Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B268282
|
People v. Reyes
Two-year enhancement under California Penal Code section 12022.1 inapplicable when defendant's primary offense reduced to misdemeanor and resolved by plea of no contest. |
Criminal Law and Procedure |
|
Oct. 9, 2016 | |
15-30213
|
U.S. v. Kaplan
Replacement value provides best measure to ensure restitution to victims of huge hash oil explosion caused by fellow apartment dwellers. |
Criminal Law and Procedure |
|
Oct. 9, 2016 | |
F069946
|
People v. VonWahlde
Court lacks authority to vacate parole term under Penal Code Section 1385, grant courts jurisdiction to dismiss criminal actions. |
Criminal Law and Procedure |
|
Oct. 6, 2016 | |
A142723
|
Hjelm v. Prometheus Real Estate Group Inc.
Residents properly awarded attorney fees pursuant to Civil Code Section 1717 where attorney fees provisions in lease agreement were all one-sided, favoring only landlord. |
Contracts |
|
Oct. 6, 2016 | |
D068515
|
People v. Accredited Surety & Casualty Co.
Denial of bail bond company's motion to vacate forfeiture of bond affirmed where members of international fugitive apprehension unit are not 'local law enforcement officers' under statute. |
Criminal Law and Procedure |
|
Oct. 6, 2016 | |
A141500
|
Nicodemus v. Saint Francis Memorial Hospital
Certification of class action erroneously denied where, contrary to trial court's finding, proposed class members were ascertainable from data set provided by records services provider. |
Evidence |
|
Oct. 6, 2016 | |
B259937
|
LSREF2 Clover Property 4 LLC v. Festival Retail Fund 1 LP
In action for breach of guaranty, judgment in favor of guarantor reversed where trial court errs in applying sham guaranty defense. |
Banking |
|
Oct. 6, 2016 | |
B260715
|
Markow v. Rosner
Independently contracted doctor not 'ostensible agent' of Cedars-Sinai, protecting hospital fault in negligence and loss of consortium claim. |
Civil Procedure |
|
Oct. 5, 2016 | |
E063389
|
People v. Varner
Penal Code Section 496d conviction for receiving stolen motor vehicle is not an eligible offense for Prop. 47 reclassification, resentencing. |
Criminal Law and Procedure |
|
Oct. 5, 2016 | |
A144450
|
People v. Fornay
Condition of probation pursuant to statute requiring sex offender to waive his Fifth Amendment privilege ordered stricken; shorn of that requirement, polygraph tests otherwise valid. |
Criminal Law and Procedure |
|
Oct. 5, 2016 | |
B267953
|
In re Julien H.
Reliance on inapplicable provision does not require reversal of order restricting father's rights to son where father fails to demonstrate prejudice. |
Juveniles |
|
Oct. 5, 2016 | |
D068135
|
People v. Nachbar
Probation condition requiring defendant to submit to warrantless computer searches not unconstitutionally vague as defendant had been convicted and is not mere suspect. |
Criminal Law and Procedure |
|
Oct. 5, 2016 | |
B266718
|
People v. Pak
In crime involving pawning of stolen items, value of funds obtained is key, not the value of property pawned, for purposes of Prop. 47. |
Criminal Law and Procedure |
|
Oct. 5, 2016 | |
15-10219
|
U.S. v. Lo
Appeal of restitution order and forfeiture money judgment dismissed where defendant validly waives right to appeal and no exception to waivers apply. |
Criminal Law and Procedure |
|
Oct. 5, 2016 | |
G051391
|
Moran v. Prime Healthcare Management Inc.
'Self-pay patient' sufficiently alleges facts supporting conclusion he has standing to claim amount hospital bills such patients is unconscionable, winning reversal of dismissal. |
Health Care |
|
Oct. 5, 2016 | |
G052058
|
Marriage of Cohen
Divorcing couples cannot contract out of 'change-of-circumstances' rule that applies to post-divorce judgment modifications by inserting 'de novo review' clause in stipulated judgment. |
Family Law |
|
Oct. 4, 2016 | |
B259937
|
LSREF2 Clover Property 4 LLC v. Festival Retail Fund 1 LP
In action for breach of guaranty, judgment in favor of guarantor reversed where trial court errs in applying sham guaranty defense. |
Banking |
|
Oct. 4, 2016 | |
F070988
|
Citizens for Ceres v. City of Ceres
Recovery of cost of preparing administrative record in CEQA action not limited to city, where real party in interest is also prevailing party under statute. |
Environmental Law |
|
Oct. 4, 2016 | |
B269598
|
Michael S., a Minor
Welfare and Institutions Code Section 361(c)(1) does not preclude juvenile court from ordering removal of child from just one custodial parent. |
Dependency |
|
Oct. 3, 2016 | |
A142424
|
People v. Stamps
Expert testimony identifying drug through online comparison inadmissible hearsay under 'People v. Sanchez.' |
Evidence |
|
Oct. 3, 2016 | |
15-1493
|
Mann v. North Dakota
Order |
|
Oct. 3, 2016 | ||
15-7813
|
Lindsey v. Indiana
Order |
|
Oct. 3, 2016 | ||
15-7902
|
Brooks v. Louisiana
Order |
|
Oct. 3, 2016 | ||
15-9501
|
Boman v. U.S.
Order |
|
Oct. 3, 2016 | ||
15-9716
|
Sykes v. U.S.
Order |
|
Oct. 3, 2016 | ||
15-9883
|
Conley v. U.S.
Order |
|
Oct. 3, 2016 | ||
15-9918
|
Russell v. Alabama
Order |
|
Oct. 3, 2016 | ||
16-5164
|
Wright v. U.S.
Order |
|
Oct. 3, 2016 | ||
16-90117
|
In Re Complaint of Judicial Misconduct
Order |
|
Oct. 3, 2016 | ||
16-90121
|
In Re Complaint of Judicial Misconduct
Order |
|
Oct. 3, 2016 |