| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
17-204
|
Apple, Inc. v. Pepper
Order |
|
Jun. 19, 2018 | ||
|
16-6259
|
Gonzalez-Longoria v. United States
Order |
|
Jun. 19, 2018 | ||
|
A151224
|
Skidgel v. California Unemployment Ins. Appeals Bd.
In-Home Supportive Services recipient is the provider's 'sole' employer for purposes of unemployment insurance coverage. |
Labor Law |
|
T. Bruiniers | Jun. 18, 2018 |
|
F073923
|
The People v. Saavedra
Jury instruction proper where it instructed jurors that consent of a child victim was not a defense to the charged aggravated lewd acts. |
Criminal Law and Procedure |
|
J. Detjen | Jun. 18, 2018 |
|
G055311
|
People v. Smit
Concurrent convictions for attempted murder in case convicting defendant of possession of marijuana for sale do not render defendant ineligible for resentencing relief where ineligibility requires ‘prior’ such convictions. |
Criminal Law and Procedure |
|
E. Moore | Jun. 18, 2018 |
|
A152105
|
In re G.B.
Probation condition requiring minor to have peaceful, not aggressive, interactions with law enforcement stricken as unconstitutionally vague where ‘peaceful’ and ‘aggressive’ are used ambiguously. |
Juveniles |
|
S. Margulies | Jun. 15, 2018 |
|
B284300
|
World Business Academy v. Cal. State Lands Commission
'Unusual circumstances' exception to 'existing facility' CEQA exemption does not apply where, inter alia, cited adverse effects of existing facility's operation are part of baseline conditions. |
Environmental Law |
|
A. Collins | Jun. 15, 2018 |
|
D073229
|
In re C.A.
Under the Indian Child Welfare Act, when there is "insufficient reason to believe a child is an Indian child, notice need not be given" to relevant Native American tribe. |
Juveniles |
|
J. Irion | Jun. 15, 2018 |
|
E067436
|
Turnbull v. Lucerne Valley Unified School Dist.
Anti-SLAPP motion denied where party posted medical note of plaintiff on social media |
Anti-SLAPP |
|
D. Miller | Jun. 15, 2018 |
|
A152105
|
Modification: In re G.B.
Modification |
Juveniles |
|
Jun. 15, 2018 | |
|
S247975
|
Big Oak Flat-Groveland Unified School District v. S.C. (Jane Doe)
Order |
|
Jun. 15, 2018 | ||
|
S248046
|
People v. Foster
Order |
|
Jun. 15, 2018 | ||
|
S248130
|
People v. Liu
Order |
|
Jun. 15, 2018 | ||
|
S248141
|
Weiss v. Dept. of Transportation
Order |
|
Jun. 15, 2018 | ||
|
16-1435
|
Minnesota Voters Alliance v. Mansky
Ban on 'political' apparel in polling places susceptible to too broad, unpredictable an interpretation to withstand even 'forgiving' nonpublic forum First Amendment review. |
Constitutional Law |
|
J. Roberts | Jun. 15, 2018 |
|
16-1220
|
Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co.
Federal court determining foreign law under Federal Rule of Civil Procedure Rule 44.1 is not bound by foreign government’s submission describing its laws. |
Civil Procedure |
|
R. Ginsburg | Jun. 15, 2018 |
|
D071119
|
Krolikowski v. San Diego City Employees' Retirement System
Order sustaining demurrer to causes of action for conversion and breach of fiduciary duty affirmed where claims are based on public employees’ exercise of discretion. |
Civil Procedure |
|
J. Irion | Jun. 15, 2018 |
|
B283420
|
Shiver v. Laramee
Summary judgment affirmed where sudden emergency doctrine applies to defendant who acted reasonably during sudden, unexpected emergency that defendant did not cause. |
Civil Procedure |
|
K. Yegan | Jun. 14, 2018 |
|
B280966
|
People v. McVey
After statutory enactment granting trial court discretion to strike firearm enhancement, remand nonetheless unnecessary where 'trial court's comments indicate that even if could, it would decline to' grant sought relief. |
Criminal Law and Procedure |
|
E. Lui | Jun. 14, 2018 |
|
17-15185
|
Tindall v. First Solar Inc.
Dismissal of shareholder derivative action for failure to show demand futility affirmed where relevant, applicable state law does not excuse demand. |
Business Law |
|
J. Wallace | Jun. 14, 2018 |
|
E065751
|
Kaura v. Stabilis Fund II, LLC
Fee-shifting statute allowing for attorney fee award where agency 'appoints' receiver is improper basis for attorney fee award where agency merely modifies existing receivership. |
statutory_interpretation |
|
M. Ramirez | Jun. 14, 2018 |
|
A150264
|
Nationwide Biweekly Administration, Inc. v. Superior Court
Right to a jury trial guaranteed where 'gist' of improper business practices suit brought by government is 'legal, thereby giving rise to a right to jury trial;' though right extends only as to liability not penalties. |
Civil Procedure |
|
K. Banke | Jun. 14, 2018 |
|
E068225
|
People v. Killion
Trial court has jurisdiction to end domestic violence-based probationary period where justice demands, notwithstanding mandatory nature of that probation period at time of sentencing. |
Criminal Law and Procedure |
|
A. McKinster | Jun. 13, 2018 |
|
17-6904
|
Stern v. U.S.
Order |
|
Jun. 13, 2018 | ||
|
17-7035
|
Sealed Appellant v. Sealed Appellee
Order |
|
Jun. 13, 2018 | ||
|
17-7325
|
Dowell v. U.S.
Order |
|
Jun. 13, 2018 | ||
|
17-7941
|
Armstead v. U.S.
Order |
|
Jun. 13, 2018 | ||
|
14-72506
|
Amended Opinion: Gomez-Sanchez v. Sessions
Blanket rule against considering mental health of individual petitioning for withholding of removal not entitled to 'Chevron' deference because Congress' intent clear that such petitions should be considered on a case-by-case basis. |
Immigration |
|
J. Arterton | Jun. 13, 2018 |
|
B282466
|
County of Ventura v. City of Moorpark
Settlement agreement that constitutes action necessary to mitigate emergency is exempt from CEQA per statutory exemption. |
Environmental Law |
|
M. Tangeman | Jun. 13, 2018 |
|
E067436
|
Turnbull v. Lucerne Valley Unified School Dist.
Opinion |
|
Jun. 13, 2018 |
