| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B276266
|
Lederer v. Schneider
Judgment finding action untimely reversed where statute of limitations begins to run once aggrieved party suffered ‘actual injury’ resulting from negligent conduct. |
Civil Procedure |
|
A. Collins | Apr. 20, 2018 |
|
D072875
|
People v. Sanders
Identity theft section not subject to reclassification under Prop 47, though amount taken using stolen identity is less than $950. |
Criminal Law and Procedure |
|
R. Huffman | Apr. 19, 2018 |
|
B279456
|
All Green Electric v. Security National Ins. Co.
Summary judgment for insurer affirmed where evidence fails to show that insurer is entitled to coverage under policy. |
Civil Procedure |
|
H. Hall | Apr. 19, 2018 |
|
A149015
|
People v. McDaniels
Not 'Griffin' violation where prosecutor remarks in closing arguments that defendant did not present alibi evidence. |
Criminal Law and Procedure |
|
J. Humes | Apr. 19, 2018 |
|
B283445
|
Shapira v. Lifetech Resources
Judgment finding defense is entitled to fees as prevailing party reversed and remanded where plaintiff's motion to dismiss that was filed 'before' trial's completion should have been granted. |
Civil Procedure |
|
A. Collins | Apr. 19, 2018 |
|
15-56672
|
California Sea Urchin Commission v. Bean
Order |
|
Apr. 19, 2018 | ||
|
A143307
|
People v. Investco Management & Development LLC
Attorney fees awarded to party who is successful in action resulting in enforcement of important right affecting public interest affirmed where significant benefit is conferred on general public or large class of persons. |
Civil Procedure |
|
T. Reardon | Apr. 19, 2018 |
|
D071453
|
Modification: People v. Franklin
Conviction for premeditated and deliberate murder affirmed where court's erroneous response to jury's inquiry does not prejudice defendant. |
Criminal Law and Procedure |
|
W. Dato | Apr. 19, 2018 |
|
B278519
|
County of Los Angeles v. Los Angeles County Civil Service etc.
Where narrow Penal Code statutes cited by trial court in order do not allow for use of sought materials in administrative hearing, those narrow statutes control, whether or not trial court subsequently expressed intent that materials be used in such a context. |
Criminal Law and Procedure |
|
J. Johnson | Apr. 19, 2018 |
|
17-2
|
U.S. v. Microsoft Corp.
Amendment to Stored Communications Act renders moot dispute over extraterritorial reach of U.S. Government via search warrant for electronically stored data. |
statutory_interpretation |
|
P. Curiam (USSC) | Apr. 18, 2018 |
|
15-1498
|
Sessions v. Dimaya
Residual clause in INA defining 'crime of violence' is unconstitutionally vague because it requires look at 'ordinary' rather than instant case, and is unclear on risk threshold. |
Constitutional Law |
|
E. Kagan | Apr. 18, 2018 |
|
16-6855
|
Wilson v. Sellers
Federal habeas court should 'look through' unexplained state-court decision and presume that unexplained decision adopted same reasoning as last related state-court decision with relevant rationale where federal court reviews unexplained decision on merits. |
Criminal Law and Procedure |
|
S. Breyer | Apr. 18, 2018 |
|
B283035
|
Riske v. Superior Court
Evidence Section 1045(b)(1)'s disclosure bar applies only to complaints and does not apply broadly to all information related to complaints. |
statutory_interpretation |
|
D. Perluss | Apr. 18, 2018 |
|
A141383
|
Tanguilig v. Neiman Marcus Group, Inc.
Trial court did not err by dismissing matter with 5-year bar despite plaintiff's claim that matter was tolled while co-plaintiff was in arbitration. |
Employment Law |
|
J. Streeter | Apr. 18, 2018 |
|
H043220
|
The Police Retirement System of St. Louis v. Page
Summary judgment affirmed where Delaware statute of limitations period is only tolled until plaintiff has inquiry notice of harm from defendant’s actions. |
Civil Procedure |
|
A. Grover | Apr. 18, 2018 |
|
B278239
|
Castillo v. Glenair Inc.
