| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B271562
|
Shahbazian v. City of Rancho Palos Verdes
Trial court properly denies city's attempt to use anti-SLAPP motion to dismiss claim over permitting decision. |
Civil Procedure |
|
J. Segal | Nov. 27, 2017 |
|
B271470
|
Dickinson v. Cosby
Judgment granting anti-SLAPP motion reversed where statements are not opinions but rather state or imply a 'provably false assertion of fact.' |
Anti-SLAPP |
|
L. Rubin | Nov. 24, 2017 |
|
B271932
|
People v. Roth
Order vacating misdemeanor sentence and reinstating felony sentence affirmed where misdemeanor sentence was unauthorized and thereby justifiably increased. |
Criminal Law and Procedure |
|
T. Willhite | Nov. 24, 2017 |
|
F073892
|
Assn. of Irritated Residents v. Kern County Board etc.
Kern County must reconsider its determination that the ICCTA preempts a CEQA environmental impact report relating to proposed railway project linking to petroleum refinery. |
Environmental Law |
|
D. Franson | Nov. 24, 2017 |
|
B275224
|
Los Globos Corp. v. City of Los Angeles
Demurrer properly sustained without leave to amend where party fails to exhaust administrative remedies. |
Civil Procedure |
|
J. Johnson | Nov. 22, 2017 |
|
E065358
|
Modification: Kennedy Commission et al. v. City of Huntington Beach et al.
Government Code Section 65454, which prohibits a municipality from amending a specific plan unless consistent with the general plan, does not apply to a charter city unless adopted by charter or ordinance. |
Municipal Law |
|
Nov. 22, 2017 | |
|
16-60022
|
Milby v. Templeton (In re Milby)
Equitable tolling applies where party was diligent, overall, in the pursuit of rights and where extraordinary circumstance prevented him or her from timely filing. |
Bankruptcy |
|
J. Bybee | Nov. 22, 2017 |
|
16-15104
|
Curry v. Yelp, Inc.
Plaintiffs failed to allege scienter and loss causation relating to customer complaints of Yelp's alleged review manipulation. |
Securities |
|
R. Gould | Nov. 22, 2017 |
|
E066330
|
Morris v. Superior Court
Petition challenging policy denying appellate respondents convicted of misdemeanors of court-appointed counsel on Sixth Amendment grounds is denied where Sixth Amendment is inapplicable at appellate level. |
Constitutional Law |
|
M. Ramirez | Nov. 22, 2017 |
|
16-30143
|
U.S. v. Brown
In issue of first impression, inmate serving federal sentence remains under 'custody of the Attorney General' when he is held at state-run institution pursuant to writ of habeas corpus ad prosequendum. |
Prisoners' Rights |
|
K. Lipez | Nov. 22, 2017 |
|
07-50051
|
U.S. v. Yepiz
Order |
|
Nov. 21, 2017 | ||
|
A146961
|
P. v. Gollardo
'Forgery of...narcotic prescription' ineligible for Proposition 47 sentence reduction where proposition makes no mention of offense and does not amend or add to offense. |
Criminal Law and Procedure |
|
M. Jenkins | Nov. 21, 2017 |
|
C078981
|
City of Grass Valley v. Cohen
Statutory amendment has retroactive effect and bears upon 2011 agreement between redevelopment agency and city, because prospective application would render amendment meaningless. |
Administrative Agencies |
|
E. Duarte | Nov. 21, 2017 |
|
D070623
|
Klem v. Access Insurance Co.
Defendant's statement to entity with common interest is qualifiedly privileged where plaintiff fails to show that statement was made with malice. |
Anti-SLAPP |
|
J. Irion | Nov. 21, 2017 |
|
A141016
|
Cornell v. City and County of San Francisco
San Francisco fails to overturn verdict favoring police officer trainee who lost his job after police officers unlawfully arrested him during run at Golden Gate Park. |
Torts |
|
J. Streeter | Nov. 20, 2017 |
|
17-72917
|
United States v. District Court (Regents of the University of California)
Order |
|
Nov. 20, 2017 | ||
|
16-15467
|
Arellano v. Clark County Collection Service LLC
Debt collector cannot evade Fair Debt Collection Practices Act's restrictions by strategically forcing debtor's claims to be auctioned, erroneously resulting in dismissal of debtor's FDCPA action. |
Consumer Law |
|
S. Thomas | Nov. 20, 2017 |
|
13-72280
|
Conejo-Bravo v. Sessions
Traditional hit and run causing bodily injury is crime of moral turpitude that renders non-citizen ineligible for cancellation of removal. |
Immigration |
|
J. Owens | Nov. 20, 2017 |
|
G052778
|
People v. Hicks
Drug dealer's convictions for trafficking teenage runaways for sex act stand although he allegedly stopped paying teen for sex and naked photos after learning true age. |
Criminal Law and Procedure |
|
E. Moore | Nov. 20, 2017 |
|
F070564
|
People v. Brewer
Proposition 57 does not retroactively apply to juvenile defenders whose case was not final at the time of enactment. |
Juveniles |
|
J. Detjen | Nov. 20, 2017 |
|
A141016
|
Modification: Cornell v. City and County of San Francisco
San Francisco fails to overturn verdict favoring police officer trainee who lost his job after police officers unlawfully arrested him during run at Golden Gate Park. |
Torts |
|
Nov. 20, 2017 | |
|
C077483
|
People v. Young
Constitutional right to representation at 'critical' stage of trial violated where defendant is not present and is represented by stand-in counsel when court removes juror without good cause. |
Criminal Law and Procedure |
|
A. Hoch | Nov. 20, 2017 |
|
D071264
|
Hefczyz v. Rady Children's Hosp.
California class action requirements apply to suits requesting only declaratory judgment; California courts should only look to FRCP rule 23 rules in the absence of relevant state precedent. |
Civil Procedure |
|
J. Irion | Nov. 20, 2017 |
|
D070804
|
Ralphs Grocery Company v. Victory Consultants, Inc. et al.
Collecting petition signatures while trespassing on private property immediately adjacent to grocery entryway is not constitutionally protected activity. |
Constitutional Law |
|
R. Huffman | Nov. 17, 2017 |
|
B259967
|
Williams v. Superior Court (Marshalls of CA LLC)
Order |
Civil Procedure |
|
V. Chaney | Nov. 17, 2017 |
|
S244166
|
People v. Arredondo
Order |
|
Nov. 17, 2017 | ||
|
S244157
|
Filmon.com v. Doubleverify
Order |
|
Nov. 17, 2017 | ||
|
B279530
|
Garcia v. Escobar
Family court has jurisdiction to renew domestic violence restraining order previously issued by juvenile court following latter's termination of jurisdiction pursuant to Family Code. |
Family Law |
|
M. Flier | Nov. 17, 2017 |
|
A145576
|
Washoe Meadows Community v. California Department of Parks and Recreation et al.
An agency's draft environmental impact report does not provide public with an accurate, stable, and finite project description on which to comment where report describes five alternative projects under consideration. |
Environmental Law |
|
H. Needham | Nov. 17, 2017 |
|
H039508
|
Central Laborers' Pension Fund v. McAfee, Inc.
Summary judgment finding no triable issue relating to breach of fiduciary duty reversed where direct evidence does not show CEO defendant's motive for concealing information from board of directors. |
Business Law |
|
E. Premo | Nov. 17, 2017 |
