Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B267719
|
Franceschi v. Franchise Tax Board et al
Second complaint filed in superior court for same cause of action previously filed in federal court appropriately barred by doctrine of res judicata. |
Civil Procedure |
|
Jul. 12, 2016 | |
15-1279
|
Ulrich v. Walker (In re Boates)
Order |
|
Jul. 12, 2016 | ||
13-56684
|
ESG Capital Partners LP v. Stratos
Group of investors defrauded by con artist win reversal of fraud and other claims. |
Securities |
|
Jul. 12, 2016 | |
S097886
|
People v. Zaragoza
High court overturns defendant's death penalty judgment on account of trial court's error in the death-qualification of the jury. |
Criminal Law and Procedure |
|
Jul. 12, 2016 | |
S224929
|
People v. Espinoza
Court appropriately proceeds with non-capital felony trial despite absence of defendant as voluntary absence is waiver of right to be present. |
Criminal Law and Procedure |
|
Jul. 12, 2016 | |
A139710
|
Perez v. Torres-Hernandez
Family court erroneously denies mother's request to permanently renew domestic violence restraining order citing lack of actual abuse since issuance of original restraining order. |
Family Law |
|
Jul. 12, 2016 | |
C075191
|
People v. Ranlet
Child molestation convictions affirmed where court does not abuse discretion in admitting evidence of defendant's statements made in private chat room in order to show intent. |
Criminal Law and Procedure |
|
Jul. 12, 2016 | |
D069050
|
People v. Fusting
Entering business with intent to commit theft by false pretenses qualifies as shoplifting under new Penal Code Section 459.5. |
Criminal Law and Procedure |
|
Jul. 12, 2016 | |
E063900
|
People v. Jefferson
Denial of Proposition 47 petition for recall and resentencing of commercial burglary felony conviction to misdemeanor shoplifting proper where ample evidence supports dangerousness finding. |
Criminal Law and Procedure |
|
Jul. 11, 2016 | |
E063745
|
People v. Jones
Proposition 47 petition for retroactive striking of enhancement properly denied, but remand warranted where commercial burglary conviction otherwise qualified for reclassification as misdemeanor shoplifting. |
Criminal Law and Procedure |
|
Jul. 11, 2016 | |
E062858
|
People v. Smith
Check exchange business constitutes 'commercial establishment' for purposes of shoplifting statute, Penal Code Section 459.5, added under Proposition 47. |
Criminal Law and Procedure |
|
Jul. 11, 2016 | |
13-35818
|
Pacific Maritime Association v. National Labor Relations Board
Summary judgment in favor of employer association reversed where court errs in asserting jurisdiction under 'Leedom v. Kyne.' |
Labor Law |
|
Jul. 11, 2016 | |
D067687
|
Magno et al v. The College Network Inc
Hastily-signed contract with arbitration clause requiring California signatories to participate in proceedings in Indiana ruled unconscionable. |
Contracts |
|
Jul. 11, 2016 | |
14-56909
|
Aguayo v. Jewell
Bureau of Indian Affairs lack authority to intervene in tribal membership dispute involving disenrollment of 150 people from the Pala Band of Mission Indians. |
Native American Affairs |
|
Jul. 11, 2016 | |
08-50531
|
U.S. v. Christensen
Criminal sleuths escape computer fraud- and unauthorized computer access-related convictions connected to operation of criminal enterprise, Pellicano Investigative Agency. |
Criminal Law and Procedure |
|
Jul. 11, 2016 | |
D070253
|
City of Carlsbad v. Scholtz
Interlocutory appeal from administrative proceeding not suitable for appeal. |
Civil Procedure |
|
Jul. 11, 2016 | |
H041157
|
People v. Ocegueda
Failure to instruct jury that it could consider defendant's mental disabilities involving claim for imperfect self-defense not prejudicial, but reversal nevertheless warranted due to sentencing error. |
Criminal Law and Procedure |
|
Jul. 11, 2016 | |
B268621
|
Gerner v. Superior Court (Department of Consumer Affairs)
Psychiatrist properly invoked psychotherapist-patient privilege in wake of subpoena seeking patient's treatment records, resulting in writ of mandate to vacate order compelling disclosure. |
Evidence |
|
Jul. 11, 2016 | |
14-16424
|
Brooks v. Clark County
Court marshal entitled to qualified immunity from lawsuit alleging unconstitutional use of force in 'shoving' disruptive bail agent out of courtroom. |
Civil Rights |
|
Jul. 8, 2016 | |
H041521
|
Via View Inc. v. Retzlaff
Denial of motion to quash erroneous because anti-SLAPP motion filed along with motion to quash did not constitute general appearance conferring jurisdiction over Texas resident. |
Civil Procedure |
|
Jul. 8, 2016 | |
14-70276
|
Silva-Pereira v. Lynch
Former professional soccer player unsuccessful in obtaining relief from removal due to lack of credibility and involvement in murders. |
Immigration |
|
Jul. 8, 2016 | |
S221263
|
In re Isaiah W.
Parent may challenge finding of inapplicability of Indian Child Welfare Act in appeal from subsequent order even though she did not raise challenge in appeal from initial order. |
Native American Affairs |
|
Jul. 8, 2016 | |
13-74115
|
Andrade-Garcia v. Lynch
Guatemalan citizen's petition for review of immigration judge's decision affirming negative fear determination in reinstated removal proceedings denied where conclusion supported by substantial evidence. |
Immigration |
|
Jul. 8, 2016 | |
14-55014
|
Lone Star Sec. & Video v. City of Los Angeles
Local bans on mobile billboards pass First Amendment scrutiny as relevant measures consider manner of speech, not content. |
Constitutional Law |
|
Jul. 8, 2016 | |
15-56434
|
Flores v. Lynch
District court erroneously orders release of accompanying parents pursuant to 1997 Settlement establishing nationwide policy for detained minors. |
Immigration |
|
Jul. 7, 2016 | |
14-10448
|
United States v. Phillips
Defendant's challenge to conviction for being felon in possession of firearm based on argument that predicate offense of 'misprision of felony' violates Second Amendment rejected. |
Criminal Law and Procedure |
|
Jul. 7, 2016 | |
D069661
|
People v. Field
Strict scrutiny is appropriate level of review in considering disparate treatment of sexually violent predators and those found not guilty by reason of insanity. |
Criminal Law and Procedure |
|
Jul. 7, 2016 | |
A134913
|
In re Automobile Antitrust Cases I and II
Evidence tending to show collusive activity by automaker enough for antitrust claim to survive summary judgment. |
Antitrust |
|
Jul. 7, 2016 | |
H040508
|
Popescu v. Apple Inc.
Expert fired for resisting Apple Inc.'s illegal anti-competitive behavior may maintain contract and business interference claim against consumer electronics giant. |
Torts |
|
Jul. 6, 2016 | |
B261194
|
Chang v. County of Los Angeles
County not required to indemnify deputies that assaulted and battered inmate with actual malice, oppression, or fraud pursuant to invocation of reservation of rights. |
Employment Law |
|
Jul. 6, 2016 |