| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B269349
|
People v. Pou
Motion to suppress drug evidence seized pursuant to warrantless entry and search of home properly denied based on emergency aid exception to warrant requirement. |
Criminal Law and Procedure |
|
Apr. 28, 2017 | |
|
16-15372
|
Rizo v. Yovino
Contrary decision regarding wage disparity claim under Equal Pay Act vacated where prior salary alone may constitute affirmative defense as 'other factor other than sex.' |
Employment Law |
|
Apr. 28, 2017 | |
|
S240795
|
People v. Wilson
Does the definition of "unreasonable risk of danger to public safety" (Pen. Code, Section 1170.18, subd. (c)) under Proposition 47 ("the Safe Neighborhoods and Schools Act") apply to resentencing under the Three Strikes Reform Act of 2012 (Pen. Code, Section 1170.126)? |
|
Apr. 28, 2017 | ||
|
S240470
|
Guardianship v. G. (Denis)
Order |
|
Apr. 28, 2017 | ||
|
S241133
|
Dow Agrosciences v. Superior Court (Center for Environmental Health)
Opinion |
|
Apr. 28, 2017 | ||
|
H042189
|
People v. Elder
Imposition of multiple victim enhancement in connection with deadly DUI case runs afoul of general prohibition against multiple punishments for same act. |
Criminal Law and Procedure |
|
Apr. 27, 2017 | |
|
C078706
|
City of Jackson v. WCAB
Genetics is a proper factor on which to base causation of disability, leading to annulment of WCAB's decision to the contrary. |
Workers' Compensation |
|
Apr. 27, 2017 | |
|
G052282
|
People v. Vela
Proposition 57 applies retroactively to minor involved in gang-related killing and directly tried as adult, requiring reversal and remand for juvenile transfer hearing. |
Criminal Law and Procedure |
|
Apr. 26, 2017 | |
|
A145156
|
People v. Sanford
Teenager found in suspected getaway car involved in jewelry heist obtains reversal of robbery conviction where no other evidence linked him to the crime. |
Criminal Law and Procedure |
|
Apr. 26, 2017 | |
|
15-1500
|
Lewis v. Clarke
Tribal sovereign immunity does not bar individual-capacity damages against tribal employee for tort committed within scope of his employment. |
Administrative Agencies |
|
Apr. 26, 2017 | |
|
C081190
|
City of Santa Maria v. Cohen
City of Santa Maria as successor agency to defunct redevelopment agency may not use redevelopment funds to pay bonds due on parking facilities. |
Administrative Agencies |
|
Apr. 26, 2017 | |
|
H042976
|
Aptos Council v. County of Santa Cruz
Ordinances changing county zoning, sign, and hotel standards not project requiring single environmental impact report, as changes serve different purposes and are implemented independently. |
Environmental Law |
|
Apr. 26, 2017 | |
|
E064374
|
P. v. Costella
Arson conviction affirmed, where there is sufficient evidence that land that burned was "forest land" within meaning of arson statute. |
Criminal Law and Procedure |
|
Apr. 25, 2017 | |
|
A147340
|
Sierra Club v. County of Sonoma (Ohlson)
Requirements of Sonoma ordinance governing grading permits pertaining to specific vineyard application are objective, rendering issuance of permit 'ministerial' and exempt from CEQA review. |
Environmental Law |
|
Apr. 25, 2017 | |
|
G051956
|
Nautilus Inc. Yang
Despite misapplication of burden of proof, good faith defense established to claim of fraudulent conveyance. |
Real Property |
|
Apr. 25, 2017 | |
|
01-71934
|
California PUC v. FERC
FERC acts arbitrarily and capriciously in failing to allocate shortfall in settlement clearing account among all market participants. |
Utilities |
|
Apr. 25, 2017 | |
|
17-15589
|
State of Hawaii v. Trump
Order |
|
Apr. 25, 2017 | ||
|
S233508
|
In re Kirchner
Penal Code Section 1170(d)(2), which allows minor defendants sentenced to life without parole to petition for resentencing, does not meet review requirements established in 'Miller v. Alabama.' |
Criminal Law and Procedure |
|
Apr. 25, 2017 | |
|
15-56606
|
City of Los Angeles v. AECOM Services Inc.
Neither Title II of ADA nor Section 504 of Rehabilitation Act preempt state-law claims for contribution, resulting in reversal of order dismissing city's third-party claims. |
Disability Discrimination |
|
Apr. 25, 2017 | |
|
B270580
|
Marina Pacifica Homeowners v. Southern Cal. Fin. Corp.
Amendments to Civil Code section does not make transfer fee unenforceable, due to savings clause that keeps fees at issue enforceable |
Civil Procedure |
|
Apr. 25, 2017 | |
|
H039705
|
People v. Mendoza
Defendant, a minor tried as an adult, unsuccessful in obtaining relief where Proposition 57 does not apply retroactively. |
Criminal Law and Procedure |
|
Apr. 24, 2017 | |
|
B277076
|
In re B.M.
Trial court correctly finds that common butter knife used by defendant is deadly weapon within meaning of Penal Code Section 245(a)(1). |
Criminal Law and Procedure |
|
Apr. 24, 2017 | |
|
15-15496
|
Kwan v. SanMedica International LLC
Motion to dismiss complaint properly granted, where plaintiff fails to allege facts to support finding that defendant's advertising claims were actually false. |
Consumer Law |
|
Apr. 24, 2017 | |
|
C077882
|
People v. Valdez
Petition for recall of sentence under Proposition 36 properly denied, where defendant is 'armed' with weapon even though weapon is not in his possession at time it is discovered. |
Criminal Law and Procedure |
|
Apr. 24, 2017 | |
|
C082363
|
People v. Superior Court (Rodas)
Trial court exceeds jurisdiction in granting defendant's motion to withdraw no contest plea, where defendant moves to withdraw plea beyond period allowed in statute. |
Criminal Law and Procedure |
|
Apr. 24, 2017 | |
|
16-30013
|
U.S. v. Fryberg
Return of service proving defendant had notice of a domestic violence hearing regarding him rightly deemed admissible under the public record exception to hearsay. |
Criminal Law and Procedure |
|
Apr. 24, 2017 | |
|
A146495
|
Pacific Gas and Electric Co. v. Superior Court (Rowe)
PG&E cannot assert recreational use immunity as shield from negligence claim stemming from fallen tree, where payment of consideration in exchange for permission to enter park abrogates immunity. |
Immunity |
|
Apr. 24, 2017 | |
|
15-56057
|
Andres v. Marshall
Prisoner is deemed to have exhausted available administrative remedies when prison officials fail to respond to his grievance, thus permitting excessive force action to proceed. |
Prisoners Rights |
|
Apr. 24, 2017 | |
|
15-30350
|
U.S. v. Johnson
Under Mandatory Victim Restitution Act, restitution may flow from events other than the count of conviction, if harm caused was part of defendant's 'scheme, conspiracy, or pattern.' |
Remedies |
|
Apr. 24, 2017 | |
|
D069638
|
Citizens for Beach Rights v. San Diego
Lawsuit asserting expiration of issued site development permit barred by statute of limitations, as complaint is filed more than 90 days after City's issuance of building permit. |
Government |
|
Apr. 24, 2017 |
