| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C074879
|
Dept. of Forestry and Fire Protection v. Howell
Dismissal of case designated as complex litigation reversed where court procedure requiring plaintiffs to make prima facie showing deprives plaintiffs of due process rights. |
Civil Procedure |
|
M. Butz | Dec. 7, 2017 |
|
B280815
|
Center for Biological Diversity et al. v. California Department of Fish and Wildlife
A court's partial decertification of an environmental impact report, including leaving some project approvals in place, is permissible under the California Environmental Quality Act. |
Environmental Law |
|
M. Raphael | Dec. 6, 2017 |
|
F070210
|
People v. Suarez
Proposition 57, which would entitle juvenile offender to conditional reversal and remand for 'fitness hearing,' does not apply retroactively to juvenile homicide offender where juvenile's appeal is not yet final on appeal. |
Criminal Law and Procedure |
|
B. Hill | Dec. 6, 2017 |
|
A143026
|
Noel v. Thrifty Payless, Inc.
To certify a class brought under Unfair Competition and False Advertising law, the means of identifying potential class members must be articulated and supported with evidence. |
Consumer Law |
|
J. Streeter | Dec. 6, 2017 |
|
B276871
|
Gonzalez v. City of Norwalk
Sustained demurrer affirmed where city ordinance applies existing, approved tax and thereby does not 'impose, extend, or increase taxes' without voter approval. |
Municipal Law |
|
L. Edmon | Dec. 6, 2017 |
|
B279584
|
Priscila N. v. Leonardo G.
A domestic violence restraining order issued under the Welfare and Institutions Code is 'issued' under the Domestic Violence Protection Act for purposes of renewal under the Family Code. |
Family Law |
|
N. Epstein | Dec. 5, 2017 |
|
H042775
|
Bartholomew v. YouTube, LLC
Demurrer affirmed where plaintiff fails to show that allegedly libelous statements referenced plaintiff. |
Civil Procedure |
|
C. Rushing | Dec. 5, 2017 |
|
14-16864
|
Navajo Nation v. Dept. of the Interior
Navajo Nation's breach of trust claim challenging Dept. of Interior's new guidelines regarding allocation of Colorado River water in light of unprecedented drought improperly dismissed. |
Native American Affairs |
|
M. Berzon | Dec. 5, 2017 |
|
S226596
|
In re Martinez
Denial of habeas petition reversed and remanded where reviewing court cannot find beyond reasonable doubt that jury relied on legally valid theory to convict defendant of first degree murder. |
Criminal Law and Procedure |
|
G. Liu | Dec. 5, 2017 |
|
S226036
|
City of San Buenaventura v. United Water Conservation District
The groundwater charge authorized by Water Code Section 75522 is not a charge for a 'property-related service' within the scope of Prop. 218. |
Government |
|
L. Kruger | Dec. 5, 2017 |
|
14-50354
|
U.S. v. Murillo-Alvarado
A conviction of possession for sale of a controlled substance under Health and Safety Code Section 11351 may be held to be a drug trafficking offense under federal sentencing guidelines. |
Criminal Law and Procedure |
|
R. Clifton | Dec. 5, 2017 |
|
C074166
|
Fettgather v. Board of Psychology
No violation of due process where trial court does not consider, when upholding license revocation, licensing agency's justification for ordering psychologist to undergo mental evaluation. |
Administrative Agencies |
|
V. Raye | Dec. 5, 2017 |
|
D072368
|
In re H.C.
Termination of nonminor dependency case reversed where marriage of nonminor dependent does not affect his or her eligibility for extended foster care. |
Dependency |
|
C. Aaron | Dec. 5, 2017 |
|
C082867
|
In re Marriage of Vargas and Ross
Order granting father primary custody over children contrary to Family Code Section 3047, which requires reinstatement of status quo following mother's return from deployment. |
Family Law |
|
J. Renner | Dec. 5, 2017 |
|
B278391
|
Santos v. Los Angeles Unified School District
Summary judgment improperly granted where triable issue of fact exists as to whether LAUSD misled car crash plaintiffs about responsible vehicle's ownership, and thereby forfeited Government Claims Act noncompliance defense. |
Government |
|
N. Manella | Dec. 4, 2017 |
|
D070620
|
The International Brotherhood of Boilermakers etc. v. NASSCO etc.
