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Name Category Published
Family PAC v. McKenna
Election law that prohibited contribution within 21 weeks of general election is invalid because it is not closely related to state’s important informational interest. 		Government Dec. 30, 2011
Balderas v. Countrywide Bank N.A.
Complaint alleging Truth In Lending Act violation survives dismissal motion based on three-day statutory rescission period where plaintiffs claimed notice of right to cancel loan was incomplete. 		Banking Dec. 30, 2011
Estrella v. Ollison
Court commits harmless error in imposing upper term sentence based on fact of defendant’s prior conviction, which had not been proven beyond reasonable doubt. 		Criminal Law and Procedure Dec. 30, 2011
People v. Archuleta
Admission of testimonial hearsay as basis evidence to support expert opinions does not violate Sixth Amendment's confrontation clause. 		Criminal Law and Procedure Dec. 30, 2011
Opinion of Harris
Fees levied on building permit applicants that underwrite implementation of building standards, which are of public concern, do not constitute unlawful taxation. 		Government Dec. 29, 2011
Opinion of Harris
Dept. of Public Health may enforce forensic alcohol testing regulations even without licensing authority. 		Government Dec. 29, 2011
Opinion of Harris
Ralph M. Brown Act permits closed-session discussion of amount of consideration agency is willing to pay for real property rights and manner of payment. 		Government Dec. 29, 2011
Orange County Dept. of Education v. California Dept. of Education
School district that de-facto parent resides in is responsible for funding child's out-of-state special education. 		Education Dec. 29, 2011
U.S. v. Valenzuela-Espinoza
Statements made over six hours after defendant’s arrest must be suppressed under ‘McNabb-Mallory’ rule because delay in presenting defendant to magistrate was unreasonable. 		Criminal Law and Procedure Dec. 29, 2011
U.S. v. Shetler
Government fails to bear burden of showing that inculpatory statements to DEA officials were not product of concededly illegal searches of suspect's home and garage. 		Criminal Law and Procedure Dec. 29, 2011
Collins v. eMachines Inc.
Computer manufacturer’s active concealment of known defect in its computer violates Consumer Legal Remedies Act’s proscription against deceptive practices. 		Business Law Dec. 29, 2011
Service Employees International Union Local 1021 v. San Joaquin County
Former employee’s retirement during pendency of arbitration does not divest arbitrator of contractually granted power to arbitrate dispute pursuant to agreement. 		Civil Procedure Dec. 29, 2011
Glenn v. Washington County
Officers may not be entitled to qualified immunity from excessive force claim where they fatally shot suicidal teenager who did not pose threat to others’ safety. 		Civil Rights Dec. 28, 2011
Parker v. Small
Supplemental jury instructions based on 'People v. Moore,' which encouraged deadlocked jury to reach verdict in murder prosecution, is not coercive per se. 		Criminal Law and Procedure Dec. 28, 2011
Wright v. Incline Village General Improvement District
Under First Amendment, improvement district may exclude persons who do not own property within district boundaries from access to beaches that it owns. 		Constitutional Law Dec. 28, 2011
K.D. v. Hawaii Dept. of Education, State of Hawaii
Individuals with Disabilities Education Act does not require tuition reimbursements for private schooling if comparable education can be provided through public schools. 		Education Dec. 28, 2011
Robinson v. City of Chowchilla
Denial of motion of attorney fees is improper where court fails to apply correct criteria in suit that enforces important right affecting public interest. 		Government Dec. 28, 2011
Hardesty v. Sacramento Metropolitan Air Quality Management District
In review of hearing board's issuance of abatement order, independent judgment standard does not apply where mining operation would not be driven out of business due to order. 		Administrative Agencies Dec. 28, 2011
People v. Davis
Federal prosecution for failing to register as sex offender does not bar subsequent state prosecution because prosecutions did not involve same conduct. 		Criminal Law and Procedure Dec. 28, 2011
People v. Gregerson
Court properly places burden of proof essential for relief by means of outpatient treatment on mentally disordered offender to show suitability for treatment. 		Criminal Law and Procedure Dec. 27, 2011
People v. James
Jail’s system for legal research does not violate right to self-representation where inmates had reasonable access to materials through legal research assistants. 		Criminal Law and Procedure Dec. 27, 2011
Guatay Christian Fellowship v. County of San Diego
Church’s RLUIPA claims are unripe for review absent county’s final determination on use permit application, which church barely attempted to obtain. 		Administrative Agencies Dec. 27, 2011
People v. Bowman
Prosecution may use defendant’s selective silence in response to questioning after receiving 'Miranda' warnings as adoptive admissions because defendant spoke with detective voluntarily. 		Criminal Law and Procedure Dec. 27, 2011
Opinion of Harris
Animal control officers cannot posses or administer controlled substances on animals without contemporaneously consulting with, and receiving directions from, licensed veterinarian. 		Government Dec. 27, 2011
Opinion of Harris
Victim advocate may not be excluded from interview of sexual assault victim by law enforcement authorities where victim chooses to have advocate present. 		Criminal Law and Procedure Dec. 27, 2011
Opinion of Harris
Private parking lot owners are not authorized to issue citations imposing monetary sanctions on owners of vehicles parked on their property for violating owner’s rules. 		Government Dec. 27, 2011
Robinson v. City of Chowchilla
City violates Public Safety Officers Procedural Bill of Rights Act by removing police chief absent notice, statement of reasons, and opportunity for appeal. 		Employment Law Dec. 27, 2011
Harrison v. Board of Parole Hearings (People)
Determination that prisoner meets mentally disordered offender status is improper given that records are doubtful that he was evaluated by qualified health professionals. 		Criminal Law and Procedure Dec. 27, 2011
Fayroyan-Mezhlumyan v. Wells Fargo Bank
Plaintiff asserting cause of action related to loan account against defendant-bank is not ‘depositor’ subject to one-year statute of limitations. 		Banking Dec. 23, 2011
Eden Township Healthcare District v. Sutter Health
Government official’s participation in negotiation of contract does not void agreement where there is no conflict of interest involved. 		Government Dec. 23, 2011
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