| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
16-15374
|
Durnford v. MusclePharm
Food, Drug, and Cosmetic Act did not preempt appellant's claim that Supplement's label misled consumers because it was premised on protein composition and not protein amount. |
Consumer Law |
|
M. Berzon | Oct. 15, 2018 |
|
C081739
|
People v. Yushchuk
No instructional error where jury was instructed separately on murder elements and there was no reasonable likelihood the jury would have employed the inference instructions to supplant the malice instructions for purposes of murder liability. |
Criminal Law and Procedure |
|
E. Duarte | Oct. 15, 2018 |
|
D073561
|
In re A.S.
Under the ICWA, tribal customary adoption is intended to provide an Indian child with the same stability and permanency as traditional adoption, without the termination of parental rights. |
Family Law |
|
C. Aaron | Oct. 15, 2018 |
|
D072019
|
People v. Megown
Defendant's uncharged prior acts of domestic violence were admissible under Evidence Code Section 1109 with respect to cohabitant's mother because cohabitant was present; thus, the circumstances of these crimes involved domestic violence. |
Evidence |
|
G. Nares | Oct. 15, 2018 |
|
B275818
|
Modification: People v. Bailey
It is the oral declarations of the jurors - not the submission of the written verdict forms - that constitute the return verdict. |
Criminal Law and Procedure |
|
L. Lavin | Oct. 12, 2018 |
|
S250734
|
B.(B.) v. County of Los Angeles
Order |
|
Oct. 12, 2018 | ||
|
S250300
|
People v. Frazier
Order |
|
Oct. 12, 2018 | ||
|
S250108
|
People v. Lemcke
Order |
|
Oct. 12, 2018 | ||
|
15-99013
|
Apelt v. Ryan
Order |
|
Oct. 12, 2018 | ||
|
16-35539
|
Bunker Holdings v. Yang Ming Liberia
Appellant did not provide 'necessaries to a vessel on the order of...a person authorized by the owner' because fuel broker lacked authority to bind the vessel; thus its maritime lien failed. |
Maritime Law |
|
P. Watford | Oct. 12, 2018 |
|
15-55506
|
SEC v. Stein
Four factors must be met for a party to invoke a defendant's criminal conviction as the basis for offensive nonmutual issue preclusion. |
Civil Procedure |
|
J. Wallace | Oct. 12, 2018 |
|
18A375
|
In re Dept. of Commerce
Order |
|
Oct. 11, 2018 | ||
|
B283229
|
Doe v. Regents of the University of California
Appellant was deprived of due process during an administrative hearing because the evidence relied on was not provided to him; thus, he did not have a fair opportunity to cross-examine the witness. |
Education |
|
A. Gilbert | Oct. 11, 2018 |
|
17-55054
|
Payton v. Davis
Under the Antiterrorism and Effective Death Penalty Act, a certificate of appealability may be issued only if the applicant made a substantial showing of the denial of a constitutional right. |
Criminal Law and Procedure |
|
R. Tallman | Oct. 11, 2018 |
|
17-10448
|
U.S. v. Arpaio
Order |
|
Oct. 11, 2018 | ||
|
15-50483
|
U.S. v. Gonzalez
Fabricated law enforcement reports, made in effort to cover up beating of jail visitor, qualify as 'records' or 'documents' under 18 U.S.C. Section 1519. |
Criminal Law and Procedure |
|
P. Watford | Oct. 11, 2018 |
|
B286538
|
Glovis America, Inc. v. County of Ventura
Trial court did not err when it dismissed appellant's complaint because an option to extend a lease may be taxed if it is reasonable to assume the option will be exercised. |
Contracts |
|
M. Tangeman | Oct. 11, 2018 |
|
B288376
|
In re E.R.
Juvenile courts and social services agencies have an affirmative duty to inquire at the outset of the proceedings whether a child subject to the proceeding may be an Indian child. |
Juveniles |
|
A. Gilbert | Oct. 11, 2018 |
|
E068135
|
People v. Gutierrez
Trial court did not err by allowing the prosecution to impeach defendant with evidence that he took a car without the owner's permission because it was conduct involving moral turpitude. |
Evidence |
|
M. Ramirez | Oct. 11, 2018 |
|
E068576
|
People v. Endsley
People found not guilty for reasons of insanity have the right to appear and testify at an outpatient placement hearing. |
Criminal Law and Procedure |
|
M. Slough | Oct. 11, 2018 |
|
17-1428
|
Niang v. Tomblinson
Order |
|
Oct. 10, 2018 | ||
|
17-8381
|
Frazier v. U.S.
Order |
|
Oct. 10, 2018 | ||
|
16-35320
|
Wilson v. Horton's Towing
Although marijuana was found on appellant while stopped on a state road, there was a 'direct connection to tribal lands' because appellant was leaving a casino on tribal land. |
Native American Affairs |
|
D. Pregerson | Oct. 10, 2018 |
|
B281961
|
Doe v. University of Southern California
Where a petitioner's challenge in a mandamus action rests on the sufficiency of the evidence, the court does not have the power to judge the intrinsic value of the evidence or to weigh it. |
Education |
|
D. Perluss | Oct. 10, 2018 |
|
B280928
|
Ruiz v. Musclewood Investment Properties
Under Civil Code Section 54.3(a) public sidewalks are considered a public facility in which a disabled individual cannot be deprived of using by any person(s), firm or corporation. |
Torts |
|
K. Dunning | Oct. 9, 2018 |
|
17-8035
|
Manner v. U.S.
Order |
|
Oct. 8, 2018 | ||
|
17-8244
|
Richitelli v. U.S.
Order |
|
Oct. 8, 2018 | ||
|
17-8349
|
Parrales-Guzman v. U.S.
Order |
|
Oct. 8, 2018 | ||
|
17-8523
|
Briley v. U.S.
Order |
|
Oct. 8, 2018 | ||
|
17-8608
|
Pembrook v. U.S.
Order |
|
Oct. 8, 2018 |
