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Name Category Published
U.S. v. Nosal
Convictions affirmed where former employee with revoked computer access acts 'without authorization' under Computer Fraud and Abuse Act by conspiring to use login credentials of current employee.
Criminal Law and Procedure Dec. 8, 2016
East Sacramento Partnership for a Livable City v. City of Sacramento (Encore McKinley Village LLC)
City of Sacramento's certification and approval of residential project overturned where environmental impact report was deficient on issue of traffic impacts.
Environmental Law Dec. 7, 2016
People v. Johnson
Driver's conviction for second degree murder on retrial overturned where trial court failed to properly instruct jury on prior manslaughter conviction.
Criminal Law and Procedure Dec. 7, 2016
Salman v. United States
Ninth Circuit properly applies 'Dirks v. SEC' in affirming convictions for conspiracy and insider trading.
Securities Dec. 6, 2016
People v. Burroughs
Admission of inflammatory inadmissible documentary evidence and hearsay testimony results in reversal of sexually violent predator designation.
Criminal Law and Procedure Dec. 6, 2016
State Farm Fire & Casualty Co. v. United States ex rel. Rigby
Violation of the False Claims Act's requirement that a complaint 'shall' be kept under seal does not result in mandatory dismissal of qui tam action.
Civil Procedure Dec. 6, 2016
Samsung Electronics Co. Ltd. Apple Inc.
Relevant 'article of manufacture' for calculation of damages involving multi-component product need not be end product sold to consumer, but may be only a component of said product.
Intellectual Property Dec. 6, 2016
Japanese Village v. FTA
Consideration and implementation of temporary relocation among other noise and vibration mitigation measures during light rail construction meets mitigation burden established under NEPA.
Environmental Law Dec. 6, 2016
Advent Inc. v. National Union Fire Insurance Co. of Pittsburgh, PA
Summary judgment properly granted in favor of subcontractor's excess insurance carrier, where contractor's excess insurance carrier fails to show worker's injuries caused by subcontractor.
Insurance Dec. 6, 2016
Marriage of Schu
Spousal support properly denied to wife based on evidence of domestic abuse she perpetrated on her children to facilitate ongoing sexual abuse of her son's friend.
Family Law Dec. 6, 2016
Gee v. Estate of Jewett
Motion to set aside dismissal due to attorney error is not based on previously denied motion and properly vacated under Code of Civil Procedure 473(b).
Civil Procedure Dec. 6, 2016
In re Marriage of Usher
In light of father's overall wealth, decrease in his income from employment is not material change of circumstances warranting modification of existing child support payment.
Family Law Dec. 5, 2016
People v. Sanghera
Defendant precluded from challenging trial court's evidentiary ruling to allow prior misconduct impeachment evidence where defendant chose not to testify at trial.
Criminal Law and Procedure Dec. 5, 2016
U.S. v. Williams
Unadmonished responses made by defendant to questions about gang affiliation properly suppressed where defendant, charged with murder, invokes his 'Miranda' rights.
Criminal Law and Procedure Dec. 5, 2016
U.S. v. Mohamud
Portland teen's entrapment defense properly rejected where he dreamt of waging war within the U.S. well before FBI's initial contact.
Criminal Law and Procedure Dec. 5, 2016
People v. Macabeo
Where bicyclist is stopped for minor vehicle infraction and no evidence shows arrest was to follow, search-incident-to-arrest exception does not allow for warrantless search of cyclist's cell phone.
Constitutional Law Dec. 5, 2016
People v. Williams
Defendant's contentions challenging judgment of death following first degree murder and forcible rape convictions unavailing, leading to affirmance of judgment in its entirety.
Criminal Law and Procedure Dec. 5, 2016
J.S., a Minor
Troubled teen properly designated a dual status youth, as dependent and ward, where she could clearly benefit from dual jurisdiction services.
Juveniles Dec. 5, 2016
569 East County Boulevard LLC v. Backcountry Against the Dump Inc.
On rehearing, reduction of attorney fees awarded to prevailing party in anti-SLAPP motion is upheld where sufficient evidence supported court's decision.
Anti-SLAPP Dec. 5, 2016
Eblovi v. Blair (Alifano)
Petition seeking removal of argument opposing ballot measure properly denied where Elections Code section 9282(a) is to be interpreted as permissive, allowing participation by private citizen.
Statutory Interpretation Dec. 4, 2016
Elliott Homes, Inc. v. Superior Court (Hicks)
Homeowners required to serve notice of defect to builder prior to commencing litigation as required by the 'Right to Repair Act.'
Civil Procedure Dec. 4, 2016
People v. Poles
Order
Dec. 1, 2016
People v. Sauceda
Order
Dec. 1, 2016
People v. Smith
Order
Dec. 1, 2016
People v. Suniga
Order
Dec. 1, 2016
LTL Commercial v. Hammer IRP LTL Associates
Order
Dec. 1, 2016
ZF Micro Devices v. TAT Capital Partners
Statute of limitations tolling applies to both compulsory and permissive cross-complaints under pre-1971 case law.
Civil Procedure Dec. 1, 2016
Lee v. Rich
Third party purchaser successful in reversing cancellation of sheriff's deed of sale, where execution sale is 'absolute' and homeowner not entitled to equitable redemption.
Civil Procedure Dec. 1, 2016
People v. McCarrick
Alleged exclusion of 'delusions' from jury instructions regarding hallucinations does not warrant reversal of mother's murder convictions in the killing of her twin daughters.
Criminal Law and Procedure Dec. 1, 2016
People v. Bartlett
Order
Dec. 1, 2016