| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S253783
|
Stancil v. Superior Court (Redwood City)
Order |
|
Mar. 29, 2019 | ||
|
S253593
|
Yahoo! v. National Union Fire Insurance Company of Pittsburgh, Pennsylvania
Order |
|
Mar. 29, 2019 | ||
|
18-10246
|
U.S. v. Artis
After district court properly struck portions of government's affidavit recounting facts establishing probable cause to believe defendant was engaged in credit card fraud, affidavit failed to support finding of probable cause. |
Criminal Law and Procedure |
|
P. Watford | Mar. 29, 2019 |
|
15-72092
|
Aguirre Barbosa v. Barr
Under the theft framework, a violation of Oregon Revised Statutes Section 164.395, a crime of robbery in the third degree, is not categorically a crime involving moral turpitude. |
Immigration |
|
S. Graber | Mar. 29, 2019 |
|
S246214
|
Gardner v. Superior Court
Prosecution's pretrial appeal of suppression motion is 'critical stage' of criminal process; California Constitution guarantees misdemeanor appellee's right to appointed counsel. |
Constitutional Law |
|
L. Kruger | Mar. 29, 2019 |
|
S237415
|
In re H.W.
Liability under Penal Code Section 466 requires intent to use a qualifying tool to break or gain entry into a structure to commit theft or any felony within the structure. |
statutory_interpretation |
|
M. Cuéllar | Mar. 29, 2019 |
|
S072161
|
People v. Potts
Rational trier of fact could have found that killings were deliberate and premeditated; defendant brought hatchet, his motive was to steal, and he plunged a lethal weapon into victims' chests. |
Criminal Law and Procedure |
|
T. Cantil-Sakauye | Mar. 29, 2019 |
|
17-1077
|
Lorenzo v. SEC
Rule 10(b) subsections (a) and (c) 'capture a wide range of conduct,' including the 'dissemination of false or misleading information with the intent to defraud,' whether or not disseminator was 'writer' of information. |
Securities |
|
S. Breyer | Mar. 28, 2019 |
|
B283956
|
Grossman v. Santa Monica-Malibu Unified School Dist.
Under Education Code Section 38134(i)(1), school district is not liable for injuries resulting from the negligence of a booster group using school facilities without school district's supervision or input. |
Torts |
|
G. Feuer | Mar. 28, 2019 |
|
C085091
|
People v. Eddy
Defendant has absolute right to decide objective of defense and to insist counsel refrain from admitting guilt even when counsel's experience-based view was that confessing guilt might yield best outcome. |
Criminal Law and Procedure |
|
P. Krause | Mar. 28, 2019 |
|
B286317
|
People v. Castellano
A defendant who fails to make a timely objection or motion to strike evidence at trial may not later claim that the admission of the evidence was error. |
Criminal Law and Procedure |
|
D. Perluss | Mar. 28, 2019 |
|
C087953
|
Last Frontier Healthcare Dist. v. Superior Ct.
Giving notice of intent to sue under Code of Civil Procedure Section 364 does not impact jurisdictional deadlines underlying an application for relief from the Government Claims Act. |
Civil Procedure |
|
J. Renner | Mar. 28, 2019 |
|
C084494
|
Olson v. Hornbrook Community Services Dist.
District violated Ralph M. Brown Act because it failed to adequately describe items it acted on in its consent agenda; thus, plaintiffs stated cause of action under Government Code Section 54960.1. |
Government |
|
R. Robie | Mar. 28, 2019 |
|
G054623
|
In re Hernandez
A criminal defense counsel's Sixth Amendment obligations include properly advising as to the immigration consequences of a guilty or no contest plea. |
Criminal Law and Procedure |
|
R. Fybel | Mar. 28, 2019 |
|
A142818
|
Long v. Forty Niners Football Co.
Plaintiff who voluntarily dismissed his state case just before trial in favor of ultimately unsuccessful federal litigation may not claim equitable tolling to bring a duplicative action in state court. |
Civil Procedure |
|
T. Brown | Mar. 28, 2019 |
|
B276280
|
Modification: Los Angeles County Metropolitan v. Yum Yum Donut Shops
Condemnees showing loss of some goodwill value that cannot be prevented by relocating or other reasonable measures need not mitigate to be entitled to some recovery and a jury trial. |
Eminent Domain |
|
H. Bendix | Mar. 28, 2019 |
|
A145170
|
Modification: Deere & Co. v. Allstate Insurance Co.
