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Name Category Published
Citizens for Open Government v. City of Lodi (Browman Development Inc.)
Trial court erroneously applies deliberative process privilege because city failed to meet burden of showing conditions for creation of privilege.
Civil Procedure Apr. 24, 2012
D.M., a Minor
Minor lacks standing to challenge juvenile court’s finding that his younger half-siblings are adoptable because their adoptability does not affect his cognizable rights.
Juveniles Apr. 24, 2012
Haynes v. EMC Mortgage Corp.
Trustee may exercise power to sell property regardless of whether assignment of beneficial interest in deed of trust is recorded first.
Real Property Apr. 24, 2012
In re Pugh
Parole is properly reinstated where governor’s reversal of decision to grant parole was not supported by 'some evidence' of current dangerousness.
Criminal Law and Procedure Apr. 24, 2012
Farag v. ArvinMeritor Inc.
Offer to compromise under Code of Civil Procedure Section 998 does not need to be made separately to each spouse to be valid.
Civil Procedure Apr. 24, 2012
Caldera Pharmaceuticals Inc. v. Regents of the University of California
Pharmaceutical company's claims for breach of contract and fraud related to patent licensing agreement are not subject to exclusive federal jurisdiction because they do not 'arise under' patent law.
Intellectual Property Apr. 24, 2012
Knox v. Dean
Conservator’s financial elder abuse claim against former conservator is properly plead based on allegations that former conservator allowed below-market rents at apartments within estate.
Probate and Trusts Apr. 24, 2012
People v. Guiamelon
Federal Medicaid anti-kickback statute does not preempt California’s anti-kickback statute where they shared consistent purpose of providing patient access to care.
Health Care Apr. 24, 2012
M.L., a Minor
Juvenile court lacks power to grant criminal records exemption because decision to grant exemption is executive function that lies exclusively with social services agency.
Juveniles Apr. 23, 2012
A.G., a Minor
Agency's failure to include information about relatives in notice to tribes as required by Indian Child Welfare Act requires reversal of order terminating parental rights.
Native American Affairs Apr. 23, 2012
Cuellar de Osorio v. Mayorkas
Order
Apr. 23, 2012
Alexander v. United States
Order
Apr. 23, 2012
In re Justo Richards
Order
Apr. 23, 2012
State of California Employment Development Dept. v. Hansen (In re Hansen)
Unemployment insurance tax does not give rise to nondischargeable debt because it is not 'tax required to be collected' from third party.
Bankruptcy Apr. 23, 2012
Maldonado v. Superior Court (People)
Fifth Amendment does not justify 'prophylactic' measures to ensure prosecution does not make improper use of defendant's statements to prosecution's examiners.
Criminal Law and Procedure Apr. 23, 2012
Meras v. Sisto
Supreme Court’s decision in ‘Crawford’ does not clearly establish rule that forensic lab reports are testimonial when they are produced in anticipation of litigation.
Criminal Law and Procedure Apr. 23, 2012
Robles-Urrea v. Holder
Misprision of felony is not categorically crime involving moral turpitude because misprision is not 'inherently base, vile, or depraved.'
Immigration Apr. 23, 2012
Wolfe v. Jacobson (In re Jacobson)
Under California's homestead exemption, debtor must reinvest proceeds from foreclosure sale in new homestead within six months of receipt or lose exemption.
Bankruptcy Apr. 23, 2012
Anchor Pacifica Management Co. v. Green
Management company, which operated apartments developed with redevelopment agency’s assistance, must identify good cause when evicting tenant participating in housing assistance program.
Real Property Apr. 23, 2012
Fleur Du Lac Estates Association v. Mansouri
Party may not appeal orders that followed court’s denial of opposing party’s first petition to compel arbitration because prior denial did not constitute final judgment.
Civil Procedure Apr. 23, 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. 22, 2012
Jordan R., a Minor
Dependency petition over child may not be sustained where agency failed to meet burden of proof in showing child was at substantial risk of sexual abuse.
Juveniles Apr. 22, 2012
Kaylee H., a Minor
Juvenile court errs by directing agency to file dependency petition when child was not at risk of neglect while in care of appointed guardian.
Juveniles Apr. 22, 2012
People v. Wells
Trial court commits prejudicial error by failing to instruct jury on defense of 'unconsciousness' where it was clear that defendant was relying on theory as defense.
Criminal Law and Procedure Apr. 22, 2012
Collins v. City of Los Angeles
Trial court does not abuse its discretion by apportioning attorney fees where it concluded that litigant's reasonably expected financial benefits warranted placing part of burden on litigant.
Civil Procedure Apr. 22, 2012
Sierra Club v. Napa County Board of Supevisors
Lot line adjustment ordinance is exempt from California Environmental Quality Act's purview because procedure for approval of adjustments involved only ministerial acts.
Environmental Law Apr. 22, 2012
Personal Court Reporters Inc. v. Rand
Anti-SLAPP motion is propely denied where plaintiff’s complaint did not implicate protected activity because main thrust of claim was for collection of unpaid debt.
Civil Procedure Apr. 22, 2012
Salmon Protection and Watershed Network v. County of Marin
Tolling agreements extending period for filing complaint challenging environmental impact report are effective because of strong public policy to encourage settlement of controversies.
Environmental Law Apr. 22, 2012
Long Beach Police Officers Association v. City of Long Beach (Los Angeles Times Communications)
Order
Apr. 20, 2012
Cameron (Christina) on H.C.
Order
Apr. 19, 2012