| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
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 | |
|
14-56443
|
M.D. v. Newport-Mesa Unified School District
Motion for relief from judgment erroneously denied where two-day delay in filing amended complaint was excusable under 'Pioneer' factors. |
Civil Procedure |
|
Nov. 20, 2016 | |
|
14-16833
|
Syngenta Seeds Inc. v. County of Kauai
Court does not err in finding county's regulation of pesticides impliedly preempted by state law. |
Statutory Interpretation |
|
Nov. 20, 2016 | |
|
A148325
|
People v. Morera-Munoz
Prohibition on providing peace officers with false information does not violate First Amendment as statute serves legitimate government purpose of assisting enforcement of Vehicle Code. |
Constitutional Law |
|
Nov. 20, 2016 | |
|
C079831
|
People v. Rendon
Possession of materials that may be used to produce more counterfeit bills irrelevant to valuation of counterfeit bills for purposes of determining defendant's punishment for forgery. |
Criminal Law and Procedure |
|
Nov. 20, 2016 | |
|
H042499
|
People v. Colbert
Store's back office is a discrete area separate from the commercial part of the establishment; hence, theft occurring there does not constitute shoplifting. |
Criminal Law and Procedure |
|
Nov. 20, 2016 | |
|
A145283
|
Tanguilig v. Bloomingdale's Inc.
Bloomingdale's cannot compel arbitration of employee's individual PAGA claim where representative action waiver remains unenforceable under 'Iskanian.' |
Arbitration |
|
Nov. 17, 2016 | |
|
D069614
|
Marriage of Fregoso and Hernandez
Restraining order properly issued despite parties' post-TRO consensual sex, which was part of their six-year repeated cycle of violence, forgiveness, sex, and repeated violence. |
Family Law |
|
Nov. 17, 2016 | |
|
13-56069
|
Retail Digital Network LLC v. Gorsuch
Order |
|
Nov. 17, 2016 | ||
|
S237014
|
Butler (Roy) on H.C.
Order |
|
Nov. 17, 2016 |