Higher-layer excess policies were triggered once the first-layer excess policy limits, which were subject to a self-insured retention paid by plaintiff, had been exhausted; thus, judgment was reversed. |
Insurance |
|
T. Reardon | Mar. 28, 2019 |
|
A144214
|
Modification: People v. Huber
When a mix of on-reservation and off-reservation conduct is at issue, California law is not preempted if there are off-reservation effects that necessitate State intervention. |
Native American Affairs |
|
J. Streeter | Mar. 27, 2019 |
|
A155008
|
Whyenlee Industries Ltd. v. Super. Ct.
A request to Hong Kong's Central Authority does not need to be made when using an agent to serve a summons on an international party |
International Law |
|
J. Streeter | Mar. 27, 2019 |
|
D069626
|
Boling v. Public Employment Relations Board
After Public Employment Relations Board made finding that City violated Meyers-Milias-Brown Act by making policy decision without meeting and conferring with unions, its compensatory remedy effectively invalidated the Initiative; thus, remedy modified. |
Government |
|
J. McConnell | Mar. 27, 2019 |
|
B285756
|
Salgado v. Carrows Restaurants Inc.
That arbitration agreement was signed after initial filing of plaintiff's suit does not preclude its enforceability; but reconsideration necessary as to whether plaintiff was represented by counsel when presented with agreement to sign. |
Employment Law |
|
A. Gilbert | Mar. 27, 2019 |
|
B288942
|
Modification: People v. Orozco
'Miranda' not required when defendant confessed to killing his infant to the mother in an interview orchestrated by police because mother was acting as an agent of police and defendant was unaware. |
Criminal Law and Procedure |
|
B. Hoffstadt | Mar. 27, 2019 |
|
A146605
|
Modification: Millview County Water Dist. v. State Water Resources Control
Under Water Code Section 1126(b), the Board's formal adoption of its order constituted 'final action' and triggered the running of the statute of limitations; thus, plaintiff's petition was time-barred. |
Water Rights |
|
S. Margulies | Mar. 27, 2019 |
|
H044944
|
People v. Castillero
Proposition 57 transfer hearing provisions are retroactive and apply to defendants who received a fitness hearing under former law, but whose sentence was not final when Proposition 57 became effective. |
Criminal Law and Procedure |
|
A. Danner | Mar. 27, 2019 |
|
H044451
|
Marriage of Oliverez
At dissolution of marriage, it is in the trial court's discretion to set a property valuation either at the time of remand or at the date of trial |
Family Law |
|
M. Greenwood | Mar. 27, 2019 |
|
A151521
|
South of Market Community v. City and County of San Francisco
Environmental impact report was adequate under California Environmental Quality Act because project description clearly identified mixed-use development project at specific, defined location with two options for allocations of office and residential use. |
Environmental Law |
|
S. Margulies | Mar. 27, 2019 |
|
D074022
|
In re Charlotte C.
Minor's counsel entitled to receive copy of her client's case file, including any Resource Family Approval Program-related information, upon request pursuant to Welfare and Institutions Code Section 317(f). |
Dependency |
|
P. Benke | Mar. 27, 2019 |
|
B284432
|
Zakk v. Diesel
An amended complaint consistent with a previous complaint's allegations of a specific contract, but omitting allegations of an overarching contract between the parties, was not a sham pleading. |
Civil Procedure |
|
T. Willhite | Mar. 27, 2019 |
|
16-1094
|
Republic of Sudan v. Harrison
When serving civil process on a foreign state under the Foreign Sovereign Immunities Act, 28 U.S.C. Section 1608(a)(3) requires mailing directly to the foreign minister's office in the foreign state. |
Civil Procedure |
|
S. Alito | Mar. 27, 2019 |
|
17-949
|
Sturgeon v. Frost
Alaskan-specific statute providing greater freedom for users of national preserves in state prohibits federal regulation except over lands held in title by government. |
Environmental Law |
|
E. Kagan | Mar. 27, 2019 |