| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
10-99009
|
Sanders v. Cullen
Defendant convicted of first-degree murders stemming from 1980 robbery unsuccessful in obtaining relief from denial of petition of writ of habeas corpus. |
Prisoners' Rights |
|
M. Christen | Oct. 16, 2017 |
|
C081125
|
American Cargo Express v. Superior Court
Petition for writ of mandate denied where California Self-Insurers' Security Fund is permitted to bring action 'to recover compensation' it paid. |
Workers' Compensation |
|
L. Mauro | Oct. 16, 2017 |
|
S243855
|
Association for Los Angeles Deputy Sherrifs v. Superior Court (Los Angeles County Sheriff's Dept.)
Order |
|
Oct. 13, 2017 | ||
|
E067316
|
Stewart v. Superior Court (St. Joseph's Health)
In case alleging death following unnecessary pacemaker surgery, trial court errs in summarily adjudicating elder abuse cause of action. |
Torts |
|
M. Ramirez | Oct. 13, 2017 |
|
14-70339
|
Amended Opinion: Martinez v. Sessions
Where the statutory definition of finality provides no conclusive answer, a Board of Immigration Appeals order is the final administrative order for the purposes of filing a petition for review where petitioner is subject to 'conflicting and confusing ' circumstances. |
Administrative Agencies |
|
Oct. 13, 2017 | |
|
D071334
|
People v. Drew
Order denying untimely Proposition 36 resentencing petition for failure to show good cause affirmed where delay is substantial and 'nature and strength' of justification for delay is inadequate. |
Criminal Law and Procedure |
|
W. Dato | Oct. 13, 2017 |
|
B266118
|
Wiseman Park LLC v. Southern Glazer's Wine and Spirits LLC
Demurrer improperly sustained, where trial court erroneously concludes that California Department of Alcoholic Beverage Control has exclusive jurisdiction over commercial disputes between licensees. |
Civil Procedure |
|
A. Goodman | Oct. 13, 2017 |
|
B266209
|
People v. Alaniz
Motion for new trial properly denied where defendant fails to show jury misconduct stemming from its discussion of defendant's failure to testify. |
Criminal Law and Procedure |
|
F. Menetrez | Oct. 12, 2017 |
|
16-1436
|
Trump v. Int'l Refugee Assistance
Order |
|
Oct. 12, 2017 | ||
|
14-56832
|
Flores v. City of Westminster
Public employees not barred from bringing federal claim for violation of right to contract although, under California law, public employment is governed by statute, not contract. |
Employment Discrimination |
|
J. Farris | Oct. 12, 2017 |
|
H041739
|
People v. Pettie
Gang enhancements reversed where defendant had no opportunity to cross-examine source of testimonial hearsay. |
Criminal Law and Procedure |
|
B. Walsh | Oct. 12, 2017 |
|
14-56855
|
Gonzalez v. Sherman
State court's alteration of presentence credits constitutes new intervening judgment allowing prisoner to file federal habeas petition that does not run afoul of AEDPA's prohibition on 'second or successive' petitions. |
Criminal Law and Procedure |
|
S. Reinhardt | Oct. 12, 2017 |
|
16-15141
|
CTIA-The Wireless Association v. City of Berkeley
Order |
|
Oct. 12, 2017 | ||
|
13-17132
|
Teixeira v. County of Alameda
County of Alameda's ordinance restricting location of gun shops does not infringe upon would-be gun shop owners' and potential customers' right to bear arms. |
Constitutional Law |
|
M. Berzon | Oct. 11, 2017 |
|
15-10557
|
U.S. v. Bonnett
An obstruction of justice enhancement may be based upon a finding of the defendant's malingering. |
Criminal Law and Procedure |
|
P. Curiam (9th Cir.) | Oct. 11, 2017 |
|
16-9446
|
Weathers v. Davis
Order |
|
Oct. 11, 2017 | ||
|
16-15606
|
Longoria v. Pinal County
Officer who fatally shot driver following car chase not entitled to qualified immunity where use of deadly force was unreasonable under circumstances. |
Immunity |
|
S. Reinhardt | Oct. 11, 2017 |
|
16-30150
|
U.S. v. Slade
Prior conviction for second-degree assault under Washington law erroneously treated as crime of violence, warranting resentencing of felon in possession of firearm conviction. |
Criminal Law and Procedure |
|
C. Bea | Oct. 11, 2017 |
|
15-16220
|
Nationwide Biweekly Administration Inc. v. Owen
In dispute challenging California laws regulating company's mortgage loan repayment business practices, company wins partial victory on court's erroneous 'Younger' abstention and denial of preliminary injunction. |
Civil Rights |
|
S. Reinhardt | Oct. 11, 2017 |
|
14-99001
|
Kirkpatrick v. Chappell
Order finding that habeas petitioner waived claims vacated where evidence fails to show that habeas petitioner did so 'knowingly, voluntarily, and intelligently.' |
Prisoners' Rights |
|
S. Reinhardt | Oct. 11, 2017 |
|
B279273
|
JetSuite v. County of Los Angeles
Jets properly taxed at full value where evidence fails to show that other states 'acquired situs' over jets. |
Tax |
|
B. Hoffstadt | Oct. 11, 2017 |
|
A144254
|
Christensen v. Lightbourne
In determining a family's eligibility for cash aid under CalWORKs program, child support paid to benefit children living outside the home counts as family income. |
Administrative Agencies |
|
M. Miller | Oct. 10, 2017 |
|
H040921
|
In re Marriage of Kalinawan
Quasi-estoppel inapplicable where person challenging divorce decree was not party to divorce, did not procure or help procure decree, and was ignorant of circumstances surrounding decree. |
Family Law |
|
N. Mihara | Oct. 10, 2017 |
|
A146162
|
Linton v. DeSoto Cab Company
Judgment in wage claims proceeding finding that worker is independent contractor reversed where court fails to apply 'seminal case' regarding employment relationships in California. |
Employment Law |
|
R. Dondero | Oct. 9, 2017 |
|
15-17253
|
County of Amador v. United States Dept. of the Interior
County unsuccessful in challenging Department of the Interior's decision to take land into trust for Indian tribe and to allow tribe to build casino on land. |
Native American Affairs |
|
S. Graber | Oct. 9, 2017 |
|
C075909
|
People v. Mays
Defendant unsuccessful in challenging restitution order to estate of victim's mother, where mother qualified as victim under the statute and incurred expenses before death. |
Criminal Law and Procedure |
|
G. Nicholson | Oct. 9, 2017 |
|
14-35053
|
Entler v. Gregoire
Prisoner's First Amendment retaliation claims are actionable where Prisoner's threats to sue are protected under the First Amendment. |
Prisoners' Rights |
|
F. Block | Oct. 9, 2017 |
|
16-1125
|
Lacaze v. Louisiana
Order |
|
Oct. 6, 2017 | ||
|
16-1533
|
E.F. v. Newport Mesa Unified School District
Order |
|
Oct. 6, 2017 | ||
|
16-8644
|
Cureton v. U.S.
Order |
|
Oct. 6, 2017 |
