| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B265105
|
Madrigal v. Victim Compensation and Government Claims Board
Denial of defendant's compensation claim overturned where Victim Compensation and Government Claims Board's conclusion on binding effect of district court's habeas findings was erroneous. |
Criminal Law and Procedure |
|
Dec. 21, 2016 | |
|
15-16178
|
Mohamed v. Uber Technologies Inc.
Uber's motion to compel arbitration erroneously denied where district court improperly assumed authority to decide threshold issue of arbitrability despite clear, unmistakable delegation clause. |
Arbitration |
|
Dec. 21, 2016 | |
|
14-17106
|
Rainero v. Archon Corp.
Complaint properly dismissed for lack of jurisdiction, where Securities Litigation Uniform Standards Act does not provide independent basis for federal question jurisdiction under 28 U.S.C. section 1331. |
Securities |
|
Dec. 21, 2016 | |
|
14-16983
|
Barapind v. Government of the Republic of India
India's diplomatic communications with the United States does not constitute waiver of sovereign immunity that would confer subject matter jurisdiction in federal court. |
Immunity |
|
Dec. 21, 2016 | |
|
14-10561
|
United States v. Shields
Failure to instruct jury on duty of disclosure requirement for nondisclosure wire fraud conviction constitutes error, but not reversible plain error as court followed Model Instructions and defense failed to object to omission. |
Criminal Law and Procedure |
|
Dec. 21, 2016 | |
|
13-17358
|
Marilley v. Bonham
Differential fees for nonresident fishers permissible under Privileges and Immunities Clause, where nonresidents receive benefit from state in form of significant resident taxes used to maintain and police fishery resources. |
Constitutional Law |
|
Dec. 21, 2016 | |
|
A143590
|
Kase v. Metalclad Insulation Corporation
Navy insulation requirements implicitly requiring use of asbestos-laced product constitute 'reasonably precise specifications' under the government contractor defense. |
Civil Procedure |
|
Dec. 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 |
|
Dec. 20, 2016 | |
|
C078665
|
Tidwell Enterprises v. Financial Pacific Ins. Co.
Incremental structural damage incurred during insurance policy period culminating in fire after expiration of policy may still require insurer to cover insured. |
Insurance |
|
Dec. 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 |
|
Dec. 20, 2016 | |
|
16-16236
|
Fowler Packing Co. Inc. v. Lanier
California businesses that were allegedly singled out in Assembly Bill 1513 may maintain their equal protection challenge over the law's carve-out provisions. |
Civil Rights |
|
Dec. 20, 2016 | |
|
14-10427
|
United States v. Thomas
Despite unreasonable length of mandatory minimum sentence in eyes of court, imposition of sentence per low end of Sentencing Guidelines for remaining crimes not unreasonable. |
Criminal Law and Procedure |
|
Dec. 20, 2016 | |
|
07-50051
|
U.S. v. Yepiz
Court's rejection, without explanation, of defendant's letter seeking new counsel results in vacated conviction and remand for new trial. |
Criminal Law and Procedure |
|
Dec. 20, 2016 | |
|
E064318
|
People v. Brown
Defendant fails to overturn witness intimidation conviction by asserting that he should have been convicted under specific, rather than general, statute. |
Criminal Law and Procedure |
|
Dec. 20, 2016 | |
|
C067758
|
Property Reserve Inc. v. Superior Court (Department of Water Resources)
Trial court errs in holding precondemnation proceeding exempt from discovery, but landowners' failure to show prejudicial error results in affirmance. |
Eminent Domain |
|
Dec. 19, 2016 | |
|
B270310
|
Conservatorship of B.C.
Unlike conservatorship proceedings under the Lanterman-Petris-Short Act, probate conservatorships do not require personal waiver of conservatee's right to jury trial. |
Conservatorship |
|
Dec. 19, 2016 | |
|
S133510
|
People v. Mickel
Passing references to psychiatric report questioning defendant's mental capacity not enough to require court to express concern for defendant's competency on record, as require by Pen. Code. Section 1368. |
Criminal Law and Procedure |
|
Dec. 19, 2016 | |
|
C081591
|
People v. Franske
Thief who stole from employee's purse eligible for Prop. 47 resentencing relief even though she did not steal from 'openly displayed merchandise.' |
Criminal Law and Procedure |
|
Dec. 19, 2016 | |
|
B267479
|
People v. Elizalde
Trial court's grant of Proposition 47 petition renders moot defendant's appeal of court's finding that she violated postrelease community supervision. |
Criminal Law and Procedure |
|
Dec. 19, 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. 19, 2016 | |
|
C078960
|
People v. Gonzales
Petitioner's conviction for identity theft did not foreclose eligibility for Prop. 47 relief where that identity theft conviction was unrelated to forgery counts. |
Criminal Law and Procedure |
|
Dec. 19, 2016 | |
|
G051212
|
People v. Pinon
Imposition of one-year parole in resentencing offender under Prop. 47 erroneous where resulting period exceeded remainder of his post-release community supervision. |
Criminal Law and Procedure |
|
Dec. 18, 2016 | |
|
A140096
|
Thompson v. Asimos
Assumption that lawsuit would have garnered full claim without defendant's breach of contract improper in award of damages to former business partner of defendant. |
Contracts |
|
Dec. 18, 2016 | |
|
D070157
|
Ray M., a Minor
Failure to provide notice to all parties involved in minor's dependency case warrants reversal of juvenile court order adjudging minor a ward. |
Juveniles |
|
Dec. 18, 2016 | |
|
D069922
|
San Diegans for Open Government v. City of San Diego (Sunroad Enterprises)
Challengers of development project not entitled to appeal substantial conformance review decision to city council. |
Environmental Law |
|
Dec. 18, 2016 | |
|
13-56746
|
Swoben v. Unitedhealthcare
Allegation of abuse of Medicare Advantage enrollee reporting system in proposed fourth amended complaint constitutes cognizable legal theory, meriting consideration in district court. |
Health Care |
|
Dec. 18, 2016 | |
|
10-56406
|
Tibble v. Edison International
Complaint that breach of duty claims were dismissed due to statute of limitations not forfeited, as argument articulated on both district and appellate level. |
Civil Procedure |
|
Dec. 18, 2016 | |
|
09-99023
|
Zapien v. Martel
California state prisoner fails to challenge destruction of audio tape recording of defense's strategy on due process grounds. |
Criminal Law and Procedure |
|
Dec. 18, 2016 | |
|
S238210
|
People v. Nachbar
Did the trial court err by imposing an "electronics search condition" on the juvenile as a condition of his probation when that condition had no relationship to the crimes he committed but was justified on appeal as reasonably related to future criminality under People v. Olguin (2008) 45 Cal.4th 375 because it would facilitate the juvenile's supervision? |
|
Dec. 16, 2016 | ||
|
S238298
|
People v. Olguin
Does Proposition 47 ("the Safe Neighborhoods and Schools Act"), which reclassifies as a misdemeanor any grand theft involving property valued at $950 or less (Pen. Code, section 490.2), apply to theft of access card information in violation of Penal Code section 484e, subdivision (d)? |
|
Dec. 16, 2016 |
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