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Name Category Published
People v. Bennett
Police officers do not violate defendant's constitutional rights by stopping him based on parking violation subject to civil enforcement.
Criminal Law and Procedure Jul. 22, 2011
People v. Roldan
Conviction for failing to provide proof of insurance is improper where there is no evidence that officer made demand or request for proof.
Criminal Law and Procedure Jul. 22, 2011
Quantum Cooking Concepts Inc. v. LV Associates Inc.
Court properly relies on failure to comply with court rule requiring motions to be supported by memoranda in denying post-trial motions.
Civil Procedure Jul. 22, 2011
People v. Patel
Probation condition proscribing conduct punishable for presence, possession, association, or other action requires scienter for violation.
Criminal Law and Procedure Jul. 21, 2011
Chawanakee Unified School District v. County of Madera (Rio Mesa Holdings LLC)
Project's indirect impacts on parts of physical environment that are not school facilities must be considered in environmental impact report.
Environmental Law Jul. 21, 2011
Blair v. Martel
Antiterrorism and Effective Death Penalty Act requires denial of habeas petition where no Supreme Court decision clearly establishes due process right to speedy appeal.
Criminal Law and Procedure Jul. 21, 2011
Del Webb Communities Inc. v. Partington
Injunction prohibiting company from using ‘illegal, unlicensed and false practices’ in performing building inspections is too vague to define prohibited future conduct.
Torts Jul. 21, 2011
California Parking Services Inc. v. Soboba Band of Luiseno Indians
Arbitration clause does not waive Indian tribe's sovereign immunity because clause excluded rule providing consent to court jurisdiction.
Native American Affairs Jul. 21, 2011
People v. Rushing
Defendant fails to show bias in prosecution’s peremptory challenge where juror expressed religious prejudice and sympathy for gang members.
Criminal Law and Procedure Jul. 21, 2011
People v. Bell
For purposes of grand theft conviction, renter has sufficient intent to permanently deprive lessor of leasehold interest to extent of failure to pay rent.
Criminal Law and Procedure Jul. 21, 2011
A.C., a Minor
Oral visitation order, which conflicts with form final judgment, is controlling and does not improperly delegate authority to determine circumstances of visitation.
Juveniles Jul. 21, 2011
Brown v. Ralphs Grocery Co.
Decision holding that Federal Arbitration Act preempts California law regarding class action waiver does not apply to contractual waiver of private attorney general claim.
Employment Law Jul. 21, 2011
Moss v. Kroner
Secondary liability may be imposed on agents or those who materially assist in direct seller’s securities violations.
Securities Jul. 21, 2011
People v. Canizalez
Sufficient evidence supports second-degree murder conviction based on subjective awareness of risk of death that street racing created.
Criminal Law and Procedure Jul. 21, 2011
E.S., a Minor
Nonadoptive child’s petition to assert relationship as sibling is properly denied where petition did not show siblings had bonded with nonadoptive child.
Juveniles Jul. 21, 2011
People v. Canizalez
Order
Jul. 21, 2011
West v. Brewer
Order
Jul. 20, 2011
West v. Brewer
Order
Jul. 20, 2011
Bailey v. Brewer
Denial of anti-SLAPP motion is proper where cease and desist letter did not constitute protected speech because it was not made in anticipation of litigation.
Civil Procedure Jul. 20, 2011
West v. Brewer
Order
Jul. 20, 2011
In re Stone
Court improperly orders release of parolee based on prior failure to provide notice of retention decision by Board of Prison Hearings.
Criminal Law and Procedure Jul. 20, 2011
Viridiana v. Holder
Asylum application filed three months after deadline due to fraud by immigration consultant warrants statutory tolling of deadline.
Immigration Jul. 20, 2011
Jerry Beeman and Pharmacy Services Inc. v. Anthem Prescription Management LLC
‘Erie’ doctrine does not require federal court to follow state appellate court decision striking down statute under California Constitution.
Civil Procedure Jul. 20, 2011
U.S. v. Bagdasarian
Conviction for threatening to kill or harm presidential candidate is improper where speaker did not have subjective intent to threaten candidate.
Criminal Law and Procedure Jul. 20, 2011
Fisher v. Tucson Unified School District
Federal court supervision over school district operating under desegregation decree must continue despite adoption of plan that promised future improvements.
Constitutional Law Jul. 20, 2011
In re Corrinet
Revocation of attorney's membership in District of Oregon bar is improper where district judge failed to issue proper order to show cause.
Attorneys Jul. 20, 2011
Dreith v. Nu Image Inc.
Defendants’ failure to comply with numerous court orders constitutes misconduct sufficiently egregious to cause court to enter order of default.
Civil Procedure Jul. 20, 2011
People v. Taylor
Court may award victim restitution for contingency fees without first determining whether fee was reasonable under lodestar method.
Criminal Law and Procedure Jul. 20, 2011
People v. Urke
Probation condition that prohibited defendant, who was convicted of committing lewd act on a minor, from being in presence of minors is proper.
Criminal Law and Procedure Jul. 20, 2011
California Grocers Association v. City of Los Angeles
National Labor Relations Act does not preempt local ordinance that vested certain grocery store employees with rights following change in ownership.
Labor Law Jul. 19, 2011