| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S233757
|
Bianka M. v. Superior Court
An action for sole custody may proceed even if one parent cannot be joined as a party, provided that the absent parent has received adequate notice |
Civil Procedure |
|
L. Kruger | Aug. 17, 2018 |
|
S249495
|
People v. Orozco
Order |
|
Aug. 17, 2018 | ||
|
S057156
|
Modification: People v. Case
Restitution fine reduced by amount of requisite direct victim restitution payment pursuant to Government Code former Section 13967(c), which was in effect at time of victim's crimes. |
Criminal Law and Procedure |
|
L. Kruger | Aug. 17, 2018 |
|
S099549
|
Modification: People v. Lopez
Murder conviction and corresponding death sentence affirmed where court does not err in allowing character evidence of defendant's prior commission of welfare fraud to rebut defendant's broad testimony of allegedly good character. |
Criminal Law and Procedure |
|
G. Liu | Aug. 17, 2018 |
|
E067575
|
Ehret v. WinCo Foods, LLC
Collective bargaining agreement waiving employees' statutory right to a meal break during shifts of between 5 and 6 hours may properly be upheld as waiver of such right. |
Labor Law |
|
M. Ramirez | Aug. 16, 2018 |
|
E068607
|
Heidary v. Superior Court
A writ of prohibition was correctly denied where due process was satisfied; defendant was provided with adequate notice of the charges against him. |
Criminal Law and Procedure |
|
M. Ramirez | Aug. 16, 2018 |
|
H044764
|
Jackpot Harvesting Co. v. Superior Court (Monterey)
The safe harbor provision of Labor Code section 226.2(b) is clear; it provides a defense to employers for any pre-2016 claims for unpaid rest/nonproductive time. |
Labor Law |
|
P. Bamattre-Manoukian | Aug. 16, 2018 |
|
A149896
|
Center for Biological Diversity v. Dept. of Conservation
Safe Water Drinking Act obligates state agency to protect nonexempt aquifers from potential oil and gas contamination, but does not compel agency 'to perform that legal duty in a particular manner.' |
Environmental Law |
|
B. Jones | Aug. 16, 2018 |
|
A147559
|
Modification: Lacagnina v. Comprehend Systems, Inc.
An 'at will' provision in an employment contract does not mean an employer can avoid tort liability for fraudulent inducement of contract based on the contract's inclusion of said provision. |
Employment Law |
|
E. Schulman | Aug. 16, 2018 |
|
D072278
|
Hall v. Dept. of Motor Vehicles
'Successful party,' for purposes of Code of Civil Procedure Section 1021.5 attorney fee award provision, must achieve 'primary litigation goal.' |
Civil Procedure |
|
G. Nares | Aug. 16, 2018 |
|
17-10257
|
U.S. v. Juvenile Male
Under Section 5037(d)(5), juveniles over the age of 21 receive credit for previous terms of official detention when their juvenile delinquent supervision is revoked because the Federal Juvenile Delinquency Act's purpose is rehabilitative. |
Juveniles |
|
Aug. 16, 2018 | |
|
17-90119
|
In re Complaint of Judicial Misconduct
Order |
|
Aug. 16, 2018 | ||
|
17-15629
|
Gila River Indian Community v. U.S. Dept. of Veterans Affairs
Veterans' Judicial Review Act of 1988 bars district court from hearing dispute over health insurance benefits sought by veterans to apply to care given within Indian community's health care organization. |
Veterans' Affairs |
|
W. Fletcher | Aug. 16, 2018 |
|
16-56350
|
Sea Breeze Salt v. Mitsubishi Corp.