Class Action plaintiffs who settled in an earlier wage and hour case against a staffing agency, cannot bring the identical claims against the staffing agency's client where the work was performed because they are barred by res judicata. |
Civil Procedure |
|
E. Lui | Apr. 18, 2018 |
|
17-10448
|
U.S. v. Arpaio
Order |
|
Apr. 18, 2018 | ||
|
15-35324
|
Echlin v. PeaceHealth
A company who tried to collect patients' debts and meaningfully participated in efforts to collect said debts did not violate the Fair Debt Collection Practices Act. |
Consumer Law |
|
D. O'Scannlain | Apr. 18, 2018 |
|
E065757
|
People v. Jackson
Where evaluations overwhelmingly suggest defendant is incompetent to stand trial, occasional instances of rote comprehension of basic legal concepts does not suffice to demonstrate competence. |
Criminal Law and Procedure |
|
M. Slough | Apr. 18, 2018 |
|
16-9604
|
Sykes v. U.S.
Order |
|
Apr. 17, 2018 | ||
|
17-6344
|
Brown v. U.S.
Order |
|
Apr. 17, 2018 | ||
|
C083983
|
People v. Tom
Convictions for violating Penal Code Section 597 (a) and (b) that are based on same act reversed where conviction under subsection (a) for specific conduct precludes conviction under subsection (b) for same conduct. |
statutory_interpretation |
|
J. Renner | Apr. 17, 2018 |
|
D072616
|
Powell v. Bear Valley Community Hospital
A physician with revoked staff privileges doesn't have an absolute right to reappointment, particularly when the denial is for a medical or disciplinary reason; similarly, there is no right to a hearing if the applicant failed to disclose crucial negative information on his record prior to his appointment. |
Civil Procedure |
|
T. O'Rourke | Apr. 17, 2018 |
|
A150435
|
In re W.R.
Amended law regarding sealing of juvenile records applies prospectively to pending appeals; requires sealing where wardship and probation petitions dismissed. |
Juveniles |
|
R. Dondero | Apr. 17, 2018 |
|
17-10339
|
U.S. v. Shimabukuro
'Intermittent' confinement of defendant recalled from supervised release counts as time 'in prison' for purpose of statutory limits on confinement. |
Criminal Law and Procedure |
|
P. Curiam (9th Cir.) | Apr. 16, 2018 |
|
H044815
|
People v. Maldonado
A probationer's condition, allowing warrantless searches of his electronic devices while on probation, was not unconstitutional because the probationer had been given fair warning and he had agreed to said search and seizures. |
Criminal Law and Procedure |
|
A. Grover | Apr. 16, 2018 |
|
B275566
|
Pasadena Police Officers Assn. v. City of Pasadena
Denial of motion for fees under private attorneys general statute reversed where court incorrectly applies 'Adoption of Joshua S.' to deny fees. |
Civil Procedure |
|
J. Johnson | Apr. 16, 2018 |
|
B275974
|
County of L.A. v. L.A. County Civil Service Commission
Where superior court remands employee discharge decision to Civil Service Commission for further review, specifically as interlocutory order, that order not appealable. |
Government |
|
B. Currey | Apr. 16, 2018 |
|
A149494
|
Novak v. Continental Tire North America
Summary judgment affirmed where injury suffered is distantly and indirectly connected to negligent act and where harm is unforeseeable. |
Torts |
|
S. Pollak | Apr. 16, 2018 |
|
A151184
|
Rodeo Citizens Assn. v. County of Contra Costa
Refinery project proposal's description was accurate, since substantial evidence indicated that the project complied with the requirement under CEQA |
Environmental Law |
|
S. Pollak | Apr. 16, 2018 |
