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Name Category Published
A.A., a Minor
Juvenile court’s prior removal order due to mother’s incarceration precludes court from considering child’s placement with mother in second dependency proceeding.
Juveniles Feb. 15, 2012
People v. Borzakian
Police officer is not qualified to authenticate photographic evidence of traffic violation where private company was contracted to maintain and service automated system.
Civil Procedure Feb. 15, 2012
Rangel-Zuazo v. Holder
Board of Immigration Appeals' decision to deny petitioner relief due to failure to meet comparability requirement is in error because requirement is arbitrary and capricious.
Immigration Feb. 14, 2012
Association of Irritated Residents v. United States Environmental Protection Agency
Order
Feb. 14, 2012
U.S. v. Yeung
Mandatory Victims Restitution Act requires court to provide adequate explanation in reaching amount of restitution to victims of fraudulent real estate investment scheme.
Criminal Law and Procedure Feb. 14, 2012
Watison v. Carter
Prison inmate's First Amendment complaints against prison officials are improperly dismissed where inmate filed grievances and had retaliatory action taken against him.
Prisoners Rights Feb. 14, 2012
Hunt v. County of Orange
Although 'policymaker' exception to prohibition against retaliation based on political opinion does not apply, official is entitled to qualified immunity from suit.
Civil Rights Feb. 14, 2012
Marriage of Thorne and Raccina
Modification of dissolution judgment to divide military pension under 'time rule' is improper where judgment considered pension and extrinsic mistake did not occur.
Family Law Feb. 13, 2012
The American Civil Liberties Union of Nevada v. Masto
State legislature's decision to enact sex offender registration and notification requirements retroactively does not violate constitutional prohibition of retroactive additional punishments.
Criminal Law and Procedure Feb. 13, 2012
Beets v. County of Los Angeles
Action seeking to show excessive force is barred by prior conviction because jury already determined excessive force was not used and action would undermine conviction.
Civil Rights Feb. 13, 2012
People v. Borzakian
Police officer is not qualified to authenticate photographic evidence of traffic violation where private company was contracted to maintain and service automated system.
Civil Procedure Feb. 13, 2012
Martinez v. Brownco Construction Co.
Under Code of Civil Procedure Section 998, when plaintiff makes two offers, which later expire, plaintiff may recover expert fees incurred after first offer.
Civil Procedure Feb. 13, 2012
Water Replenishment District of Southern California v. City of Cerritos
Trial court has jurisdiction to consider water transfer and appointment of watermaster where appellate court previously held that it could consider proposed allocation.
Real Property Feb. 10, 2012
People v. Brandao
Defendants convicted of annoying child motivated by abnormal sexual interest are not similarly situated with sex offenders that receive discretionary sexual registration requirements.
Criminal Law and Procedure Feb. 10, 2012
Lopez-Loera v. Holder
Order
Feb. 10, 2012
Zarate v. Holder
Alien’s departure following conviction is akin to formal removal procedure, interrupting his continuous presence in U.S. making him ineligible for cancellation of removal.
Immigration Feb. 10, 2012
Skilstaf Inc. v. CVS Caremark Corp.
Class action suit is correctly dismissed because it is barred by 'any other person' release provision in settlement agreement of related case.
Civil Procedure Feb. 10, 2012
SS Farms LLC v. Sharp (In re SK Foods L.P.)
Court lacks appellate jurisdiction over bankruptcy court’s interlocutory orders denying removal of trustee and return of records seized pursuant to trustee’s duties.
Bankruptcy Feb. 10, 2012
Metabolic Research Inc. v. Ferrell
Order denying motion to dismiss based on anti-SLAPP statute does not justify immediate appeal because it can be reviewed through normal appellate process.
Civil Procedure Feb. 10, 2012
Adams v. United States Forest Service
Forest Services may not charge fees to certain Mount Lemmon recreational visitors who meet Federal Lands Recreation Enhancement Act's blanket fee prohibition.
Environmental Law Feb. 10, 2012
The Save The Peaks Coalition v. United States Forest Service
Although court improperly applied laches, error was not prejudicial since plaintiffs’ claim alleging National Environmental Protection Act violation lacks merit.
Environmental Law Feb. 10, 2012
Hecimovich v. Encinal School Parent Teacher Organization
Coach's defamation suit against parent teacher organization is subject to SLAPP motion because safety in youth sports is issue of public interest.
Civil Procedure Feb. 10, 2012
In re Mims
Parole agency’s determination of defendant’s unsuitability for parole is supported by some evidence, which compels denial of petition for habeas relief.
Criminal Law and Procedure Feb. 10, 2012
People v. Louie
Street terrorism sentence is stayed where defendants had already been punished for criminal acts underlying street terrorism charges.
Criminal Law and Procedure Feb. 9, 2012
Ibrahim v. Department of Homeland Security
Student, who was prevented from returning to U.S. due to No-Fly List, may assert constitutional claims based on substantial connections with U.S.
Administrative Agencies Feb. 9, 2012
McOmie-Gray v. Bank of America Home Loans
Three-year statute of repose requires dismissal of rescission claim filed more than three years after consummation of home-secured loan, regardless of when borrower sends notice of rescission.
Banking Feb. 9, 2012
U.S. v. Kimsey
Conviction under federal criminal contempt statute for unauthorized practice of law cannot be based on violation of state court's local rules.
Criminal Law and Procedure Feb. 9, 2012
Ruiz v. Affinity Logistics Corp.
In determining whether individuals were employees or independent contractors, court errs in applying parties' Georgia choice of law provision in employment agreement.
Employment Law Feb. 9, 2012
Howard v. Omni Hotels Management Corp.
Prior incidents of slipping at out-of-state hotel do not provide adequate notice of dangerous condition to hotel due to lack of substantial similarities.
Torts Feb. 9, 2012
People v. Holford
In prosecution for possession of child pornography, 25-minute video of child pornography may be shown to jury in its entirety because of high probative value.
Criminal Law and Procedure Feb. 9, 2012