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Name Category Published
Friends of Aviara v. City of Carlsbad
City must adopt timeline dealing with inconsistencies in general plan when revising housing element to provide low cost housing.
Real Property Nov. 2, 2012
People v. Salas
Court may execute suspended 2005 robbery conviction due to 2011 assault conviction because original probation had not yet expired.
Criminal Law and Procedure Nov. 1, 2012
Tuolumne Jobs & Small Business Alliance v. Superior Court (Wal-Mart Stores Inc.)
City cannot bypass environmental review for Wal-Mart expansion by adopting ordinance to approve project without holding special election.
Environmental Law Nov. 1, 2012
D.B., a Minor
Minor may not be committed to juvenile facility because most recent allegations against him involved giving false name to officer and resisting arrest.
Juveniles Nov. 1, 2012
Luis M. v. Superior Court (People)
Restitution award for minor's graffiti vandalism may not include general investigation and abatement costs, and must calculate actual cleaning costs.
Juveniles Nov. 1, 2012
People v. Washington
Prior Illinois convictions for aggravated assault qualify as serious felonies and thus, amount to strikes under California's Three Strikes law.
Criminal Law and Procedure Nov. 1, 2012
Destiny S., a Minor
Juvenile court may not declare child dependent based solely on mother’s drug use and without showing specific, defined risk of harm to child.
Juveniles Nov. 1, 2012
People v. Verba
Sex offender cannot receive additional custody credits under new law because fiscal and deterrent-based reasons constitute rational bases for delayed operative date.
Criminal Law and Procedure Nov. 1, 2012
In re Reno
Defendant engages in abusive writ practice by filing second habeas petition that is untimely, 521 pages long, and has 143 claims.
Criminal Law and Procedure Nov. 1, 2012
Chino MHC LP v. City of Chino
City may not deny mobile home park owner's application to convert park to resident ownership because conversion was not a sham to avoid rent control.
Real Property Nov. 1, 2012
R.C., a Minor
Father's visits with children must be monitored because children were at risk of harm due to father's physical attacks and threats against mother.
Juveniles Oct. 31, 2012
U.S. v. Johnson
Defendant, who had two decades-old rape convictions, must undergo sexual offender assessment as condition of supervised release.
Criminal Law and Procedure Oct. 31, 2012
Degelmann v. Advanced Medical Optics Inc.
Order
Oct. 31, 2012
The Kroger Co. v. WCAB
Vocational rehabilitation maintenance award to injured employee is set aside after WCAB improperly denied employer’s appeal of decision.
Workers' Compensation Oct. 31, 2012
People v. Sosa
Convictions for possessing cocaine and possession while armed are upheld where defendant discarded cocaine while carrying firearm.
Criminal Law and Procedure Oct. 31, 2012
Sands & Associates v. Juknavorian
Law firm that won former client's case against it may not receive attorney fees when firm was represented by its own 'of counsel' attorneys.
Attorneys Oct. 31, 2012
Neiman v. Leo A. Daly Co.
Architecture company is not liable for visitor's fall down steps at community college because stripeless steps were obvious defect that college should have fixed.
Torts Oct. 31, 2012
Ayyad v. Sprint Spectrum L.P.
Telephone company may not compel arbitration of customer dispute involving early termination fees when issue had previously been decided.
Business Law Oct. 30, 2012
In re Salvatore Letizia
Order
Oct. 30, 2012
Cutaia v. Bondi, Atty Gen. of FL, et al.
Order
Oct. 30, 2012
Lewis v. Washington
Order
Oct. 30, 2012
McQuiggin v. Perkins
Order
Oct. 30, 2012
PPL Corporation v. CIR
Order
Oct. 30, 2012
Trevino v. Thaler, Dir., TX DCJ
Order
Oct. 30, 2012
In re Cabrera
Dept. of Corrections and Rehabilitation may identify inmate as prison gang associate based on drawings containing gang symbols in cell.
Criminal Law and Procedure Oct. 30, 2012
U.S. v. Aguilar-Vera
Operation Streamline proceeding violates alien’s rights when he was not questioned until an hour after judge began group advisement of multiple subgroups.
Immigration Oct. 30, 2012
Stankewitz v. Wong
Counsel's assistance is ineffective where he failed to present mitigating evidence of client's childhood abuse, substance use, and psychological damage.
Criminal Law and Procedure Oct. 30, 2012
Laurel Park Community LLC v. City of Tumwater
City ordinances seeking to prevent manufactured home parks from closing are not takings because they had nearly no economic effect.
Real Property Oct. 30, 2012
People v. Otero
Use of diagram to explain proof beyond reasonable doubt is harmless misconduct because there was substantial evidence against defendant in sexual assault case.
Criminal Law and Procedure Oct. 30, 2012
Wanke, Industrial, Commercial, Residential Inc. v. Superior Court (Keck)
Under valid settlement agreement, former employee may not solicit company’s customers, who were specified on list contained in agreement.
Contracts Oct. 30, 2012