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Name Category Published
Lee v. Hanley
Client may continue action against attorney for return of fees, although she sued after one-year limitations period governing misconduct in performance of legal services.
Attorneys Aug. 10, 2014
LeFiell Manufacturing Co. v. Superior Court (Watrous)
Worker injured by power press machine may not make claim outside workers’ compensation, because door removed from machine was not ‘point of operation guard.’
Workers' Compensation Aug. 7, 2014
Rebolledo v. Tilly's Inc.
Employer cannot force employee to arbitrate wage and hour claims where arbitration agreements specifically excluded labor law violations within Labor Commissioner’s jurisdiction.
Employment Law Aug. 7, 2014
Yellow Express LLC v. Dingley (In re Dingley)
Creditor does not violate automatic stay for maintaining contempt proceeding against debtor because it related to court-ordered sanctions for debtor’s discovery violations.
Bankruptcy Aug. 7, 2014
Tuolumne Jobs & Small Business Alliance v. Superior Court (Wal-Mart Stores Inc.)
City does not need to conduct full environmental analysis under CEQA after directly adopting voter-sponsored initiative for proposed expansion of Wal-Mart.
Environmental Law Aug. 7, 2014
Loos v. Immersion Corp.
Company’s announcement of investigation into revenue recognition practices is insufficient, standing alone, to establish loss causation for securities class action.
Securities Aug. 7, 2014
U.S. v. Lopez
Government may convict Mexican citizen for illegally reentering U.S. after being deported, even if it could not produce order of deportation.
Criminal Law and Procedure Aug. 7, 2014
Coons v. Lew
Doctor may not challenge Patient Protection and Affordable Care Act’s establishment of Independent Payment Advisory Board based on allegations of possible future injury.
Health Care Aug. 7, 2014
Alvarez v. BAC Home Loans Servicing L.P.
Bank must face homeowner’s negligence claim because it owes him duty to use reasonable care in processing homeowner’s application for loan modification.
Banking Aug. 7, 2014
J.T., a Minor
Juvenile court's order granting regular visitation to minor’s paternal grandmother does not infringe on mother’s fundamental right to parent.
Juveniles Aug. 7, 2014
La Quinta Worldwide LLC v. Q.R.T.M. S.A. de C.V.
Federal court jurisdiction over La Quinta Worldwide’s trademark infringement claim does not require a showing of infringer’s ‘use in commerce.’
Intellectual Property Aug. 6, 2014
Rando v. Harris (Quintero)
Attorney General correctly rejects application by City of Glendale residents to sue city based on appointment of former council member to vacant position.
Government Aug. 6, 2014
People v. Hernandez
Appointed appellate counsel’s brief may not present 'arguable-but-unmeritorious' issues for consideration by appellate court.
Criminal Law and Procedure Aug. 6, 2014
J.M. v. G.H.
Mother may relocate to Israel with son during school year, despite father’s objections, because she has a stronger connection with the child.
Family Law Aug. 6, 2014
People v. Carrasco
Defendant in death penalty case is not entitled to second counsel where first counsel was retained and not ‘appointed.’
Criminal Law and Procedure Aug. 5, 2014
Conservatorship of Parker
Conservator must pay punitive damages award to creditor from conservatee’s estate since conservatee committed tort prior to creation of conservatorship.
Conservatorship Aug. 5, 2014
Gou v. Xiao
Trial court improperly finds mother was not a victim for purposes of restraining order when she alleged specific facts about husband’s abuse of her and son.
Family Law Aug. 5, 2014
A.E., a Minor
Father may not be required to remain outside family home based on single incident where he disciplined daughter by hitting her with a belt.
Juveniles Aug. 5, 2014
People v. Hojnowski
Inmate who was convicted of three counts of battery by gassing while in prison is required to serve consecutive terms on all three counts.
Criminal Law and Procedure Aug. 5, 2014
E.M., a Minor
Court properly denies mother’s petition to free children from father’s custody and control because she failed to show father intended to abandon their children.
Family Law Aug. 5, 2014
U.S. v. Hernandez-Arias
Mexican citizen, who had temporary resident status in U.S., illegally attempts to reenter country because his status was revoked by prior conviction.
Criminal Law and Procedure Aug. 5, 2014
Columbia Riverkeeper v. United States Coast Guard
U.S. Coast Guard’s letter of recommendation regarding liquefied natural gas facility and pipeline along Oregon’s Columbia River is not subject to judicial review.
Administrative Agencies Aug. 5, 2014
In re Complaint of Judicial Misconduct
Order
Aug. 5, 2014
Young v. Daimler AG
California plaintiff may not sue German car manufacturer in California based on its alleged connection with another company that did business in California.
Civil Procedure Aug. 5, 2014
City of San Diego v. Shapiro
City of San Diego’s election imposing special tax on hotels is invalid because only hotel owners and hotel lessees were allowed to vote.
Taxation Aug. 4, 2014
People v. Capistrano
Trial court properly excuses prospective jurors who unequivocally stated that they would be unable to impose death penalty regardless of the evidence.
Criminal Law and Procedure Aug. 4, 2014
Gregory v. Cott
Alzheimer patient is not liable for injuries to in-home caregiver who was employed specifically to assist her because caregiver assumed risks associated with job.
Torts Aug. 4, 2014
Compton v. Countrywide Financial Corp.
Homeowner may maintain consumer claim against lender, alleging unfair and deceptive acts, although she failed to allege that lender breached its duty of care.
Business Law Aug. 4, 2014
Ringgold-Lockhart v. County of Los Angeles
Federal court may not impose pre-filing order against allegedly vexatious litigants based largely on their motions practice without considering less restrictive sanctions.
Civil Procedure Aug. 4, 2014
U.S. v. Carr
Getaway driver and gun-toting robber also commits ‘forced accompaniment’ although their partner was the only person involved in shoving match during bank robbery.
Criminal Law and Procedure Aug. 4, 2014