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Name Category Published
Kaiser Cement and Gypsum Corp. v. Insurance Co. of the State of Pennsylvania (Truck Insurance Exchange)
Order 		Jul. 19, 2013
People v. Smith
Order 		Jul. 19, 2013
People v. Johnson
Defendants may be separately charged with conspiracy to actively participate in criminal street gang, once conspirator has committed overt act. 		Criminal Law and Procedure Jul. 19, 2013
People v. Smith
Court does not need to instruct jury on lesser offense related to resisting executive officer where lesser offense was not necessarily included in greater offense. 		Criminal Law and Procedure Jul. 19, 2013
U.S. v. Aguilar-Reyes
Defendant may not be resentenced, despite being sentenced incorrectly, because he had been deported and was not present for sentencing. 		Criminal Law and Procedure Jul. 19, 2013
U.S. v. Teague
Defendant’s convictions for receipt and possession of child pornography does not violate Double Jeopardy Clause because convictions were based on separate conduct. 		Criminal Law and Procedure Jul. 19, 2013
Strong v. Valdez Fine Foods
Court may not discount disabled plaintiff's testimony regarding barriers he encountered while patronizing restaurant, because testimony was based on plaintiff’s observations. 		Civil Rights Jul. 19, 2013
Acuna v. San Diego Gas & Electric Co.
Employee may pursue wrongful termination claim against former employer because it was filed within one year of administrative agency’s right-to-sue notice. 		Employment Law Jul. 19, 2013
People v. Perez
Juvenile's sentence of 30 years to life following conviction for molesting children is not cruel and unusual where he will be eligible for parole at age 47. 		Juveniles Jul. 19, 2013
Baughman v. Walt Disney World Co.
Disabled patron may not use Segway, a two-wheeled personal transportation device, at Disney theme park due to safety concerns. 		Civil Rights Jul. 19, 2013
People v. Pirali
Probation condition restricting Internet access is constitutional because defendant was convicted for possessing child pornography and could access Internet with approval. 		Criminal Law and Procedure Jul. 18, 2013
U.S. v. $186,416.00 in U.S. Currency
Order 		Jul. 18, 2013
Woods v. Carey
Fee cap on attorney fees does not apply to fees incurred by prisoner, who successfully defended verdict in his favor on appeal. 		Prisoners Rights Jul. 18, 2013
Fortner v. Superior Court (People)
California trial court does not have territorial jurisdiction over domestic violence offenses committed in Hawaii because no part of offenses occurred in California. 		Criminal Law and Procedure Jul. 18, 2013
People v. Ford
Trial court may order defendant to pay additional restitution, despite the ending of his probation term, because restitution amount had not yet been determined. 		Criminal Law and Procedure Jul. 18, 2013
Crews v. Willows Unified School District
Newspaper publisher who sought 60,000 emails from school district in native format does not have to pay district's attorney fees because his petition was not frivolous. 		Government Jul. 18, 2013
Bank of America N.A. v. Roberts
Bank of America may recover against borrower, who defaulted on loan despite her agreement to remain obligated to repay loan after short sale on property. 		Real Property Jul. 18, 2013
Aleman v. Uribe
Prosecutor's removal of Hispanic woman during jury selection because he mistakenly believed she said she was 'prissy' does not constitute purposeful discrimination. 		Criminal Law and Procedure Jul. 17, 2013
Cannedy v. Adams
Order 		Jul. 17, 2013
Logan v. U.S. Bank National Association
Protecting Tenants at Foreclosure Act does not provide private right of action to tenant of former owner of property foreclosed on by bank. 		Civil Procedure Jul. 17, 2013
Pride v. Correa
Prisoner may bring independent claim for relief based on individual medical needs, despite ongoing class action seeking systemic reform of California prison system. 		Prisoners Rights Jul. 17, 2013
Kimble v. Marvel Enterprises Inc.
Royalties payments from licensing agreement for 'Web Blaster,' toy based on Spider-Man, may not be enforced after expiration of underlying patent. 		Intellectual Property Jul. 17, 2013
U.S. v. Perez-Valencia
Challenge to disputed wiretap is left undecided because record was insufficient to determine precise nature of assistant district attorney’s authority in applying for wiretap. 		Criminal Law and Procedure Jul. 17, 2013
Malin v. Singer
Restaurant owner’s extortion claim based on demand letter accusing him of embezzling funds used for illicit relations is subject to dismissal under anti-SLAPP statute. 		Civil Procedure Jul. 17, 2013
May v. City of Milpitas (SCS Development Co.)
Petitioners' challenge to approval of changes to condominium project is time-barred because petition was not filed within 30 days of decision. 		Environmental Law Jul. 17, 2013
Mortensen v. Bresnan Communications LLC
Arbitration agreement between consumers and Internet service provider is enforceable because federal law preempts Montana state law regarding arbitration agreements. 		Civil Procedure Jul. 16, 2013
U.S. v. Botello-Rosales
Defendant’s conviction is vacated because detective’s use of Spanish word ‘free’ in administering Spanish-language Miranda warning failed to reasonably convey Miranda rights. 		Criminal Law and Procedure Jul. 16, 2013
Abers v. Rohrs
Homeowners may not seek to throw out arbitration award because they failed to properly serve notice on owners of condominium development. 		Civil Procedure Jul. 16, 2013
POET LLC v. California Air Resources Board
Agency’s approval of regulations aimed at reducing carbon content of fuels in California is premature, but regulations are allowed to remain operative. 		Environmental Law Jul. 16, 2013
Latinos Unidos Del Valle de Napa y Solano v. County of Napa
County ordinance conflicts with state Density Bonus Law in requiring developer to include higher percentage of affordable housing units than state law requires. 		Government Jul. 15, 2013
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