| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B264718
|
People v. Financial Casualty & Surety Inc.
Surety unsuccessful in overturning denial of motion to vacate forfeiture of bond, where prosecuting agency is allowed to require photograph or fingerprints under vacatur statute. |
Criminal Law and Procedure |
|
Apr. 4, 2017 | |
|
A146648
|
People v. Smith
Girlfriend's statement admitting she was the driver in boyfriend's DUI case is inadmissible as declaration against penal interest because of obvious signs of unreliability. |
Criminal Law and Procedure |
|
Apr. 3, 2017 | |
|
A149772
|
A.T. v. Superior Court (People)
Juvenile court errs in pressuring minor to accept 'package-deal' plea bargain by refusing to grant her request to be released to her mother's custody. |
Administrative Agencies |
|
Apr. 3, 2017 | |
|
S117489
|
People v. Winbush
Defendant's false belief that confession would result in death penalty leniency does not render confession coerced and inadmissible as evidence. |
Criminal Law and Procedure |
|
Apr. 3, 2017 | |
|
17-70700
|
Cliven Bundy v. USDC-NVL (United States)
Failure to dismiss case against Cliven Bundy due to alleged issues with possible government witness not sufficient grounds to force district court to grant 'pro hac vice' status to attorney. |
Criminal Law and Procedure |
|
Apr. 3, 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. 3, 2017 | |
|
A147313
|
Oltmans Construction Co. v. Bayside Interiors Inc.
Despite its active negligence, general contractor may be entitled to indemnification from subcontractor for portion of liability attributable to sub-subcontractor. |
Torts |
|
Apr. 3, 2017 | |
|
15-15178
|
Dowers v. Nationstar Mortgage
District court errs by dismissing suit alleging violations of Fair Debt Collection Practices Act, as security interest enforcement included in statutory definition of one alleged violation. |
Securities |
|
Apr. 3, 2017 | |
|
14-35633
|
Ramirez v. Brown
Having temporary protected status provides pathway for plaintiff to obtain lawful permanent resident status under adjustment statute. |
Immigration |
|
Apr. 3, 2017 | |
|
14-16854
|
First Community Bank v. Gaughan (In re Miller)
California bank may enforce judgment lien against Arizona couple's property located in California even if debtor-husband was the sole signatory to guaranty underlying judgment. |
Bankruptcy |
|
Apr. 3, 2017 | |
|
S240021
|
Walker v. Superior Court (People)
Opinion |
|
Mar. 31, 2017 | ||
|
B264452
|
People v. Gandy
Defendant barred from attacking prior Oregon plea-based convictions, as Oregon statute enshrining SCOTUS decision in 'Boykin' not as stringent as California interpretation of decision. |
Criminal Law and Procedure |
|
Mar. 31, 2017 | |
|
S240245
|
Chen v. L.A. Truck Centers
Must a trial court reconsider its ruling on a motion to establish the applicable law governing questions of liability in a tort action when the party whose presence justified that choice of law settles and is dismissed? |
|
Mar. 31, 2017 | ||
|
S239907
|
County of San Diego v. Commission on State Mandates
Did "Jessica's Law" constitute a "change in the law" sufficient to support the Commission's decision that some of those mandates were no longer reimbursable by the State of California? |
Government |
|
Mar. 31, 2017 | |
|
S240039
|
Coleman (Lavar) on H.C.
Order |
|
Mar. 31, 2017 | ||
|
S239402
|
FTI v. Superior Court (Coulombre)
Opinion |
|
Mar. 31, 2017 | ||
|
S239935
|
People v. Gann
Whether trial court may rely on facts of counts dismissed under plea agreement to find defendant ineligible for resentencing under Proposition 36 and People v. Frierson, which concerns standard of proof for finding of ineligibility for resentencing. |
|
Mar. 31, 2017 | ||
|
S239837
|
People v. Mizner
Does the definition of "unreasonable risk of danger to public safety" (Pen. Code, § 1170.18, subd. (c)) under Proposition 47 apply on retroactivity or other grounds to resentencing under the Three Strikes Reform Act of 2012? |
|
Mar. 31, 2017 | ||
|
S239961
|
People v. Perez
Was defendant eligible for resentencing on the penalty enhancement for committing a new felony while released on bail on a drug offense even though the superior court had reclassified the conviction for the drug offense as a misdemeanor under the provisions of Proposition 47? |
|
Mar. 31, 2017 | ||
|
S240076
|
Guiney v. Superior Court (People)
Opinion |
|
Mar. 31, 2017 | ||
|
S240182
|
City of Los Angeles v. S.C. (Gruppioni)
Order |
|
Mar. 31, 2017 | ||
|
S227473
|
Banning Ranch Conservancy v. City of Newport Beach (Newport Banning Ranch LLC)
City abuses its discretion in certifying inadequate environmental impact report related to coastal development project, resulting in relief to group challenging project's approval. |
Environmental Law |
|
Mar. 31, 2017 | |
|
E065899
|
People v. Vandiver
Petition seeking redesignation of receiving stolen property conviction from felony to misdemeanor properly granted under Proposition 47, where blank checks do not exceed $950 in value. |
Criminal Law and Procedure |
|
Mar. 31, 2017 | |
|
H042976
|
Aptos Council v. County of Santa Cruz
Ordinances changing county zoning, sing, and hotel standards not project requiring single environmental impact report, as changes serve different purposes and are implemented independently. |
Environmental Law |
|
Mar. 31, 2017 | |
|
14-35965
|
Avila v. Spokane School District 81
IDEA's statute of limitations requires courts to apply discovery rule, reviving parents' claims accusing school district of failing to identify their child's disability. |
Education |
|
Mar. 31, 2017 | |
|
C079225
|
Melcher v. Superior Court (People)
Motion to recuse entire district attorney's office properly denied where county district attorney's relationship with alleged crime victim did not jeopardize fairness of trial. |
Criminal Law and Procedure |
|
Mar. 30, 2017 | |
|
C077594
|
Pizarro v. Reynoso (Reynoso)
Probate court cannot hold beneficiary and nonbeneficiary personally liable for trust's attorney fees and costs to the extent that fees exceed trust beneficiary's trust shares. |
Probate and Trusts |
|
Mar. 30, 2017 | |
|
H043551
|
People v. Hernandez
Indeterminate life sentence for third strike robbery conviction not disqualifying prior offense for Proposition 47 resentencing, as life sentence is not statutory punishment for robbery. |
Criminal Law and Procedure |
|
Mar. 30, 2017 | |
|
B268928
|
Charney v. Standard General LP
Former American Apparel CEO alleging defamation based on statements made in press release unsuccessful in overturning grant of anti-SLAPP motion. |
Anti-SLAPP |
|
Mar. 30, 2017 | |
|
15-1391
|
Expressions Hair Design v. Schneiderman
New York law banning merchants from imposing surcharge for customers' use of credit card regulates speech, and therefore must survive First Amendment scrutiny. |
Constitutional Law |
|
Mar. 30, 2017 |