| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
17-647
|
Knick v. Scott, PA
Order |
|
Mar. 6, 2018 | ||
|
17-6086
|
Gundy v. U.S.
Order |
|
Mar. 6, 2018 | ||
|
S236208
|
Heller Ehrman LLP v. Davis Wright Tremaine LLP
Dissolved law firm maintains no property interest in legal matters handled on hourly basis at time of firm's dissolution. |
Attorneys |
|
M. Cuéllar | Mar. 6, 2018 |
|
S097558
|
People v. Garton
Confrontation clause error falling within meaning of 'Crawford v. Washington' error is harmless beyond reasonable doubt where defendant is not prejudiced by testimonial hearsay. |
Criminal Law and Procedure |
|
G. Liu | Mar. 6, 2018 |
|
S232607
|
Alvarado v. Dart Container Corp. of California
To determine rate of overtime pay, a flat sum bonus must be factored into regular pay rate via dividing bonus by nonovertime hours actually worked |
Labor Law |
|
M. Chin | Mar. 6, 2018 |
|
15-10566
|
U.S. v. Adkins
Federal jury instructions that do not include state definition of 'knowingly' are error, but harmless because record was clear as to defendant's guilt. |
Criminal Law and Procedure |
|
D. Nelson | Mar. 6, 2018 |
|
A145487
|
Brown v. California Unemployment Insurance Appeals Board
Civil Code of Procedure Section 3289(b)’s 10 percent interest rate applies to finding of improperly withheld unemployment benefits where employee has right to unemployment benefits. |
Civil Procedure |
|
T. Reardon | Mar. 5, 2018 |
|
A148548
|
People v. Rhinehart
A probation condition is constitutionally vague if people of common intelligence would differ as to its application |
Constitutional Law |
|
P. Siggins | Mar. 5, 2018 |
|
A147554
|
Herterich v. Peltner
The litigation privilege applies to probate matters where false and misleading statements were made in furtherance of litigation |
probate_and_trusts |
|
R. Dondero | Mar. 5, 2018 |
|
16-30299
|
U.S. v. Studhorse
Attempted first degree murder conviction is proper basis for deeming defendant violent felon under 18 U.S.C. Section 16. |
Criminal Law and Procedure |
|
M. Smith | Mar. 5, 2018 |
|
F073398
|
Leyva v. Garcia
Where defendant shows causation is uncertain and plaintiff offers no further evidence, summary judgment in negligence proper as causation element 'remained an unknown matter.' |
Torts |
|
R. Peña | Mar. 5, 2018 |
|
A152607
|
Medical Board of California v. Superior Court
Accusation, notice of default, and revocation of doctor's license done through certified mail without return receipt required represents sufficient service. |
Civil Procedure |
|
S. Pollak | Mar. 5, 2018 |
|
B282911
|
People v. Aledamat
Where trial court allows legally incorrect jury instruction, reversal required unless record shows jury relied on legally sound instruction in reaching its conviction. |
Criminal Law and Procedure |
|
B. Hoffstadt | Mar. 5, 2018 |
|
B279275
|
Sakai v. Massco Investments, LLC
Intervening conduct by a third party that is not a likely hazard which causes injury is unforeseeable under 'Rowland' |
Torts |
|
J. Johnson | Mar. 5, 2018 |
|
E069569
|
W.P. v. Superior Court
Welfare & Institutions Code statute allowing court to discontinue family reunification services misapplied where statute requires sibling group remain intact, but court had split them. |
Juveniles |
|
A. McKinster | Mar. 5, 2018 |
|
14-56755
|
Lusnak v. Bank of America
Dodd-Frank provision providing for 'applicable state laws' requiring escrow account interest be paid indicates that state law so requiring is not preempted. |
statutory_interpretation |
|
J. Nguyen | Mar. 5, 2018 |
|
G052735
|
Weiss v. People ex rel. Department of Transportation
Statute applicable exclusively to eminent domain actions cannot be imported into body of inverse condemnation law in view of policy against case-dispositive motions in limine. |
Civil Procedure |
|
R. Aronson | Mar. 5, 2018 |
|
E067604
|
In re M.A.
Collateral estoppel precludes court from reconsidering biological father's status as 'Kelsey S' father. |
Family Law |
|
D. Miller | Mar. 2, 2018 |
|
B270268
|
Bel Air Internet, LLC v. Morales
Special motion to strike may be supported purely by fact that allegations in complaint target protected activity. |
Anti-SLAPP |
|
E. Lui | Mar. 2, 2018 |
|
B280273
|
Khorsand v. Liberty Mutual Fire Insurance Co.
Appraiser's declaration admissible under 'Cobler' to determine whether award procured by fraud or other undue means |
Arbitration |
|
N. Manella | Mar. 2, 2018 |
|
15-16849
|
Amended Opinion: Shaibi v. Berryhill
Claimant must raise issue of accuracy of vocational expert's job estimates during administrative proceedings to preserve challenge on appeal; claimant's failure to do so constitutes waiver. |
Administrative Agencies |
|
M. Berzon | Mar. 2, 2018 |
|
S104144
|
People v. Perez
A defense attorney burdened by an 'actual' conflict of interest violates a defendant's constitutional right to effective counsel |
Criminal Law and Procedure |
|
M. Cuéllar | Mar. 2, 2018 |
|
16-16232
|
Elmakhzoumi v. Sessions
Non-consensual sodomy conviction properly disqualifies naturalization applicant as lacking good moral character. |
Immigration |
|
M. Simon | Mar. 2, 2018 |
|
15-56672
|
California Sea Urchin Commission v. Bean
U.S. Fish and Wildlife Service's cessation of sea otter relocation program in harmony with goals of the Endangered Species Act reasonable under 'Chevron' |
Environmental Law |
|
R. Gould | Mar. 2, 2018 |
|
C080430
|
Modification: City of Montclair v. Cohen
City or county designated housing successors for former redevelopment agencies that report to, are components of, or are controlled by city or county are not eligible for housing entity cost allowance. |
Municipal Law |
|
V. Raye | Mar. 2, 2018 |
|
E063769
|
In re Marriage of Cassinelli
Opinion |
|
Mar. 2, 2018 | ||
|
B275509
|
People v. Gutierrez
Felony conviction for unlawfully taking a vehicle reversed and remanded where jury is instructed on invalid legal theory and conviction is not based on valid ground. |
Criminal Law and Procedure |
|
D. Perluss | Mar. 1, 2018 |
|
A151857
|
City of South San Francisco v. Workers' Compensation Appeals Board
Lack of proximate cause established by a preponderance of the evidence rebuts the presumption an employer is responsible for a worker's injury under 'Section 3212' |
Workers' Compensation |
|
T. Bruiniers | Mar. 1, 2018 |
|
A146617
|
Victaulic Co. v. American Home Assurance Co.
Trial court must exercise great caution when examining a witness so as not to influence jury |
Civil Procedure |
|
J. Richman | Mar. 1, 2018 |
|
A151917
|
People v. Bedrossian
After D.A. does not press charges against arrestee, the waiting period required to petition court for determination of factual innocence does not violate procedural due process |
Criminal Law and Procedure |
|
S. Pollak | Mar. 1, 2018 |