'Official act' for purposes of the 'act of state doctrine' may be performed by government-owned corporation; where 51-percent foreign-government-owned corporation makes decision to exploit country's natural resource, act outside reach of U.S. court based on doctrine. |
International Law |
|
K. Wardlaw | Aug. 16, 2018 |
|
16-55380
|
Packsys v. Exportadora De Sal
The commercial activity exception to foreign sovereign immunity is inapplicable when a Mexican corporation's agent lacked actual authority to enter into a contract. |
International Law |
|
K. Wardlaw | Aug. 16, 2018 |
|
15-56007
|
Johnson v. Montgomery
District court properly denied habeas petition where enhancement based on non-jury juvenile proceeding does not violate 'clearly established federal law.' |
Criminal Law and Procedure |
|
J. Woodcock | Aug. 16, 2018 |
|
A142418
|
Hass v. RhodyCo Productions
Under the primary assumption of risk doctrine defendants have duty to use due care not to increase the risks to a participant over and above those inherent in the sport. |
Torts |
|
T. Reardon | Aug. 15, 2018 |
|
D072152
|
People v. Nuno
Required 'nexus element' of deadly weapon probation prohibition lacking in hit-and-run case; defendant was not using car as deadly weapon when fleeing scene of collision. |
Criminal Law and Procedure |
|
W. Dato | Aug. 15, 2018 |
|
E066267
|
Monster Energy Co. v. Schechter
When counsel signs a settlement agreement under the words 'approved as to form and content,' counsel is not liable to the defendant for breach of the confidentiality provision purporting to bind attorney. |
Contracts |
|
M. Ramirez | Aug. 15, 2018 |
|
H044771
|
People v. Williams
Defendant may be found guilty of resisting arrest, even where officer subsequently uses excessive force to effect the arrest, so long as initial act of resistance occurs first. |
Criminal Law and Procedure |
|
P. Bamattre-Manoukian | Aug. 15, 2018 |
|
A142799
|
Cal. Dept. of Industrial Relations v. AC Transit
Non-air-conditioned vehicle interiors rightly deemed 'outdoor places of employment' within state regulatory protections. |
Administrative Agencies |
|
T. Reardon | Aug. 15, 2018 |
|
16-55719
|
Askins v. U.S. Dept. of Homeland Security
A district court erred in dismissing plaintiffs First Amendment claims where the plaintiffs who took pictures at the border were on public property and the government guidelines that apply to members of the media to get prior approval do not necessarily apply to individuals. |
Constitutional Law |
|
J. Bybee | Aug. 15, 2018 |
|
16-35314
|
Adamson v. Port of Bellingham
Order |
|
Aug. 15, 2018 | ||
|
15-35408
|
Lanuza v. Love
Immigrant entitled to damages under 'Bivens' for a violation of Fifth Amendment right to due process because none of the 'Abbasi' special factors applied to him. |
Constitutional Law |
|
K. Wardlaw | Aug. 15, 2018 |
|
17-1280
|
In re: Erik Samuel De Jong and Daryl Lynn De Jong
'Rule of mandate' does not preclude lower court from reanalyzing issues on remand not addressed on by appellate court. |
Bankruptcy |
|
R. Faris | Aug. 14, 2018 |
|
F073942
|
People v. McKenzie
When probation is granted and imposition of sentence is suspended, a judgment is not final and new amendments apply retroactively. |
Criminal Law and Procedure |
|
D. Franson | Aug. 14, 2018 |
|
16-56069
|
Khoja v. Orexigen Therapeutics
A district court abused its discretion when incorporating by reference certain documents into securities fraud complaint at motion to dismiss stage. |
Securities |
|
A. Tashima | Aug. 14, 2018 |
|
16-35829
|
Alliance for the Wild Rockies v. United States Forest Service
In conceiving conservation project in line with prior, general management plan for national forest, Forest Service must 'consider relevant factors and articulate a rational connection between the facts found and the choice made.' |
Environmental Law |
|
M. Murguia | Aug. 14, 2018 |
|
14-36055
|
U.S. v. King Mountain Tobacco Co.
Federal excise taxes are categorically distinct from the sort of taxes that are exempt under the General Allotment Act. |
Tax |
|
M. McKeown | Aug. 14, 2018 |
|
S137730
|
People v. Powell
The nature of defendant's brutal beating of the victim, coupled with his motivation for revenge was sufficient evidence to demonstrate a finding of torture-murder. |
Criminal Law and Procedure |
|
T. Cantil-Sakauye | Aug. 14, 2018 |
