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Name Category Published
Gutierrez v. Wells Fargo Bank NA
Bank may use high-to-low posting order that resulted in more overdraft fees because bank’s power to post transactions falls within federal banking regulatory power.
Banking Dec. 26, 2012
Sanchez v. Holder
Green card holder who confessed to bringing child into U.S. illegally is deportable because she failed to show her confession was coerced or inaccurate.
Immigration Dec. 26, 2012
Arteaga-De Alvarez v. Holder
Availability of spousal petition filed by alien’s husband does not necessarily undercut cancellation of removal claim based on hardship to her family.
Immigration Dec. 26, 2012
People v. Holmes
Testimony of DNA experts does not violate confrontation rights because unsworn statements of objective facts are not sufficiently formal to be testimonial.
Criminal Law and Procedure Dec. 25, 2012
People v. Torres
Incarcerated drug dealer, who received sentence in one case but awaited further sentencing in another, is entitled to presentence credits from time sentence was completed.
Criminal Law and Procedure Dec. 25, 2012
In re Juan D.
Order
Dec. 23, 2012
Dammann v. Golden Gate Bridge, Highway and Transportation District
Transportation district is not liable for injuries suffered in cross-over collision on Golden Gate Bridge by declining to install moveable median barriers.
Torts Dec. 23, 2012
People v. Hernandez
Order
Dec. 23, 2012
Goodridge v. KDF Automotive Group
Order
Dec. 23, 2012
McKinley (Donnie Ray) on H.C.
Order
Dec. 23, 2012
In re L.L.
Order
Dec. 23, 2012
Opinion of Harris
City may install automated photographic traffic enforcement system to issue citations for illegal right turns, including those made when signal is not red.
Government Dec. 23, 2012
Opinion of Harris (11-302)
Court should hear proposed action regarding whether dietary services director of medical center may concurrently serve as director of health care district.
Health Care Dec. 23, 2012
City of Santa Maria v. Adam
Farmers are entitled to court confirmation of their overlying rights to native groundwater regardless of quantities pumped in the past.
Real Property Dec. 23, 2012
National Elevator Industry Pension Fund v. VeriFone Holdings Inc.
Securities fraud class action must survive summary judgment based on allegations that CEO and CFO were deliberately reckless in issuing false financial statements.
Securities Dec. 23, 2012
J.R. v. D.P.
Biological father of child and mother's husband may both be presumed fathers when both loved the child and would be good fathers.
Family Law Dec. 23, 2012
Opinion of Harris (10-804)
Judge who voluntarily retired for disability may not be certified to administer oaths unless judge is later found to be capable of judicial service.
Judges Dec. 23, 2012
County of Glenn v. Foley
In eminent domain action, opinion of appraiser for property owner should be allowed to show comparable sales prices of other properties.
Real Property Dec. 23, 2012
People v. Butler
Defendant who targeted unsophisticated investors in Ponzi scheme is guilty of securities fraud when he issued victims notes promising payment and return of principal.
Securities Dec. 23, 2012
Cussler v. Crusader Entertainment LLC
Author is entitled to restitution after film producer collected on flawed judgment finding author acted in bad faith regarding film rights contract.
Contracts Dec. 23, 2012
Barnes, Crosby, Fitzgerald & Zeman LLP v. Ringler
In dispute between lawyers over fee-sharing agreement, attorney may not prevent law firm from obtaining client consent to render contract nonexistent.
Attorneys Dec. 20, 2012
Adoption of A.S.
Teenager's New York paternity order is not entitled to recognition where it merely established biology and teenager failed to assume parental responsibilities.
Juveniles Dec. 20, 2012
Green v. Zukerkorn (In re Zukerkorn)
Hawaii law, rather than California law, governs spendthrift trust because trust assets were located in Hawaii and administered by Hawaiian corporate trustee.
Bankruptcy Dec. 20, 2012
Opinion of Harris
City may install automated photographic traffic enforcement system to issue citations for illegal right turns, including those made when signal is not red.
Government Dec. 20, 2012
Estate of Giraldin
Revocable trust’s beneficiaries may sue trustee for breach of fiduciary duty owed to their father because breach could harm them by reducing trust's value.
Probate and Trusts Dec. 20, 2012
Danielson v. Flores
Order
Dec. 20, 2012
Barnes-Wallace v. City of San Diego
City's grant of leases to Boy Scouts of America constitutes, at most, incidental aid for religious purposes and does not violate California Constitution.
Civil Rights Dec. 20, 2012
U.S. v. Yepez
Meth importer is ineligible for sentencing relief because historical facts established that he was on probation when he committed federal drug offense.
Criminal Law and Procedure Dec. 20, 2012
U.S. v. Valdavinos-Torres
Previously deported aien's conviction for possession of methamphetamine for sale constitutes aggravated felony, which forms proper legal basis for deportation.
Criminal Law and Procedure Dec. 20, 2012
Baltazar v. Forever 21 Inc.
Arbitration of harassment and discrimination claims against clothing merchandiser is appropriate when arbitration agreement was not unconscionable.
Employment Law Dec. 20, 2012