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California
Case Summaries & Blog Posts
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Case Summaries:
Blog Posts:
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California
Case Summaries
People
v. Dealba
December 7, 2015
Evidence, Criminal Law &
Procedure
(California
Court of Appeal) - Conviction of assault with a deadly weapon and
spousal battery, with a prior serious conviction finding, is affirmed
over challenges to the sufficiency of the evidence where one vehicle
striking another without direct contact with the victim was an
"indirect touching" sufficient to constitute a battery.
Palacio
v. Jan & Gail's Care Homes
December 7, 2015
Labor & Employment Law,
Class Actions
(California
Court of Appeal) - In a putative class action suit alleging violations
of the wage and hour laws arising out of employer's failure to inform
employees that they have the right to revoke an agreement waiving the
right to uninterrupted meal periods, the trial court's order denying
plaintiff's motion for class certification is affirmed where she failed
to establish a well-defined community of interests among class members.
People
v. Johnson
December 7, 2015
Criminal Law & Procedure
(California
Court of Appeal) - In a post-trial motion that for disclosure of
jurors' identifying information, the trial court's denial of the motion
without a hearing is reversed were, in deciding whether to hold a
hearing on a motion for disclosure of jurors' identifying information,
the trial court must assume that the declarations supporting the motion
are credible.
Hot
Rods v. Northrop Grumman Systems Corp.
December 7, 2015
Property Law & Real Estate,
Environmental Law, Contracts
(California
Court of Appeal) - In an appeal of a judgment in favor of plaintiff, in
a case involving an environmentally compromised property it purchased
from defendant, the trial court judgment is: 1) affirmed in part as to
the declaratory judgment finding defendant liable under an
environmental indemnity provision; 2) reversed in part as to the
referee's damage award where it was not supported by sufficient
evidence; and 3) remanded for a determination of which, if either,
party is the prevailing party for purposes of attorney fees award.
People
v. Lexington Nat. Ins. Corp.
December 4, 2015
Insurance Law, Criminal Law
& Procedure
(California
Court of Appeal) - In a surety's appeal of an order of forfeiture on a
$20,000 bail bond when a defendant failed to appear at a hearing in his
criminal case, the trial court's forfeiture order is reversed where the
bond was rendered void when, at the end of the defendant's preliminary
hearing, the court increased his bail to $100,000 but permitted him to
remain out of custody.
In
re J.L.
December 4, 2015
Juvenile Law, Criminal Law
& Procedure
(California
Court of Appeal) - In an action for resentencing to a misdemeanor under
Proposition 47 for conviction of a juvenile felony burglary offense in
violation of Penal Code section 459, the trial court's denial of the
petition is affirmed where the burglary offense, theft of a phone from
the school locker, is not eligible for reclassification as misdemeanor
shoplifting under section 459.5.
In
re K.P.
December 4, 2015
Juvenile Law, Family Law, Indian Law
(California
Court of Appeal) - In an action by a mother challenging the juvenile
court's termination of her parental rights to her children, alleging
violations of the Indian Child Welfare Act (ICWA), 25 U.S.C. section
1901 et seq., and Welfare and Institutions Code section 224 et seq.,
the termination order is affirmed where the juvenile court correctly
ruled that the Indian tribe has the sole authority to determine its own
membership and the court must defer to the membership decisions of an
Indian tribe.
Kemper
v. Co. of San Diego
December 4, 2015
Legal Malpractice, Civil Procedure,
Juvenile Law
(California
Court of Appeal) - In a legal malpractice action brought against
appointed juvenile dependency attorneys, whom plaintiff previously and
unsuccessfully alleged caused the termination of her parental rights,
the court's grant of summary judgment to defendants is affirmed where
causation is an essential element of a legal malpractice claim and
plaintiff is barred by the collateral estpppel doctrine from
relitigating the issue of whether her juvenile dependency attorneys
caused the termination of her parental rights.
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California
Law Blog Posts
California
Court Rejects Teen Mom's Habeas Corpus Estoppel Theory
Jonathan R. Tung, JD
December 8, 2015
A
California Appellate Court has rejected a San Diego teen mother's
appeal to overturn a lower court's decision which finally put an end to
her parental rights. The case is the latest in a series of unfortunate
developments that first...
You
Can Now Sue Over Organic Labels in California
Casey C. Sullivan, Esq.
December 3, 2015
If
I'm going to spend extra on organic produce and products, they better
well be fully organic. We're talking pesticide-free, earth-friendly,
non-synthetic organic here. If I get a product labeled organic that
doesn't meet those standards, I'm going to...
Spanking
Is Not Child Abuse, Court Rules
Casey C. Sullivan, Esq.
November 30, 2015
Is
spanking a child, even with a shoe, child abuse? Not always, according
to the California Court of Appeals, which recently reversed a juvenile
court's finding that a mother's sandal-aided spanking was physical
abuse. The categorical view that "hitting...
If
no blog posts appear in this area, there are no new blog posts this
week.
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