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Name Category Published
Diener v. McBeth (In re Diener)
In bankruptcy case, retirement funds awarded to wife in divorce do not qualify for spousal support exemption based on marital settlement agreement.
Bankruptcy Nov. 26, 2012
Miles v. Martel
Order
Nov. 26, 2012
Stokley v. Ryan
Order
Nov. 26, 2012
Ruiz-Diaz v. United States
Justice Dept. may continue to require non-citizen religious workers to wait for approval of their employers’ sponsorship petitions before applying for visas.
Immigration Nov. 26, 2012
Franco v. Arakelian Enterprises Inc.
Employee is not required to arbitrate overtime pay claims when arbitration is inappropriate for purpose of vindicating his unwaivable statutory rights.
Employment Law Nov. 26, 2012
People v. Johnson
Defendant may not set aside domestic violence charges based on early termination of his probation after his repeated failure to attend batterer’s program.
Criminal Law and Procedure Nov. 23, 2012
Taylor v. S.C. (People)
Order
Nov. 23, 2012
People v. Diaz
Order
Nov. 23, 2012
Stephens v. U.S. Railroad Retirement Board
Unsuccessful attempts at gainful employment do not foreclose disability claim filed by railroad worker’s disabled son under Railroad Retirement Act.
Government Nov. 23, 2012
Pouncil v. Tilton
Muslim inmate's lawsuit alleging prison's denial of his conjugal visit requests interfered with his practice of Islam advances as timely.
Prisoners Rights Nov. 23, 2012
U.S. v. Manning
Sentence for felon who possessed firearm is properly increased because he obstructed justice by lying to officer, skipping hearing, and fleeing to Mexico.
Criminal Law and Procedure Nov. 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 Nov. 23, 2012
Minority Television Project, Inc. v. Federal Communications Commission
Order
Nov. 23, 2012
People v. Nocelotl
Kidnapper cannot withdraw plea after mistakenly believing he would be sentenced based on psychological reports, rather than warden's unfavorable report.
Criminal Law and Procedure Nov. 21, 2012
Filbin v. Fitzgerald
Attorney prevails in case filed by disgruntled former clients after settlement of litigation when they failed to show attorney’s mistake caused them to settle for less.
Attorneys Nov. 21, 2012
Douglas E. Barnhart Inc. v. CMC Fabricators Inc.
Subcontractor may recover attorney fees from contractor after proving they never entered into contract following submission of bid.
Contracts Nov. 21, 2012
Monarrez v. Automobile Club of Southern California
Auto Club may be liable for injuries suffered by motorist who was struck while receiving roadside assistance from tow truck company.
Torts Nov. 21, 2012
Sebelius v. Cloer
Order
Nov. 21, 2012
Singh v. Davi
Former police officer is entitled to real estate broker’s license despite his prior misdemeanor conviction for theft by false pretenses.
Real Property Nov. 21, 2012
U.S. v. Wiggan
Technician's conviction for perjury in connection with wiretapping conspiracy is overturned because grand jury foreperson was allowed to testify regarding her credibility.
Criminal Law and Procedure Nov. 21, 2012
People v. Barba
Forgers may be guilty of using another’s personal information to cash stolen checks, even if they did not impersonate anyone during scheme.
Criminal Law and Procedure Nov. 21, 2012
Horne v. Dept. of Agriculture
Order
Nov. 21, 2012
People v. Hawkins
Suspect who gave written search consent cannot appeal dismissal motion on hearsay grounds where he did not raise issue with trial court.
Criminal Law and Procedure Nov. 21, 2012
People v. Moncada
Man is convicted of killing infant son by pushing him into couch until he stopped breathing, even though son died eight years later of complications.
Criminal Law and Procedure Nov. 21, 2012
People v. Jackson
Operator of medical marijuana dispensary, who cultivated marijuana for 1,600 members of collective, is entitled to defense under Medical Marijuana Program Act.
Criminal Law and Procedure Nov. 21, 2012
U.S. v. Jingles
Previous appellate court panel’s ruling on variance on direct appeal precludes review of petitioner’s constructive amendment claim.
Criminal Law and Procedure Nov. 20, 2012
Darling v. Superior Court (Western Pacific Housing Inc.)
Builder may halt construction defect lawsuit and withhold requested documents where homeowner failed to serve builder with prelitigation notice of complaint.
Real Property Nov. 20, 2012
City of Alhambra v. County of Los Angeles
Los Angeles County may not impose disputed property tax administration fees using tax revenue that was diverted by 2004 budgetary measures.
Taxation Nov. 20, 2012
People v. Sanders
Defendant’s simultaneous possession of two firearms supports multiple convictions based on different statutes, but not separate punishment for violating same statute.
Criminal Law and Procedure Nov. 20, 2012
Dow v. Lassen Irrigation Co.
Irrigation company cannot divert and store water under 1940 judgment and decree where disputed clause granted no such rights and would clash with rest of decree.
Real Property Nov. 20, 2012