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Name Category Published
Estate of Kampen
Defense of laches applies to bar beneficiary’s claim for non-statutory damages where beneficiary acquiesced to long delay in distribution of estate. 		Probate and Trusts Dec. 12, 2011
C.H., a Minor
Juvenile court lacks authority to commit ward if ward has not committed an enumerated offense, even if offense was specifically referenced. 		Juveniles Dec. 12, 2011
Khodayari v. Mashburn
In legal malpractice action, former criminal defendant must obtain postconviction exoneration and show actual innocence of probation violations resulting from alleged malpractice. 		Attorneys Dec. 9, 2011
K.A., a Minor
Dispositional orders made on rehearing, which exceeded deadline, are not invalid because statute did not provide consequence for noncompliance and delay did not prejudice defendant. 		Juveniles Dec. 9, 2011
Habibi v. Holder
For purposes of determining alien's status as aggravated felon, 365-day sentence qualifies as one-year term of imprisonment even if sentence was served during leap year. 		Immigration Dec. 9, 2011
Pagayon v. Holder
Alien’s admission of removability at pleading stage, if accepted by immigration judge, establishes removability. 		Immigration Dec. 9, 2011
U.S. v. Tapia
Court commits plain error in considering defendant’s rehabilitative needs when determining length of sentence. 		Criminal Law and Procedure Dec. 9, 2011
Imports Performance v. Dept. of Consumer Affairs, Bureau of Automotive Repair
Bureau of Automotive Repair properly revokes smog check license probation based on preponderance of evidence, and may reject pro rata reduction in determining costs. 		Administrative Agencies Dec. 9, 2011
Johnson v. Finn
Due process requires district court to conduct its own evidentiary hearing before rejecting magistrate judge’s credibility following hearing on voir dire issues. 		Criminal Law and Procedure Dec. 9, 2011
Johnson v. Board of Trustees of the Boundary County School District No. 101
Disabled individual failing to independently satisfy job prerequisite is not qualified for position, and therefore, employer is not obligated to accommodate. 		Employment Law Dec. 9, 2011
People v. Valencia
Single grant of consent does not prohibit subsequent searches if reasonable to conclude that search fell within scope of initial consent. 		Criminal Law and Procedure Dec. 9, 2011
Marriage of Guasch
Family court properly enjoins enforcement of default judgment obtained by third party against husband to preserve community property pending division between husband and wife. 		Family Law Dec. 9, 2011
Bautista v. State of California
Article XIV, Section 4 of California Constitution does not provide cause of action for state's alleged failure to secure safety in places of employment. 		Workers' Compensation Dec. 8, 2011
The Morning Star Co. v. Board of Equalization
Charge seeking to raise revenue to pay for governmental services that are unrelated to activity of charge is valid tax, not regulatory fee. 		Taxation Dec. 8, 2011
Kwong v. Holder
First-degree burglary conviction under California law is crime of violence subjecting defendant to removal, and is sufficiently established by state court's abstract of judgment. 		Immigration Dec. 8, 2011
Gonzalez v. Wong
In capital case, denial of colorable 'Brady' claim based on withholding of psychological reports is improper and thus, defendant may present new evidence in state court. 		Criminal Law and Procedure Dec. 8, 2011
Red Lion Hotels Franchising Inc. v. MAK LLC
Out-of-state franchisee may assert claim against Washington franchisor under Washington Franchise Investment Protection Act's franchisee bill of rights. 		Corporations Dec. 8, 2011
Quantification Settlement Agreement Cases
Agreement unconditionally obligating state to pay excess costs, but not granting enforcement rights to draw money from state treasury, does not violate California Constitution. 		Constitutional Law Dec. 8, 2011
People v. Kovacich
Murder conviction is supported by sufficient circumstantial evidence surrounding wife’s death by gunshot wound from gun similar to one her husband possessed. 		Criminal Law and Procedure Dec. 8, 2011
Westamerica Bank v. City of Berkeley
Bank fails to state claim of interpleader where bank would not be subject to double claims if it complies with city's demand for distribution of retention funds. 		Civil Procedure Dec. 7, 2011
Maurizio R. v. L.C.
Conditions of child’s return to habitual resident country are improper where they require abducting parent’s cooperation and acts beyond non-abducting parent’s control. 		Family Law Dec. 7, 2011
Stiger v. Flippin
Administrative subpoenas issued by Medical Board of California are valid as part of investigation into timeliness of defendants' submission of peer review report. 		Administrative Agencies Dec. 7, 2011
In re Witcraft
Prosecution is barred from subsequently charging defendant with second offense based on facts that were evident during prosecution of prior case. 		Criminal Law and Procedure Dec. 7, 2011
In re Lira
Defendant is not entitled to credit for period of continued incarceration following erroneous denial of parole, but is entitled to credit following Governor’s erroneous veto. 		Criminal Law and Procedure Dec. 7, 2011
Perez-Farias v. Global Horizons Inc.
Order 		Dec. 6, 2011
Joffe v. City of Huntington Park
City is not liable for inverse condemnation where conduct constituted general planning and did not result in direct interference with property at issue. 		Real Property Dec. 6, 2011
Ballona Wetlands Land Trust v. City of Los Angeles (Playa Capital Co. LLC)
Revised environmental impact report adequately discusses impacts of sea level rise due to global warming where response to comments suggested that inundation would not occur. 		Environmental Law Dec. 6, 2011
Reichle v. Howards
Order 		Dec. 6, 2011
People v. Mohamed
Conspiracy is not invalid theory of liability under Penal Code because liability attaches to anyone 'concerned' with offense, however slight such concern may be. 		Criminal Law and Procedure Dec. 6, 2011
People v. Sanchez
'Marsden' hearing is appropriate where defendant implies desire to withdraw plea based on ineffective assistance of counsel. 		Criminal Law and Procedure Dec. 6, 2011
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