Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
G050268
|
People v. Garcia
Pimp's constitutional challenge over trial court's decision to release minor from commitment as material witness after permitting her conditional examination fails to overturn convictions. |
Criminal Law and Procedure |
|
Dec. 12, 2016 | |
15-5991
|
Shaw v. U.S.
Bank fraud statute covers schemes to deprive bank of money in customer's deposit account; nevertheless, instructional error warrants vacatur of fraudster's conviction for bank fraud. |
Criminal Law and Procedure |
|
Dec. 12, 2016 | |
16-16236
|
Fowler Packing Company Inc. v. Lanier
Order |
|
Dec. 12, 2016 | ||
D070894
|
B.B. v. Superior Court (San Diego County Health and Human Services Agency)
Agency errs in failing to follow proper procedures to terminate guardianship, but error harmless and does not trigger new period of reunification services. |
Dependency |
|
Dec. 12, 2016 | |
B264487
|
De Vries v. Regents of the University of California
Legislation making undocumented immigrant students at University of California eligible for resident tuition, financial aid, and student loans does not violate federal Personal Responsibility and Work Opportunity Reconciliation Act. |
Education |
|
Dec. 12, 2016 | |
S218400
|
In re Transient Occupancy Tax Cases
For hotel rooms obtained through online travel company, hotel operators must pay transient occupancy tax based on wholesale rate, not retail rate. |
Taxation |
|
Dec. 12, 2016 | |
S100735
|
People v. Landry
Enhancement for use of a dangerous or deadly weapon must be stricken from assault by a life prisoner count, but judgment otherwise affirmed. |
Criminal Law and Procedure |
|
Dec. 12, 2016 | |
15-10517
|
U.S. v. Rocha-Alvarado
Modified categorical approach divides overinclusive portion of state sexual assault statute; remainder meets general definition of federal crime of violence, justified enhancement for defendant who touched nine-year-old inappropriately over her clothes. |
Criminal Law and Procedure |
|
Dec. 12, 2016 | |
14-60080
|
In re Molasky
Debtor's motion to dismiss reversed, where intervenor can proceed with litigation as sole remaining party even after dismissal of original party who represented intervenor's interest. |
Bankruptcy |
|
Dec. 12, 2016 | |
B270043
|
Riske v. Superior Court
Content of police officer personnel files merits discovery as information is material to litigation concerning unlawful retaliation for protected whistleblower activity. |
Employment Discrimination |
|
Dec. 12, 2016 | |
B267494
|
People v. Lopez
Intent to sell finding for methamphetamine possession conviction renders transportation conviction valid, despite failure to inform jury of intent to sell requirement for transportation conviction. |
Criminal Law and Procedure |
|
Dec. 11, 2016 | |
A147004
|
I.S., a Minor
Transferee juvenile court has power to rule on ward's Prop. 47 recall petition over disposition made by transferor court under Welfare and Institutions Code Section 750. |
Juveniles |
|
Dec. 11, 2016 | |
16A569
|
Smith v. Alabama
Order |
|
Dec. 11, 2016 | ||
16A545
|
Smith v. Alabama
Order |
|
Dec. 11, 2016 | ||
13-17102
|
Facebook v. Vachani
Gathering of information from Facebook accounts violates Computer Fraud and Abuse Act due to Facebook's clear revocation of authorization via cease and desist letter. |
Civil Procedure |
|
Dec. 11, 2016 | |
S229446
|
People v. Financial Casualty & Surety Inc.
Although appellate court incorrectly interprets statute, judgment affirmed because it correctly finds trial court did not abuse discretion in denying second motion to extend bail bond exoneration period. |
Criminal Law and Procedure |
|
Dec. 8, 2016 | |
S118384
|
People v. Melendez
Prospective juror's lack of opinions constituted valid, race-neutral reason for his exclusion and does not support reversal of defendant's murder convictions. |
Criminal Law and Procedure |
|
Dec. 8, 2016 | |
14-10037
|
U.S. v. Nosal
Convictions affirmed where former employee with revoked computer access acts 'without authorization' under Computer Fraud and Abuse Act by conspiring to use login credentials of current employee. |
Criminal Law and Procedure |
|
Dec. 8, 2016 | |
C079614
|
East Sacramento Partnership for a Livable City v. City of Sacramento (Encore McKinley Village LLC)
City of Sacramento's certification and approval of residential project overturned where environmental impact report was deficient on issue of traffic impacts. |
Environmental Law |
|
Dec. 7, 2016 | |
E063172
|
People v. Johnson
Driver's conviction for second degree murder on retrial overturned where trial court failed to properly instruct jury on prior manslaughter conviction. |
Criminal Law and Procedure |
|
Dec. 7, 2016 | |
15-628
|
Salman v. United States
Ninth Circuit properly applies 'Dirks v. SEC' in affirming convictions for conspiracy and insider trading. |
Securities |
|
Dec. 6, 2016 | |
B267353
|
People v. Burroughs
Admission of inflammatory inadmissible documentary evidence and hearsay testimony results in reversal of sexually violent predator designation. |
Criminal Law and Procedure |
|
Dec. 6, 2016 | |
15-513
|
State Farm Fire & Casualty Co. v. United States ex rel. Rigby
Violation of the False Claims Act's requirement that a complaint 'shall' be kept under seal does not result in mandatory dismissal of qui tam action. |
Civil Procedure |
|
Dec. 6, 2016 | |
15-777
|
Samsung Electronics Co. Ltd. Apple Inc.
Relevant 'article of manufacture' for calculation of damages involving multi-component product need not be end product sold to consumer, but may be only a component of said product. |
Intellectual Property |
|
Dec. 6, 2016 | |
14-56837
|
Japanese Village v. FTA
Consideration and implementation of temporary relocation among other noise and vibration mitigation measures during light rail construction meets mitigation burden established under NEPA. |
Environmental Law |
|
Dec. 6, 2016 | |
H041934
|
Advent Inc. v. National Union Fire Insurance Co. of Pittsburgh, PA
Summary judgment properly granted in favor of subcontractor's excess insurance carrier, where contractor's excess insurance carrier fails to show worker's injuries caused by subcontractor. |
Insurance |
|
Dec. 6, 2016 | |
B269831
|
Marriage of Schu
Spousal support properly denied to wife based on evidence of domestic abuse she perpetrated on her children to facilitate ongoing sexual abuse of her son's friend. |
Family Law |
|
Dec. 6, 2016 | |
C077077
|
Gee v. Estate of Jewett
Motion to set aside dismissal due to attorney error is not based on previously denied motion and properly vacated under Code of Civil Procedure 473(b). |
Civil Procedure |
|
Dec. 6, 2016 | |
B263721
|
In re Marriage of Usher
In light of father's overall wealth, decrease in his income from employment is not material change of circumstances warranting modification of existing child support payment. |
Family Law |
|
Dec. 5, 2016 | |
C078933
|
People v. Sanghera
Defendant precluded from challenging trial court's evidentiary ruling to allow prior misconduct impeachment evidence where defendant chose not to testify at trial. |
Criminal Law and Procedure |
|
Dec. 5, 2016 |