Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
A145643
|
Parisi v. Mazzaferro
Order granting petition for civil harassment restraining order affirmed but remand ordered so that trial court can more precisely define scope of prohibited conduct. |
Constitutional Law |
|
Nov. 24, 2016 | |
D069111
|
People v. Thiel
Mentally ill man fails to overturn convictions for elder abuse based on alleged instructional errors regarding jury's consideration of his mental incapacity. |
Criminal Law and Procedure |
|
Nov. 24, 2016 | |
E059452
|
People v. Garcia
Section 3501's guarantee of parole opportunity at 25 years, among other factors, renders 32-year sentence of juvenile attempted murder defendant constitutional. |
Criminal Law and Procedure |
|
Nov. 24, 2016 | |
A140273
|
Marriage of Wilson
Father ordered to pay child support arrears may be eligible for equitable relief as minor resided with father's parents for majority of childhood, not with mother. |
Family Law |
|
Nov. 24, 2016 | |
B248512
|
People v. Ramos
Defendant's constitutional right to counsel violated when trial court involuntarily removed him from courtroom without appointing standby counsel to represent him during direct examination of key witness. |
Criminal Law and Procedure |
|
Nov. 22, 2016 | |
B244383
|
Lubin v. The Wackenhut Corp.
Incorrect application of 'Wal-Mart Stores, Inc. v. Dukes' to decertify wage and hour class action results in reversal of decertification. |
Employment Law |
|
Nov. 22, 2016 | |
H041812
|
In re Lambirth
30-day limit on appeals from classification committee decisions applies to submission of appeal, not receipt by correctional facility. |
Prisoners Rights |
|
Nov. 22, 2016 | |
14-15298
|
Antonick v. Electronic Arts Inc.
Source code developer for original Madden football game not entitled to royalties for Electronic Art's Sega and Nintendo versions of the popular game. |
Copyright |
|
Nov. 22, 2016 | |
14-15098
|
Newmaker v. City of Fortuna
In case alleging excessive force, summary judgment in favor of officer who fatally shot arrestee improper due to evidence contradicting officer's version of events. |
Civil Rights |
|
Nov. 22, 2016 | |
B268751
|
People v. Quick
Person arrested for DUI may not defeat search incident to arrest by locking incriminating evidence inside his vehicle. |
Criminal Law and Procedure |
|
Nov. 22, 2016 | |
B268990
|
Goles v. Sawhney
Average of three different appraisal determinations does not constitute 'fair value' for purposes of majority shareholders buyout to avoid corporate dissolution. |
Business Law |
|
Nov. 22, 2016 | |
C078491
|
Anderson Union High Sch. Dist. v. Shasta Secondary Home Sch.
Resource center operated by nonclassroom-based charter school must be within confines of charter-granting school district under Charter Schools Act. |
Education |
|
Nov. 21, 2016 | |
B268893
|
In re Carlos H.
In issuing restraining order against minor, juvenile court properly includes 'other orders' as set forth on Form No. JV-255. |
Juveniles |
|
Nov. 21, 2016 | |
B268475
|
People v. Walker
Defendant not eligible for Proposition 47 relief due to murder conviction that came after earlier drug-related convictions otherwise eligible for resentencing. |
Criminal Law and Procedure |
|
Nov. 21, 2016 | |
A143768
|
People v. Cruz Villagran
Sufficient evidence supports convictions of attempt to commit a lewd or lascivious act on a minor where defendant commits offense through medium of text messaging. |
Criminal Law and Procedure |
|
Nov. 21, 2016 | |
A142646
|
Contreras v. Dowling
Attorney representing landlords prevails on anti-SLAPP motion in case brought by tenant alleging attorney aided and abetted wrongful conduct. |
Anti-SLAPP |
|
Nov. 21, 2016 | |
F071164
|
People v. Guerra
Appellate division must comply with statutory requirement and issue brief statement of its reasons for overturning trial court's ruling, which does not conflict with court rule relieving it from having to issue written opinions. |
Criminal Law and Procedure |
|
Nov. 21, 2016 | |
S218734
|
Horiike v. Coldwell Banker Residential Brokerage Co.
In dual agent transaction, associate licensee functioning on real estate broker's behalf owes 'equivalent' duty of disclosure as broker. |
Real Property |
|
Nov. 21, 2016 | |
C077077
|
Gee v. Greyhound Lines Inc.
Motion for set aside of dismissal due to attorney error not motion for reconsideration requiring filing pursuant to Code of Civil Procedure Section 1008. |
Civil Procedure |
|
Nov. 21, 2016 | |
D068523
|
Medical Marijuana Inc. v. ProjectCBD.com
Anti-SLAPP properly denied where complaint alleged no act on the part of movant in support for claims movant sought to strike. |
Anti-SLAPP |
|
Nov. 21, 2016 | |
G053232
|
Z.G., a Minor
Reunification services not in surviving children's best interest where parents were subject to services bypass following child's death due to parental neglect. |
Dependency |
|
Nov. 20, 2016 | |
B268937
|
Khosh v. Staples Construction Co. Inc.
General contractor not liable for injuries suffered by independent contractor's employee on either retained control or nondelegable duty theories. |
Torts |
|
Nov. 20, 2016 | |
A149327
|
N.M. v. Superior Court (Contra Costa County Children and Family Services Bureau)
Mother's arguments to set aside order scheduling section 366.26 hearing unavailing, resulting in denial of petition. |
Juveniles |
|
Nov. 20, 2016 | |
B252894
|
People v. Selivanov
Court may not make finding as to whether embezzled funds were 'public' as decision mandating felony classification of conviction is jury's responsibility under 'Apprendi.' |
Criminal Law and Procedure |
|
Nov. 20, 2016 | |
G052125
|
Armin v. Riverside Community Hospital
Physician need not complete internal peer review process before filing action pursuant to hospital whistleblower statute, although he may not name individual defendants in complaint. |
Anti-SLAPP |
|
Nov. 20, 2016 | |
S214855
|
Dept. of Finance v. Commission on State Mandates (County of Los Angeles)
State permitting conditions relating to storm drain systems are not federally mandated; as such, local government agencies entitled to reimbursement from state for associated costs. |
Environmental Law |
|
Nov. 20, 2016 | |
15-961
|
Visa Inc. v. Osborn
Order |
|
Nov. 20, 2016 | ||
15-962
|
Visa Inc. v. Stoumbos
Order |
|
Nov. 20, 2016 | ||
15-16466
|
Atay v. County of Maui
Local Maui Ordinance that prohibits the cultivation and testing of genetically engineered plants is preempted by the Plant Protection Act. |
Constitutional Law |
|
Nov. 20, 2016 | |
15-15246
|
Robert Ito Farm v. Moms on a Mission Hui
Magistrate judge presiding by consent of parties may make ruling regarding non-consenting intervenor as proposed intervenor not yet party to suit. |
Civil Procedure |
|
Nov. 20, 2016 |