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Name Category Published
Alderson v. United States
Relator’s share from successful Medicare fraud qui tam action under False Claims Act is not capital gain, but taxed as ordinary income. 		Taxation Jul. 19, 2012
Seltzer v. Paul Revere Life Insurance Company
Order 		Jul. 19, 2012
Hester v. Vision Airlines Inc.
Court does not abuse discretion in striking answer and declaring default after considering sanctioned party’s willful disobedience and pointlessness of lesser sanctions. 		Civil Procedure Jul. 19, 2012
NetJets Aviation Inc. v. Guillory
Assessment of personal property tax against managers of fractionally owned aircraft is constitutional, but may not be applied retroactively. 		Taxation Jul. 19, 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 Jul. 19, 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 Jul. 19, 2012
D.S., a Minor
Juvenile court errs in denying mother's petition to vacate finding that her children's stepmother was their presumed mother. 		Juveniles Jul. 19, 2012
In re Tapia
Grant of habeas relief is improper where ‘some evidence’ supports denial of parole based on prisoner's current dangerousness due to his allegiance to co-offender. 		Criminal Law and Procedure Jul. 19, 2012
Nelsen v. Legacy Partners Residential Inc.
Arbitration agreement is not unconscionable because litigant failed to establish both substantive and procedural unconscionability. 		Contracts Jul. 19, 2012
Croucier v. Chavos
In legal malpractice case, failure to promptly pursue enforcement of default judgment in underlying litigation constitutes actual injury triggering statute of limitations. 		Attorneys Jul. 19, 2012
Baughman v. Walt Disney World Co.
Under Americans with Disabilities Act, theme park must consider whether to permit use of Segways by disabled guests, while weighing safety considerations. 		Civil Rights Jul. 19, 2012
People v. Pasillas
Order 		Jul. 19, 2012
Beal Bank USA v. Windmill Durango Office LLC (In re Windmill Durango Office LLC)
Bankruptcy court properly denies creditor's motion to permit it to change ballot where creditor withdrew its vote without first establishing cause. 		Bankruptcy Jul. 18, 2012
Patel v. City of Los Angeles
City ordinance requiring hotels to make certain guest registry information available to police officers on request is not facially unconstitutional. 		Constitutional Law Jul. 18, 2012
Natural Resources Defense Council v. Salazar
Under Endangered Species Act, federal agency is not required to consult with U.S. Fish and Wildlife Service when renewing water service contracts. 		Environmental Law Jul. 18, 2012
U.S. v. Pope
Police search is legal where suspect admitted to marijuana possession and officer verbally ordered suspect to turn over contraband. 		Criminal Law and Procedure Jul. 18, 2012
Goldstone v. County of Santa Cruz
County may consider results of resident survey that revealed near-unanimous opposition to mobilehome park conversion in denying conversion application. 		Real Property Jul. 18, 2012
People v. Favor
Trial court is not required to instruct jury that premeditated attempt to murder must have been natural and probable consequence of target offense. 		Criminal Law and Procedure Jul. 17, 2012
People v. Riccardi
Erroneous excusal of prospective juror based on views concerning death penalty automatically compels reversal of penalty phase judgment without conducting prejudice inquiry. 		Criminal Law and Procedure Jul. 17, 2012
People v. Runyan
Mandatory restitution awarded to estate of victim is invalid because award did not represent loss incurred by decedent prior to his death due to defendant's crime. 		Criminal Law and Procedure Jul. 17, 2012
U.S. v. Pariseau
In attempted possession case, venue is proper in district where defendant took substantial steps in pursuit of offense, rather than district where arrest occurred. 		Criminal Law and Procedure Jul. 17, 2012
Terenkian v. The Republic of Iraq
Foreign state is entitled to sovereign immunity where participation in United Nations program did not constitute commercial activity for purposes of immunity exception. 		Civil Procedure Jul. 17, 2012
Griffith v. City of Santa Cruz
State Housing Law does not preempt city’s ordinance, which called for annual inspections of all residential rental properties within city limits. 		Real Property Jul. 17, 2012
Wilson v. Hynek
Plaintiff’s claim for unfair competition is unavailing where he fails to even allege that defendants’ wrongdoing could meet ‘unfairness test.’ 		Real Property Jul. 17, 2012
Opinion of Harris (11-401)
Term served prior to effective date of local initiative term-limit ordinance may not be counted against term limit imposed by that ordinance. 		Government Jul. 17, 2012
Michael Leslie Productions Inc. v. City of Los Angeles
Appellate court lacks authority to substitute judicial discretion for city’s decision to self-operate golf-cart concession at city-operated public golf courses. 		Government Jul. 17, 2012
Robles v. Employment Development Dept.
Terminated employee is not disqualified for unemployment compensation benefits because his attempt to buy shoes for friend was not misconduct. 		Employment Law Jul. 17, 2012
Dennis v. Kellogg Co.
Class action settlement that distributes remaining funds to charities is not proper under cy pres doctrine because goal of feeding indigent had nothing to do with underlying lawsuit. 		Civil Procedure Jul. 16, 2012
Y.M., a Minor
Federal laws pertaining to child victims of human sexual trafficking do not preempt state dependency law. 		Juveniles Jul. 16, 2012
O.P., a Minor
Special jury instruction, which permitted finding of current dangerousness based on charges filed against juvenile and incompetence to stand trial, violates due process. 		Juveniles Jul. 16, 2012
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