California WARN Act’s provision requiring employers to notify employees affected by mass layoff before laying off employees applies to temporary layoff lasting less than six months. |
Labor Law |
|
J. Haller | Dec. 4, 2017 |
|
D071155
|
Marriage of Steiner
Federal law allowing service members 'unfettered freedom' to select and change insurance beneficiaries preempts state court order requiring husband to maintain ex-wife as beneficiary. |
Constitutional Law |
|
J. McConnell | Dec. 4, 2017 |
|
C080523
|
The National Grange of the Order etc. v. The California Guild
Declaration that local suspended fraternity must transfer its property to newly chartered local fraternity affirmed where neutral-principles approach to resolving property disputes supports declaration. |
Real Property |
|
R. Robie | Dec. 4, 2017 |
|
B278967
|
Santa Clara Waste Water Co. v. County of Ventura etc.
County's Environmental Health Division entitled to anti-SLAPP protection when it seeks to relay information regarding hazardous materials to the district attorney. |
Anti-SLAPP |
|
A. Gilbert | Dec. 4, 2017 |
|
B266579
|
Marriage of Dalgleish and Selvaggio
Equalization payment interest may accrue at time of dissolution judgment, though appraisal of real property at issue sets sum certain only at a date several years later. |
Family Law |
|
F. Rothschild | Dec. 4, 2017 |
|
B271236
|
State Farm General Insurance Co. v. Watts Regulator Co.
A previous right to compulsory arbitration does not become vested when the parties agree to become bound by new arbitration guidelines to the contrary. |
Arbitration |
|
E. Grimes | Dec. 4, 2017 |
|
A150374
|
Brown v. Garcia
Under the doctrine of sovereign immunity, a state court has no jurisdiction over the intra-tribal matters of a federally-recognized Native American Tribe. |
Native American Affairs |
|
P. Siggins | Dec. 4, 2017 |
|
D071560
|
People v. Sandoval
A criminal protective order must be reasonable and narrowly tailored while still protecting the victim. |
Criminal Law and Procedure |
|
P. Benke | Dec. 4, 2017 |
|
16-15919
|
U.S. ex rel. Max Bennett v. Biotronik Inc.
The government-action bar under the False Claims Act applies even when the government is no longer an active participant in an ongoing 'qui tam' lawsuit. |
statutory_interpretation |
|
C. Bea | Dec. 4, 2017 |
|
15-35661
|
Lower Elwha Klallam Tribe v. Lummi Nation
The Lummi Nation's usual and accustomed grounds under the 1855 Treaty of Point Elliott includes the waters west of Whidbey Island near present-day Seattle. |
Native American Affairs |
|
M. McKeown | Dec. 4, 2017 |
|
B279475
|
QDOS Inc. v. Signature Financial LLC
A customer's payment with a third-party check, by itself, does not create a merchant's duty of care to investigate under the policy considerations enumerated in 'Biakanja' and 'Rowland.' |
Torts |
|
B. Hoffstadt | Dec. 1, 2017 |
|
B269345
|
Lopez v. Routt
Asymmetric application of attorney fees awards in FEHA action of equal force with regard to individual defendants as with employer defendants. |
Civil Procedure |
|
N. Stone | Dec. 1, 2017 |
|
D070189
|
R.W.L. Enterprises v. Oldcastle Inc.
For one agreement's terms to be incorporated into another under Civil Code Section 1642, the reference must be clear and unequivocal. |
Contracts |
|
W. Dato | Dec. 1, 2017 |
|
B271694
|
Burd v. Barkley Court Reporters Inc.
Both official court reporters and official reporters pro tempore are employees of the superior court for purposes of service fees under Government Code Sections 69950 and 69954. |
Government |
|
V. Chavez | Dec. 1, 2017 |
|
B272340
|
Olson v. Manhattan Beach Unified School District
Grievance filed against Manhattan Beach Unified School District does not put plaintiff in substantial compliance of Government Claims Act because it did not contain many elements required by Act. |
Government |
|
N. Manella | Dec. 1, 2017 |
