law litigants and engaging in misconduct reflecting embroilment.
Judges Nov. 9, 2014
U.S. v. Brown
Business partner does not deserve leadership role sentence enhancement for participation in Ponzi scheme where he did not exercise control over any participant.
Criminal Law and Procedure Nov. 9, 2014
Tamosaitis v. URS Inc.
Nuclear site whistleblower may file anti-retaliation claim in federal court, although prior administrative complaint had technical mistake in employer’s name.
Employment Law Nov. 9, 2014
U.S. v. Huitron-Rocha
District court properly uses modified categorical approach to find conviction for possession and transportation of cocaine for sale is 'drug trafficking offense' for sentencing purposes.
Criminal Law and Procedure Nov. 9, 2014
U.S. v. de la Torre-Jimenez
Offender receives 16-level sentencing enhancement because his prior conviction for possession of cocaine for sale constitutes drug trafficking offense warranting enhancement.
Criminal Law and Procedure Nov. 9, 2014
People v. IntelliGender LLC
California’s enforcement action seeking restitution against maker of fetus gender test is enjoined by earlier class action settlement that included restitution payments.
Business Law Nov. 9, 2014
Union Pacific Railroad Co. v. Santa Fe Pacific Pipelines Inc.
Trial court erroneously concludes that railroad companies had sufficient interest in land beneath its rights-of-way to grant easement and collect rent from pipeline companies.
Real Property Nov. 6, 2014
Fiorini v. City Brewing Co. LLC
Manufacturer of Four Loko alcoholic beverage is not immune from civil liability for drinker’s death because it did not furnish beverage to drinker.
Torts Nov. 6, 2014
Nasrawi v. Buck Consultants LLC
Beneficiary may maintain tort claim against consultants for aiding and abetting in trustee’s breach of fiduciary duties although consultants did not owe beneficiary independent duty.
Torts Nov. 6, 2014
Teal v. Superior Court (People)
Trial court’s order denying motion to recall sentence under Three Strikes Reform Act is appealable, although inmate fails to meet threshold eligibility requirement.
Criminal Law and Procedure Nov. 6, 2014
Leal v. Holder
Mexican citizen’s Arizona conviction for felony endangerment constituted morally turpitudinous conduct rendering him ineligible for relief from removal.
Immigration Nov. 6, 2014
Thurbon v. Gateway Unified School District
Appellate court lacks jurisdiction to hear attorney’s appeal over district courts’ finding of ethical violations, which was intertwined with disqualification order.
Civil Procedure Nov. 6, 2014
People v. Hicks
Inmate is ineligible for resentencing under Three Strikes Reform Act because he was personally armed with firearm during commission of underlying offense.
Criminal Law and Procedure Nov. 6, 2014
People v. Rodriguez
Presiding judge may reassign defendant’s renewed suppression motion to different judge where original judge is unavailable due to scheduling conflict.
Criminal Law and Procedure Nov. 6, 2014
People v. Hussain
Car repair shop owner’s grand theft conviction is overturned because his attorney’s failure to request claim-of-right defense prejudiced him.
Criminal Law and Procedure Nov. 6, 2014