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Name Category Published
AmeriGas Inc. v. Landstar Ranger Inc.
Motor carrier does not have to indemnify propane company for injuries suffered by truck driver during unloading of propane tanks at company’s private yard.
Torts Oct. 27, 2014
Abbott v. Federal Bureau of Prisons
Federal Bureau of Prisons improperly finds inmate is ineligible for early release based on prior Montana conviction for unlawful restraint.
Criminal Law and Procedure Oct. 27, 2014
Padilla-Martinez v. Holder
Fax copy of state court transcript may be used to show resident’s California conviction for sale of controlled substance makes him removable.
Immigration Oct. 27, 2014
D.S., a Minor
Biological father does not qualify for presumed father status where his own bad decisions precluded him from carrying out parental responsibilities to child.
Juveniles Oct. 27, 2014
Jones v. Martinez
Shareholder may not seek discovery to show prefiling demand on company’s board would have been futile in order to maintain derivative action.
Corporations Oct. 27, 2014
Sandoval-Gomez v. Holder
Order
Oct. 26, 2014
Hernandez de Martinez v. Holder
Mexican citizen is removable due to Arizona criminal impersonation conviction, even if she only used false Social Security number to obtain employment.
Immigration Oct. 26, 2014
U.S. v. Castro-Ponce
Narcotics trafficker may not receive sentence increase based on obstruction of justice until district court finds his false testimony was also material and willful.
Criminal Law and Procedure Oct. 26, 2014
Quintanar v. County of Riverside
Hearing officer’s alleged failure to use independent judgment in upholding police officer’s demotion does not prejudicially affect his substantive rights.
Employment Law Oct. 26, 2014
L.S., a Minor
Parents are entitled to rehearing on petitions to modify prior order bypassing reunification services after court applied heightened clear and convincing evidence standard.
Juveniles Oct. 26, 2014
People v. Anthony
Inmate is ineligible for resentencing under Three Strike Reform Act when serving one sentence for a serious or violent felony and another which was not.
Criminal Law and Procedure Oct. 26, 2014
First California Bank v. McDonald
Bank is not entitled to deficiency judgment against debtors who did not consent to disposal of one of two properties securing the loan.
Real Property Oct. 26, 2014
Izell v. Union Carbide Corp.
Reduction of compensatory damages award in asbestos case from $30 million to $6 million does not also require reduction of $18 million punitive damages award.
Torts Oct. 23, 2014
Gottschall v. Crane Co.
Superior court improperly grants Crane Co. judgment based on Pennsylvania federal court’s improper interpretation of California law on ‘sophisticated user’ defense.
Torts Oct. 23, 2014
People v. Rossetti
Warrantless blood sample taken from drunken driving suspect need not be suppressed when police had good faith belief that California law did not require warrant.
Criminal Law and Procedure Oct. 23, 2014
People v. Shapiro
Order
Oct. 23, 2014
Williams v. S.C. (People)
Order
Oct. 23, 2014
Kesner v. S.C. (Pneumo Abex)
Order
Oct. 23, 2014
Haver v. BNSF Railway
Order
Oct. 23, 2014
Williams v. Swarthout
Judge’s mistaken statement to jury that defendant pleaded guilty to charges constitutes prejudicial error, despite judge’s later curative instructions.
Criminal Law and Procedure Oct. 23, 2014
U.S. v. Moore
Drug trafficker who stood by while officers searched home he shared with his fiancée cannot invalidate fiancée’s consent to search, absent his express refusal.
Criminal Law and Procedure Oct. 23, 2014
Hughes v. U.S.
U.S. Supreme Court rule that any fact increasing mandatory minimum is an element that must be submitted to jury is not retroactive to cases on collateral review.
Criminal Law and Procedure Oct. 23, 2014
Bowman v. California Coastal Commission
Court may not require property owner to dedicate coastal easement as condition of obtaining development permit, where easement amounts to unconstitutional taking.
Real Property Oct. 23, 2014
Jenkins v. Teegarden
Quitclaim of home to drafter, who was unrelated to prior owner, is invalid as donative transfer when drafter did not give fair or adequate consideration for home.
Probate and Trusts Oct. 23, 2014
Kenne v. Stennis
Intentional infliction of emotional distress claim based on conduct related to various lawsuits may be stricken since conduct is protected by litigation privilege.
Torts Oct. 22, 2014
People v. Harbison
Nonviolent drug offenders, who have repeatedly been ordered into treatment, but have been found unamenable, must be sentenced to 30 days following conviction.
Criminal Law and Procedure Oct. 22, 2014
People v. Dawkins
Trial court properly admits 9-1-1 recording about ongoing burglary made by anonymous caller based on deputy’s testimony regarding recording’s authenticity.
Criminal Law and Procedure Oct. 22, 2014
U.S. v. Vera
District court’s failure to admonish jury regarding officer’s dual roles as lay and expert witness warrants resentencing of defendants' drug convictions.
Criminal Law and Procedure Oct. 22, 2014
U.S. v. Bell
Right to counsel is not violated where self-represented defendant had opportunity to make closing argument, even though court did not prompt him to make one.
Criminal Law and Procedure Oct. 22, 2014
Juan A., a Minor
Minor’s refusal to stop and answer officer’s questions does not constitute offense of resisting an officer when officer did not command him to stop.
Juveniles Oct. 22, 2014