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Name Category Published
Johnson v. Alameda County Medical Center
County hospital is immune from psychiatric patient’s negligence claim based on injury following another patient's entry into her room due to misaligned door latch. 		Torts Apr. 26, 2012
Lewis v. Fletcher Jones Motor Cars Inc.
Defendant waives right to compel arbitration by waiting five months before demanding arbitration and litigating merits of plaintiff's claims through demurrers and motions to strike. 		Civil Procedure Apr. 26, 2012
Moody v. Bedford
Order 		Apr. 26, 2012
Dicon Fiberoptics Inc. v. Franchise Tax Board
Franchise Tax Board is not required to accept certification as prima face proof that worker is 'qualified employeee' for purpose of hiring tax credits. 		Taxation Apr. 26, 2012
People v. Livingston
Although videotaped interview violates right to confront witnesses as testimonial out-of-court statement, error is harmless because videotape was not important to jury. 		Criminal Law and Procedure Apr. 26, 2012
People v. Myles
Defendant fails to show prejudice from joinder where court ordered guilt phase bifurcated so jury could hear evidence in first case without exposure to evidence in other charge. 		Criminal Law and Procedure Apr. 26, 2012
People v. Vasquez
Statement made by codefendant disputing defendant's use of gun is not admissible as declaration against penal interest exception to hearsay rule. 		Criminal Law and Procedure Apr. 26, 2012
Crowley v. State of Nevada
Candidate in local election does not have private right of action under 42 U.S.C. Section 1983 based on violations of Help America Vote Act. 		Government Apr. 26, 2012
U.S. v. Backlund
Under Administrative Procedure Act, defendant may obtain review of Forest Service’s action if procedural requirements for direct review are met within limitations period. 		Criminal Law and Procedure Apr. 26, 2012
Buckwalter v. State of Nevada Board of Medical Examiners
Members of board of medical examiners are absolutely immune from civil rights liability in exercising summary suspension power because power is analogous to judicial function. 		Civil Rights Apr. 26, 2012
Jamulians Against the Casino v. Iwasaki (Jamul Indian Tribe)
Trial court exceeds scope of judicial notice in taking provisions of agreement into account that were not within allegations of petition. 		Civil Procedure Apr. 26, 2012
Hartnett v. Crosier
Supervisory employee classification creates ambiguity regarding application of statute to management employees who were also supervisory employees. 		Education Apr. 26, 2012
Consolidated Irrigation District v. Superior Court (City of Selma)
Motion to augment record should have been granted because including tape recordings of meetings with no transcripts best promotes purposes of accountability and informed self-government. 		Environmental Law Apr. 26, 2012
People v. Villegas
Sex offender registrant may be convicted for failing to report move and failing to report new address because substantial evidence supported both convictions even if they were based on same conduct. 		Criminal Law and Procedure Apr. 26, 2012
Abatti v. Imperial Irrigation District
Irrigation district is not required to prepare environmental impact report in adopting regulations implementing plan for distribution of water in event of water shortage. 		Environmental Law Apr. 26, 2012
Davis v. Foster Wheeler Energy Corp.
Plaintiffs' asbestos-related negligence case fails where it was based on contradictory testimony that failed to establish triable issue of fact. 		Torts Apr. 26, 2012
People v. Gisbert
Award of presentence custody credits is unauthorized where defendant was already committed to state prison for earlier burglary conviction. 		Criminal Law and Procedure Apr. 25, 2012
United States v. Home Concrete & Supply LLC
Six-year extended limitations period does not apply where taxpayer overstated basis on property that was sold, resulting in understatement of gain received. 		Taxation Apr. 25, 2012
Rivas v. Napolitano
Doctrine of consular nonreviewability does not apply to consulate’s lack of action on applicant’s request for reconsideration of denial of visa application. 		Immigration Apr. 25, 2012
Western Watersheds Project v. United States Dept. of the Interior
Under Equal Access to Justice Act, plaintiff is not entitled to attorney fees for work performed in pre-litigation administrative grazing-permit proceedings. 		Environmental Law Apr. 25, 2012
U.S. v. Apel
Convictions for trespassing on air force base cannot stand even though defendant was subject to pre-existing order barring him from base. 		Criminal Law and Procedure Apr. 25, 2012
Adoption of H.R., a Minor
Father is correctly determined to be 'Kelsey S.' father where he did not abandon minor or waive his parental rights. 		Juveniles Apr. 25, 2012
Alejandro G., a Minor
In determining juvenile defendant's competence to stand trial, court must examine minor's ability to consult with lawyer and understanding of proceedings. 		Juveniles Apr. 25, 2012
J.M. v. Superior Court (Ventura County Human Services Agency)
Juvenile court may bypass reunification services and set permanent plan hearing where mother’s criminal neglect was substantial factor in death of her child. 		Juveniles Apr. 25, 2012
Ralphs Grocery Co. v. Missionary Church of the Disciples of Jesus Christ
Church members do not have unfettered right to solicit funds in front of grocery store when there was no relation between expressive activities and store's location. 		Constitutional Law Apr. 25, 2012
Bankhead v. ArvinMeritor Inc.
$4.5 million punitive damages award is not excessive despite defendant's negative net worth because net worth is not only measure of defendant's wealth. 		Civil Procedure Apr. 25, 2012
Kinecta Alternative Financial Solutions Inc. v. Superior Court (Malone)
Trial court errs in denying motion to dismiss wage-and-hour class action allegations where arbitration agreement was enforceable and did not authorize class arbitration. 		Employment Law Apr. 25, 2012
Wood v. Milyard
Courts of appeals have authority, but not obligation, to raise forfeited timeliness defense on their own initiative in exceptional cases. 		Criminal Law and Procedure Apr. 24, 2012
Deitz v. Ford (In re Deitz)
Despite recent Supreme Court decision, bankruptcy courts have constitutional authority to hear and finally determine what claims are non-dischargeable in bankruptcy case. 		Bankruptcy Apr. 24, 2012
U.S. v. Milovanovic
In proving breach of fiduciary duty as element of honest services mail fraud, trust relationship where one party acts for another's benefit and induces party to relax vigilance is sufficient. 		Criminal Law and Procedure Apr. 24, 2012
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