| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
17-9235
|
Calhoun v. U.S.
Order |
|
Oct. 8, 2018 | ||
|
17-8526
|
Ward v. U.S.
Order |
|
Oct. 8, 2018 | ||
|
17-8655
|
Pineda v. Sessions
Order |
|
Oct. 8, 2018 | ||
|
17-8876
|
Bannister v. U.S.
Order |
|
Oct. 8, 2018 | ||
|
17-9248
|
Diez v. Jones
Order |
|
Oct. 8, 2018 | ||
|
18-88
|
Gramm v. Deere & Co.
Order |
|
Oct. 8, 2018 | ||
|
G055096
|
Martinez v. Eatlite One, Inc.
To determine whether plaintiff obtained more favorable judgment than Civil Procedure Section 998 offer, pre-offer costs and fees are added to both the verdict and the 998 offer. |
Civil Procedure |
|
R. Ikola | Oct. 5, 2018 |
|
B282202
|
Kerley v. Weber
A debtor may specify how his or her 'performance' should be credited by communicating his or her intention to the creditor at the time of performance. |
Civil Procedure |
|
E. Lui | Oct. 5, 2018 |
|
E066461
|
Cheveldave v. Tri Palms Unified Owners Assn.
Davis-Stirling Act does not grant homeowners' association standing to pursue legal claims in its own name unless development contains 'common area' entailing mutual and reciprocal easements. |
Anti-SLAPP |
|
D. Miller | Oct. 5, 2018 |
|
16-55532
|
Hawkins v. The Kroger Company
Plaintiff in Unfair Competition and False Advertising suit possessed standing where she demonstrated causation - namely that she relied upon a mislabeling in purchasing a certain produce - in addition to injury. |
Civil Procedure |
|
F. Block | Oct. 5, 2018 |
|
D072265
|
Certified Tire and Service Centers Wage and Hour Cases
No minimum wage violation when defendant's compensation program paid employees for all hours worked at a rate above minimum wage, regardless of their productivity, and regardless of the type of activity performed. |
Labor Law |
|
J. Irion | Oct. 5, 2018 |
|
A148228
|
People v. Pipkin
The redesignation of a qualifying offense as a misdemeanor pursuant to Proposition 47 does not preclude recommitment as a Mentally Disordered Offender. |
Criminal Law and Procedure |
|
T. Reardon | Oct. 4, 2018 |
|
A153419
|
People v. Gutierrez
When DUI suspect is given the choice between a breath test and blood test, and elects blood test, a search warrant is not required to administer the blood draw. |
Criminal Law and Procedure |
|
A. Tucher | Oct. 4, 2018 |
|
B277493
|
Schulz v. Jeppesen Sanderson, Inc.
When determining whether a proposed fee is reasonable, "[t]he court must give consideration to the terms of any representation agreement made between an attorney and the representative of a minor. |
Attorneys |
|
F. Rothschild | Oct. 4, 2018 |
|
18-30022
|
U.S. v. Gray
Per FRCP rule 32.1, parolee must be afforded chance to speak before court imposes post-revocation sentence, and must be given chance to dispute factual information underlying sentence. |
Criminal Law and Procedure |
|
P. Curiam (9th Cir.) | Oct. 4, 2018 |
|
16-56307
|
In re Easysaver Rewards Litigation
Under the Class Action Fairness Act, district courts are required to consider the value of only those coupons 'that were actually redeemed' when calculating the relief awarded to a class. |
Consumer Law |
|
M. Friedland | Oct. 4, 2018 |
|
14-17571
|
De La Torre v. CashCall
Order |
|
Oct. 4, 2018 | ||
|
D072954
|
San Diego Unified Port Dist. v. Cal. Coastal Commission
A core principle of the California Coastal Act of 1976 is to maximize public access to and along the coast as well as recreational opportunities in the coastal zone. |
Government |
|
T. O'Rourke | Oct. 3, 2018 |
|
B285458
|
Westsiders Opposed v. City of Los Angeles
Charter cannot be construed as restricting municipal power without clear mandate in the charter itself; thus, amendment of the General Plan was not barred by the City Charter. |
Municipal Law |
|
L. Rubin | Oct. 3, 2018 |
|
C082480
|
People v. Delgado
Though 'Miranda' requires that a unwarned admission must be suppressed, the admissibility of any subsequent statement should turn solely on whether it is knowingly and voluntarily made. |
Criminal Law and Procedure |
|
E. Duarte | Oct. 3, 2018 |
|
A140600
|
People v. Linville
Prosecution not barred from charging defendant with murder when defendant previously pled guilty to accessory after the fact to the killings because it did not involve the same course of conduct. |
Criminal Law and Procedure |
|
T. Stewart | Oct. 2, 2018 |
|
E068282
|
People v. Espinoza
Trial court abused its discretion in denying defendant's motion to withdraw guilty plea because he wasn't sufficiently advised of the severe immigration consequences of his plea, which mandated removal. |
Attorneys |
|
D. Miller | Oct. 2, 2018 |
|
A153653
|
Uber Technologies v. Google
When a party asserts the attorney-client privilege it is incumbent upon that party to prove the preliminary fact that a privilege exists. |
Contracts |
|
P. Siggins | Oct. 2, 2018 |
|
A149328
|
National Lawyers Guild v. City of Hayward
A government agency can recover specified ancillary costs, when compliance with the request for an electronic record would require data compilation, extraction, or programming to produce the record. |
Government |
|
M. Jenkins | Oct. 2, 2018 |
|
B283174
|
People v. Wong
Under Penal Code Section 654, the trial court erred when it imposed three consecutive one-year enhancements for the use of deadly weapons to the same aspect of a criminal act. |
Criminal Law and Procedure |
|
T. Bigelow | Oct. 2, 2018 |
|
A137887
|
Bunzl Distribution v. Franchise Tax Bd.
FTB judgment against multinational was properly upheld given Supreme Court precedent, that 'a taxpayer has the burden of showing...that [the state tax] results in extraterritorial values being taxed.' |
Tax |
|
M. Jenkins | Oct. 2, 2018 |
|
A146282
|
Lofton v. Wells Fargo Home Mortgage
An experienced trial judge is the best judge of the value of professional services rendered in his or her court. |
Attorneys |
|
P. Siggins | Oct. 2, 2018 |
|
18-15114
|
Saravia v. Sessions
Granting preliminary injunction to class of noncitizen minors, requiring a prompt hearing before a neutral decision-maker to contest gang allegations, was not an abuse of discretion because existing procedures were inadequate. |
Immigration |
|
A. Hurwitz | Oct. 2, 2018 |
|
C081929
|
Paradise Irrigation Dist. v. Commission on State Mandates
Local water districts retain authority, notwithstanding Prop 218, to levy new fees to compensate for improved service requirements within state statute; thus statute not unfunded mandate. |
Government |
|
A. Hoch | Oct. 2, 2018 |
|
B281816
|
People v. Fleming
A trial court's response to a jury question can be erroneous even if it does not technically misstate the law. |
Criminal Law and Procedure |
|
E. Lui | Oct. 1, 2018 |
