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Name Category Published
Esper v. S.C. (People)
Order
Aug. 17, 2012
People v. Caballero
Sentence of life in prison without parole for non-homicide juvenile offender constitutes cruel and unusual punishment under Eighth Amendment.
Criminal Law and Procedure Aug. 17, 2012
Pinnacle Museum Tower Association v. Pinnacle Market Development (US) LLC
Although homeowners' association did not exist independent of developer when recorded declaration was drafted, arbitration clause in declaration is enforceable against association.
Real Property Aug. 17, 2012
Hansen v. Board of Registered Nursing
No due process violation occurs where Board of Registered Nursing revoked license after serving nurse at last known address and nurse filed writ after deadline.
Administrative Agencies Aug. 17, 2012
Knox v. California State Employees Association
Order
Aug. 17, 2012
Sessoms v. Runnels
‘Davis’ rule that suspect must unambiguously request counsel is inapplicable when suspect has not yet waived his ‘Miranda’ rights.
Criminal Law and Procedure Aug. 17, 2012
U.S. v. Duenas
While police violated defendants' rights by allowing media onto property during execution of warrant, evidence is not excluded because media did not disturb evidence.
Criminal Law and Procedure Aug. 17, 2012
U.S. v. Stanley
Order
Aug. 17, 2012
Jones v. Ryan
Prosecutor's incorrect statement regarding kicked-in door did not amount to misconduct because discrepancy was immaterial and would not have undermined testimony.
Criminal Law and Procedure Aug. 17, 2012
Meruelo v. Commissioner of Internal Revenue
IRS may issue deficiency notice and pursue deficiency concerning affected item at partner-level even if no partnership-level proceeding has been instituted.
Taxation Aug. 17, 2012
Sollberger v. Commissioner of Internal Revenue
Transfer of floating rate notes in exchange for nonrecourse loan at 90 percent of notes' value constitutes sale, which triggers capital gains tax.
Taxation Aug. 17, 2012
Guardianship of Vaughan
In guardianship proceeding, ‘stable placement’ provision within Family Code Section 3041 is not dependent on child first being abandoned with nonparent.
Family Law Aug. 17, 2012
Dowling v. Farmers Insurance Exchange
Stipulated trial deadline for class action matter is tolled where language of stipulation contemplated future tolling events after agreement was drafted.
Civil Procedure Aug. 17, 2012
People v. Diaz
Failure to give cautionary instruction regarding evidence of criminal threats is harmless where jury would not have reached more favorable result had instruction been given.
Criminal Law and Procedure Aug. 17, 2012
Swarthout v. Superior Court (Culver City Police Dept.)
Trial court lacks authority to issue transfer order for inmate in state prison where there is no statutory basis for transfer.
Criminal Law and Procedure Aug. 17, 2012
Touchstone Television Productions v. Superior Court (Sheridan)
Actress may not sue for wrongful termination in violation of public policy based upon employer’s refusal to renew her employment contract.
Employment Law Aug. 17, 2012
U.S. v. Acosta-Sierra
Defendant who threw rock at federal officer is not guilty of assault where officer was not aware of threat of harm until after it had passed.
Criminal Law and Procedure Aug. 16, 2012
Aguilar-Turcios v. Holder
Petitioner is not removable where his conviction for using government computer to access pornographic websites is not ‘aggravated felony’ under modified categorical approach.
Immigration Aug. 16, 2012
Shuts v. Covenant Holdco LLC
Resident in understaffed nursing home may sue facility despite absence of language in administrative regulations because patient's rights cannot be waived.
Health Care Aug. 16, 2012
People v. Coleman
Order authorizing involuntary medication for purpose of restoring defendant to competence is sufficiently specific by implicitly relying on prior treatment plan.
Criminal Law and Procedure Aug. 16, 2012
Nemecek & Cole v. Horn
Arbitrator is not required to disclose participation in bar association committee even if attorney, who worked for defendant law firm, also participated.
Civil Procedure Aug. 16, 2012
Vieira Enterprises Inc. v. City of East Palo Alto
Plaintiff's substantive due process claim against city fails because it did not have property interest in manufactured homes that had become fixtures.
Real Property Aug. 16, 2012
Far East National Bank v. United States Trustee San Diego (In re Premier Golf Properties LP)
Debtor golf club is not prohibited from using cash collateral because postpetition revenue from green fees and driving range fees are not bank's cash collateral.
Bankruptcy Aug. 15, 2012
Monge v. Maya Magazines Inc.
Fair use does not protect magazine's publication of celebrity couple's secret wedding photos, which were stolen and previously unpublished.
Intellectual Property Aug. 15, 2012
Kifle-Thompson v. State Board of Chiropractic Examiners
Writ of administrative mandate is unavailable to chiropractor whose license was revoked where substantial evidence supported Board of Chiropractic Examiners' decision to revoke license.
Administrative Agencies Aug. 15, 2012
City of Corona v. Liston Brick Co. of Corona
Party in eminent domain proceeding may not cross-examine appraisal expert with alternative appraisal where valuation is done by another expert.
Real Property Aug. 15, 2012
Silk v. Feldman
In defamation action, anti-SLAPP motion is properly denied where plaintiff demonstrated that accusations that she oversaw settlement for personal benefit were untrue.
Torts Aug. 15, 2012
City of Maywood v. Los Angeles Unified School District
Non-pecuniary motives do not disqualify public entity litigants from obtaining attorney fees pursuant to Code of Civil Procedure Section 1021.5.
Civil Procedure Aug. 15, 2012
Nelsen v. Legacy Partners Residential Inc.
Arbitration agreement is not unconscionable because litigant failed to establish both substantive and procedural unconscionability.
Contracts Aug. 15, 2012
Fahlen v. Sutter Central Valley Hospitals
Whistleblower doctor is not required to exhaust administrative remedies where such proceedings would provide means for retaliation.
Employment Law Aug. 15, 2012