Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
H041700
|
People v. Hartley
Passenger who refused to pay cab driver after the latter missed a turn lacks requisite fraudulent intent to support petty theft by false pretenses conviction. |
Criminal Law and Procedure |
|
Jun. 27, 2016 | |
B268786
|
People v. Superior Court (Albert Sokolich)
Negligence does not constitute failure to act in good faith in petition to commit man as sexually violent predator. |
Criminal Law and Procedure |
|
Jun. 26, 2016 | |
A145749
|
Conservatorship of Jesse G.
Conservatorship over man who was strongly aware of his mental health issues overturned where friend's commitment could help him survive safely without involuntary detention. |
Conservatorship |
|
Jun. 26, 2016 | |
A143417
|
Stewart Enterprises Inc. v. City of Oakland
Grant of claim petitioning for writ of administrative mandamus affirmed in favor of plaintiffs seeking to build crematorium in East Oakland. |
Municipal Law |
|
Jun. 26, 2016 | |
B259808
|
Gopal v. Kaiser Foundation etc. Plan
Health plan and service provider are not liable for one another's acts and omissions under enterprise theory of liability. |
Torts |
|
Jun. 26, 2016 | |
D068384
|
People v. Johnson
Petitioning defendant, not prosecution, has initial burden of establishing eligibility for resentencing under Proposition 47. |
Criminal Law and Procedure |
|
Jun. 26, 2016 | |
B261860
|
Rice v. Downs
Trial court errs in compelling parties to arbitrate certain tort claims that did not arise from the parties' operation agreement. |
Torts |
|
Jun. 26, 2016 | |
H041795
|
Harris v. Stampolis
Restraining order properly issued against father for his aggressiveness toward middle school principal as witnessed by others and which caused her anxiety. |
Civil Procedure |
|
Jun. 26, 2016 | |
D068384
|
People v. Johnson
Petitioning defendant, not prosecution, has initial burden of establishing eligibility for resentencing under Proposition 47. |
Criminal Law and Procedure |
|
Jun. 26, 2016 | |
H041133
|
City of Santa Maria v. Adam
Court appropriately quiets title of overlying right to groundwater without quantifying prescriptive loss because of lack of water shortage. |
Water Rights |
|
Jun. 26, 2016 | |
B263622
|
People v. Progressive Horizon Inc.
Medical marijuana business unsuccessful in challenging denial of motion to dissolve injunction barring it from operating in Los Angeles. |
Municipal Law |
|
Jun. 26, 2016 | |
S234590
|
People v. Herrin
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)? |
|
Jun. 23, 2016 | ||
S234515
|
People v. Lauer
Order |
|
Jun. 23, 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 |
|
Jun. 23, 2016 | |
H041918
|
People v. Ochoa
Middleman in drug ring who supplied methamphetamine to Nuestra Familia criminal street gang obtains reversal of second conspiracy conviction under Penal Code 654 and 'Kellett.' |
Criminal Law and Procedure |
|
Jun. 23, 2016 | |
16-70568
|
Orona v. United States
Court grants petitioner's application for authorization to file a second or successive Section 2255 motion and clarifies rule regarding tolling of statute of limitations. |
Criminal Law and Procedure |
|
Jun. 23, 2016 | |
B265641
|
Scott v. Yoho
California Code of Civil Procedure requirement for 30-day rescission period for medical arbitration contracts preempted by Federal Arbitration Act. |
Contracts |
|
Jun. 23, 2016 | |
B262504
|
Harris v. TAP Worldwide LLC
Employer wins reversal of denial of motion to compel arbitration where arbitration agreement, attached as appendix to employer handbook, is enforceable and not illusory. |
Contracts |
|
Jun. 23, 2016 | |
B269038
|
State Compensation Insurance Fund v. Workers’ Compensation Appeals Board
Labor Code Section 4610.6(d)'s 30-day time limit is directory; hence, untimely independent medical review remains valid and binding upon parties as director's final determination. |
Workers' Compensation |
|
Jun. 23, 2016 | |
14-981
|
Fisher v. University of Texas at Austin
University's race-conscious undergraduate admission plan upheld as lawful under Equal Protection Clause. |
Constitutional Law |
|
Jun. 23, 2016 | |
14-1468
|
Birchfield v. North Dakota
Fourth Amendment permits warrantless breath tests incident to arrests for drunk driving, but not warrantless blood tests. |
Criminal Law and Procedure |
|
Jun. 23, 2016 | |
15-6092
|
Mathis v. U.S.
Mismatch of elements between Iowa burglary statute and generic federal offense saves felon from Armed Career Criminal Act's 15-year mandatory minimum sentence. |
Criminal Law and Procedure |
|
Jun. 23, 2016 | |
13-1496
|
Dollar General Corp. v. Mississippi Band of Choctaw Indians
Whether Indian tribal courts have jurisdiction to adjudicate civil tort claims against nonmembers, including as a means of regulating the conduct of nonmembers who enter into consensual relationships with a tribe or its members? |
|
Jun. 23, 2016 | ||
15-674
|
United States v. Texas
Order |
|
Jun. 23, 2016 | ||
15-30016
|
U.S. v. Grovo
Convictions affirmed where defendants contentions challenging convictions for participating in child exploitation enterprise and conspiracy to advertise child pornography unavailing. |
Criminal Law and Procedure |
|
Jun. 23, 2016 | |
14-71504
|
MK Hillside Partners v. Commissioner of Internal Revenue
Tax Court has jurisdiction to reject partner's assertion of the statute of limitations involving petition challenging IRS's finding partnership a 'sham.' |
Taxation |
|
Jun. 23, 2016 | |
S218176
|
Ramos v. Brenntag Specialties Inc.
Trial court errs in sustaining demurrer based on 'Maxton v. Western States Metals' interpretation of the component parts doctrine. |
Civil Procedure |
|
Jun. 23, 2016 | |
S045423
|
People v. Sanchez
In automatic appeal, murderer cannot escape death verdict despite reversal of one of 26 robbery convictions given commitment of numerous other crimes, including two murders. |
Criminal Law and Procedure |
|
Jun. 23, 2016 | |
S233983
|
Hernandez v. Muller (Restoration Hardware)
Must an unnamed class member intervene in the litigation in order to have standing to appeal? (See Eggert v. Pac. States S. & L. Co. (1942) 20 Cal.2d 199.) |
|
Jun. 23, 2016 | ||
S234604
|
Cushfield Maintenance West v. Superior Court (Hall)
(1) Is the plaintiff in a representative action under the Labor Code Private Attorneys General Act of 2004 (Lab. Code, Section 2698 et seq.) entitled to discovery of the names and contact information of other "aggrieved employees" at the beginning of the proceeding or is the plaintiff first required to show good cause in order to have access to such information? |
|
Jun. 23, 2016 |