CONSTITUTIONAL LAW
· Plaintiff Who Establishes Violation of ADA Need Not Prove Intentional Discrimination To Obtain Damages Under C.C. 52 (Munsun v. Del Taco) [posted 10/16/09]
· Proposition 8, Limiting Marriage to Opposite-Sex Couples, Constitutes Valid Amendment to California Constitution, but Same-Sex Marriages Performed Prior to Its Adoption Are Valid. (Strauss v. Horton) [posted 06/12/09]
CRIMINAL TRIAL
· Defendant Must Unambiguously Invoke Miranda Right to Remain Silent; Mere Silence During Interrogation Is Not Sufficient (Berghuis v. Thompkins) [posted 06/16/10]
PLEADING
· Plaintiff Has Burden of Proving Applicability of Commercial Speech Exemption to Anti-SLAPP Motion (Simpson Strong-Tie v. Gore) [posted 06/03/10]
· Under Proposition 64, Only Class Representative in UCL Action Must Comply With New Standing Requirement; When Unfair Practice Is Fraudulent Advertising Campaign, Class Representative Need Not Show Unrealistic Degree of Reliance on Particular Advertisements (In re Tobacco II Cases) [posted 06/02/09]
PRETRIAL PROCEEDINGS
· Criminal Defense Attorney Must Advise Noncitizen Defendant of Immigration Consequences of Guilty Plea (Padilla v. Kentucky) [posted 04/08/10]
REAL PROPERTY
· Filing of Notice of Determination Triggers 30-Day Statute of Limitations for CEQA Challenges to Decision Announced in Notice (Committee for Green Foothills v. Santa Clara County Bd. of Supervisors) [posted 04/05/10]
SALES
· Standing Under Consumers Legal Remedies Act Requires Damage (Meyer v. Sprint Spectrum L.P.) [posted 03/05/09]
TORTS
· Good Samaritans Can Be Liable for Damages to Person Injured During Rescue Attempt; Statutory Immunity for Emergency Care Applies Only to Those Who Render Medical Care in Medical Emergencies (Van Horn v. Watson) [posted 01/09/09]
WILLS AND PROBATE
· Statute Authorizing Court to Free Child From Parental Custody and Control in Probate Guardianship Proceeding Is Constitutional (Guardianship of Ann S.) [posted 05/19/09]
Last updated Monday, June 21, 2010
