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Name Category Published
People v. Cason
Order
Aug. 26, 2011
People v. Branner
Order
Aug. 26, 2011
Chism v. Washington State
Officers are not entitled to qualified immunity where they acted recklessly by including false statements and omissions in affidavit supporting search warrant.
Civil Rights Aug. 26, 2011
Khoshfahm v. Holder
Parent’s intent to abandon legal residency status is imputed to unemancipated minor child, until child turns 18 years old.
Immigration Aug. 26, 2011
Barnes v. U.S. Dept. of Transportation
Federal Aviation Administration must consider indirect environmental impact of increased demand at airport resulting from construction of additional runway.
Environmental Law Aug. 26, 2011
J.A., a Minor
Admission of child sex crime victim's out-of-court statements is proper where minor defendant's confession was not significantly inconsistent with victim's statements.
Juveniles Aug. 26, 2011
City of Palmdale v. Palmdale Water District
Approval of new water rate structure is error where agency failed to demonstrate how new rate complied with proportionality requirement under constitutional mandate.
Administrative Agencies Aug. 26, 2011
Aroa Marketing Inc. v. Hartford Insurance Co. of the Midwest
Underlying claim for misappropriation of likeness, as derivative of intellectual property right, falls within scope of excluded coverage in insurance policy.
Insurance Aug. 26, 2011
Coalition for a Sustainable Future in Yucaipa v. City of Yucaipa (Target Stores Inc.)
Dismissal of appeal is improper where appeal was rendered moot before judgment had been fully litigated.
Civil Procedure Aug. 26, 2011
People v. Tillis
Order
Aug. 26, 2011
Estate of Dito
Res judicata does not bar petition alleging financial elder abuse where primary right in prior proceeding was right to receive share of estate as omitted spouse.
Probate and Trusts Aug. 25, 2011
Marriage of La Moure
Father's due process rights are not violated where financial institution provided obligor with sufficient notice of levy on individual retirement account rollover.
Family Law Aug. 25, 2011
Carter v. Prime Healthcare Paradise Valley LLC
Plaintiff’s failure to prove that caretaker’s neglect as to elderly father amounted to egregious conduct defeats elder abuse claim under Elder Abuse Act.
Torts Aug. 25, 2011
U.S. v. Matus-Zayas
Admission of material witnesses’ videotaped depositions at trial is improper without government’s showing of unavailability.
Criminal Law and Procedure Aug. 25, 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 Aug. 25, 2011
U.S. v. Barajas-Alvarado
Alien criminal defendant is entitled to some meaningful review of proceedings resulting in expedited removal order to determine violation of due process rights.
Criminal Law and Procedure Aug. 25, 2011
Gutierrez v. County of San Bernardino
County is not strictly liable for installing flood control improvements where it was attempting to protect private property owners from risk created by nature.
Real Property Aug. 25, 2011
Theiler v. Ventura County Community College District
Time spent coaching does not count towards calculation of employee’s full-time equivalent.
Education Aug. 25, 2011
People v. Mace
Driver has duty to ascertain what assistance injured person may need where he knows that person involved in accident is injured.
Criminal Law and Procedure Aug. 25, 2011
Tafti v. County of Tulare
Notice contained in enforcement order is inadequate in failing to provide nature of administrative hearing involved where civil penalties could be increased.
Administrative Agencies Aug. 25, 2011
Gramercy Investment Trust v. Lakemont Homes Nevada Inc.
Choice of law provision in guaranty contract does not compel application of New York anti-deficiency laws to foreclosure proceeding involving California property.
Real Property Aug. 25, 2011
Bank of America Corp. v. Superior Court (Ronald)
Borrowers fail to show cause of action for fraudulent concealment where no nexus exists between alleged scheme and generalized harm of home value decline.
Banking Aug. 25, 2011
Vaca v. Wachovia Mortgage Corp.
Three-year statute of limitations bars plaintiff's claims despite ignorance of defendant’s role in fraudulent transactions, which prior suit was based on.
Torts Aug. 24, 2011
Withrow v. Bache Halsey Stuart Shield Inc.
ERISA claim is not untimely where claimant does not have reason to know of benefit denial until insurer denies appeal.
Employment Law Aug. 24, 2011
WPP Luxembourg Gamma Three Sarl v. Spot Runner Inc.
Plaintiff properly alleges fraudulent intent for purposes of securities fraud claim where duty to disclose that founders were selling shares was ignored.
Securities Aug. 24, 2011
Napoliello v. Commissioner of Internal Revenue
IRS properly sends partner affected item notice of deficiency because deficiency required partner-level determination that did not allow direct computational adjustment.
Taxation Aug. 24, 2011
Hill v. San Jose Family Housing Partners LLC
City-issued compliance order regarding illegally constructed billboard subject to prior litigation is newly discovered evidence, justifying new trial on damages.
Civil Procedure Aug. 24, 2011
People v. Barajas
Probation condition prohibiting probationer’s presence adjacent to any campus must use language that has reasonable specificity to survive vagueness claim.
Criminal Law and Procedure Aug. 24, 2011
Opinion of Harris
City council may not remove its appointee to Board of Trustees of Mosquito and Vector Control District at its discretion.
Government Aug. 24, 2011
Aroa Marketing Inc. v. Hartford Insurance Co. of the Midwest
Underlying claim for misappropriation of likeness, as derivative of intellectual property right, falls within scope of excluded coverage in insurance policy.
Insurance Aug. 24, 2011