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Name Category Published
Eucasia Schools Worldwide Inc. v. DW August Co.
Notice of inspection sent to lessee’s counsel does not violate lease notice provision where lessee emphatically stated that notice had to be given to counsel.
Real Property Jul. 25, 2013
Opinion of Harris (11-703)
Mobilehome park management is bound by same no-rental/no-subletting rules and regulations that are imposed on mobilehome owners.
Real Property Jul. 25, 2013
Brooktrails Township Community Services District v. Board of Supervisors of Mendocino County
According to voter initiative, utility district may not impose water and sewer base rates after discontinuation of services by property owners.
Real Property Jul. 25, 2013
People v. Culbert
Conviction for making criminal threat is upheld where defendant pulled unloaded firearm’s trigger while holding it to child’s head.
Criminal Law and Procedure Jul. 25, 2013
Bassene v. Holder
Citizen of Senegal's eligibility for asylum may not be based on mistakenly filed citizenship application, which did not elicit information about persecution.
Immigration Jul. 24, 2013
U.S. v. Jinian
CEO who defrauded employer for $1.5 million is guilty of wire fraud by use of communications between two California banks and Federal Reserve Bank in Dallas.
Criminal Law and Procedure Jul. 24, 2013
Meier v. Colvin
Plaintiff who was denied social security benefits is entitled to attorney fees because government denied benefits without substantial justification.
Government Jul. 24, 2013
State of Alaska v. Lubchenco
National Marine Fisheries Service may limit commercial fishing in Pacific Ocean off Alaska inhabited by endangered sea lions based on data from sub-regions.
Environmental Law Jul. 24, 2013
Coker v. JP Morgan Chase Bank N.A.
Anti-deficiency protection applies to borrower after she sold residence to third party for price less than outstanding loan balance, with lender’s approval.
Real Property Jul. 24, 2013
Williams v. Chino Valley Independent Fire District
In employment discrimination case, prevailing defendant may recover ordinary litigation costs even if plaintiff’s lawsuit was not frivolous, groundless, or unreasonable.
Employment Law Jul. 24, 2013
Avery v. Integrated Healthcare Holdings Inc.
Employees may arbitrate class claims against employer where employer revised policy to waive such claims after action had already been filed.
Employment Law Jul. 24, 2013
The H.N. and Frances C. Berger Foundation v. Perez
Property owner may not sue to enforce improvement agreements where it was only incidental beneficiary of agreements, not party to them.
Real Property Jul. 24, 2013
The Federated University Police Officers Association v. Superior Court (Los Angeles Times Communications LLC)
Police officers' labor union may not prevent disclosure of names of officers in report related to investigation of UC Davis pepper spraying incident.
Government Jul. 24, 2013
People v. Cottone
Jury instructions on whether defendant appreciated wrongfulness of conduct are not necessary when prosecution introduces evidence that defendant committed sexual abuse as child.
Criminal Law and Procedure Jul. 23, 2013
Nickolas T., a Minor
Child who was removed from custody of aunt is not placed with mother, who requested custody, because mother condoned aunt's physical abuse of child.
Juveniles Jul. 23, 2013
U. S. v. Bell
Order
Jul. 23, 2013
California Sportfishing Protection Alliance v. Chico Scrap Metal Inc.
Citizen group may file suit to enforce scrap metal company's compliance with storm water permits despite district attorney's prior proceedings against company.
Environmental Law Jul. 23, 2013
United States v. Pyramid Lake Paiute Tribe of Indians
Due to effect of ‘gauge errors,’ court orders recalculation of water flow diverted to Pyramid Lake for tribal use and irrigation.
Native American Affairs Jul. 23, 2013
U.S. v. Clement
Mandatory minimums in Fair Sentencing Act of 2010 do not apply to 18 U.S.C. Section 3582(c)(2) proceedings to defendants sentenced before Act was enacted.
Criminal Law and Procedure Jul. 23, 2013
People v. Mestas
Molestation victim’s sexual history is properly excluded because conduct was not sufficiently similar to conduct charged against defendant.
Criminal Law and Procedure Jul. 23, 2013
H.K, a Minor
Child who was removed from father's custody may not be placed with step-sibling, who had been convicted of first degree manslaughter under Oregon law.
Juveniles Jul. 22, 2013
Natalie D., a Minor
State is not required to provide private hippotherapy treatment to disabled child because same benefits could be obtained through other treatment at state-funded gym.
Juveniles Jul. 22, 2013
Gorlick Distribution Centers LLC v. Car Sound Exhaust System Inc.
Auto part distributor who received favorable pricing from manufacturer is not liable for antitrust violations because it did not know prices violated antitrust law.
Antitrust Jul. 22, 2013
U.S. v. Garcia
Defendant’s conviction for involuntary manslaughter is overturned where jury instructions did not require finding of gross negligence, an essential element of involuntary manslaughter.
Criminal Law and Procedure Jul. 22, 2013
Happy Nails & Spa of Fashion Valley LP v. Su
Labor Commissioner may not assess civil penalties against nail salon partnership for issues that were previously litigated in favor of partnership.
Labor Law Jul. 22, 2013
People v. Davis
Defendant’s conviction for killing his mother is upheld even though court failed to instruct jury sua sponte that jailhouse informant’s testimony must be corroborated.
Criminal Law and Procedure Jul. 22, 2013
Even Zohar Construction & Remodeling v. Bellaire Townhouses
Order
Jul. 19, 2013
People v. Bender
Order
Jul. 19, 2013
Alatriste (Jose Armando) on H.C.
Order
Jul. 19, 2013
Bonilla (Joseph) on H.C.
Order
Jul. 19, 2013