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Name Category Published
Duncan v. The McCaffrey Group Inc.
Parol evidence rule does not apply to false advertising claim where allegations on which plaintiffs relied were not offered to vary, alter, or add to terms of contract. 		Business Law Oct. 31, 2011
L.K. v. Golightly
Parent must seek judicial review of Child Support Services Dept. decision by filing petition for writ of mandate, not tort action. 		Family Law Oct. 28, 2011
Wallace v. McCubbin
Order 		Oct. 28, 2011
Vargas (Matthew Felix) on Habeas Corpus
Order 		Oct. 28, 2011
Vandermost v. Bowen (Citizens Redistricting Commission)
Order 		Oct. 28, 2011
Miller v. City of Los Angeles
Imposition of sanctions is improper although defense counsel conceded that he violated order precluding argument that plaintiff was armed when shot by police. 		Civil Procedure Oct. 28, 2011
Taylor v. Commissioner of Social Security Administration
Social Security Appeals Council improperly rejects doctor's psychiatric evaluation, which concerned assessment of mental health since applicant’s disability onset date. 		Government Oct. 28, 2011
Newton-Nations v. Betlach
Secretary of Health and Human Services exceeds waiver authority by approving Arizona's heightened cost sharing requirements for Medicaid recipients. 		Government Oct. 28, 2011
U.S. v. Williams
Defendant is guilty of advertising distribution of child pornography, even if he did not personally produce images, because he knowingly distributed images. 		Criminal Law and Procedure Oct. 28, 2011
Schultz v. Tilton
Jury instruction does not violate due process clause where it stated that finding defendant committed prior sexual offenses by preponderance of evidence is insufficient to prove commission of crimes. 		Criminal Law and Procedure Oct. 28, 2011
Seeboth v. Mayberg
Appeal of habeas petition is moot where it did not challenge commitment as sexually violent predator for indeterminate term based on proceeding that was legitimate. 		Criminal Law and Procedure Oct. 28, 2011
Amezcua v. Los Angeles Harley-Davidson
Motorcyclist may not recover for injuries suffered during organized group motorcycle ride where he assumed risk in activity, which organizer did not increase. 		Torts Oct. 28, 2011
Southern California Gas Co. v. South Coast Air Quality Management District
Air quality management district's rule imposing monitoring requirements on natural gas distributor is reasonable because distributor derived gas from liquefied natural gas. 		Environmental Law Oct. 28, 2011
In re Douglas
Court errs in granting habeas petition that was filed more than decade after defendant had notice of legal basis for petition. 		Criminal Law and Procedure Oct. 28, 2011
U.S. v. Nosal
Order 		Oct. 28, 2011
Today's Fresh Start v. Los Angeles County Office of Education
Order 		Oct. 28, 2011
Rental Housing Owners Association of Southern Alameda County Inc. v. City of Hayward
City's amended ordinance does not violate Fourth Amendment by requiring landlords to make good faith efforts to obtain tenant consent to inspections by city officials. 		Real Property Oct. 27, 2011
City of Scotts Valley v. County of Santa Cruz
Court incorrectly interprets tax allocation statutes where shift in property tax revenues applied to low-property tax city incorporated before enactment of Proposition 13. 		Taxation Oct. 27, 2011
Trident Labs Inc. v. Merrill Lynch Commercial Finance Corp.
Enforcement of forum selection clause is unreasonable where defendant, which held discretionary power, chose to extensively litigate its rights in original forum. 		Civil Procedure Oct. 27, 2011
CDF Firefighters v. Maldonado
Voluntary dismissal of separate and distinct contract claim does not bar recovery of attorney fees by defendant on adjudicated contract claim. 		Contracts Oct. 27, 2011
People v. Kingsberry
Court properly corrects sentencing error by increasing defendant’s term in prison from four years, which was unauthorized under sentencing triad, to six years. 		Criminal Law and Procedure Oct. 27, 2011
People v. Davis
MDMA qualifies as ‘controlled substance’ because chemical name of substance contains ‘methamphetamine,’ which is defined as controlled substance. 		Criminal Law and Procedure Oct. 27, 2011
People v. Santana
Jury instruction on attempted mayhem, which included 'gunshot wound' as example, improperly focuses on intent to injure, instead of nature of injury. 		Criminal Law and Procedure Oct. 27, 2011
Radanovich v. Bowen (Citizens Redistricting Commission)
Order 		Oct. 27, 2011
Sarei v. Rio Tinto PLC
Alien Tort Statute gives court jurisdiction over claims of genocide, which fall within limited category of claims for violations of internationally accepted norms. 		Torts Oct. 26, 2011
Gonzales v. U.S. Dept. of Homeland Security
Appellate court ruling, which held that applicants could not adjust status because they were ineligible to receive Form I-212 waivers, applies retroactively. 		Immigration Oct. 26, 2011
U.S. v. Carona
Defendant who tried to persuade witness to provide false testimony commits witness tampering even if he did not want witness to withhold all testimony. 		Criminal Law and Procedure Oct. 26, 2011
Carrillo-Yeras v. Astrue
Delay in reopening determination of eligibility for disability insurance benefits must be supported by showing that agency diligently pursued investigation. 		Government Oct. 26, 2011
People v. Sanchez
Positioning of deputy near defendant during testimony is not inherently prejudicial where court has discretion to maintain such security measures. 		Criminal Law and Procedure Oct. 26, 2011
Arsdi v. Holder
Alien fails to exhaust administrative remedies in challenging IJ’s ruling that crime was 'particularly serious' where he only raised general allegations in appeal to BIA. 		Immigration Oct. 25, 2011
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