Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
15-1204
|
Jennings v. Rodriguez
Order |
|
Jun. 20, 2016 | ||
15-1251
|
National Labor Relations Board v. SW General, Inc. dba Southwest Ambulance
Order |
|
Jun. 20, 2016 | ||
D068538
|
569 East County Boulevard LLC v. Backcountry Against the Dump Inc.
Sufficient evidence supported court's decision to reduce attorney fees award to prevailing party in anti-SLAPP motion. |
Civil Procedure |
|
Jun. 19, 2016 | |
A145528
|
Innes v. Diablo Controls Inc.
Shareholders of California corporation seeking inspection of corporation's records unsuccessful in writ petition where corporation need only make records available at Illinois office. |
Corporations |
|
Jun. 19, 2016 | |
C074801
|
Vasilenko v. Grace Family Church
Location of church's overflow lot, not location of injury, is dispositive in determining whether church may be held liable in tort for churchgoer's injuries. |
Torts |
|
Jun. 19, 2016 | |
13-56152
|
Rouser v. White
Where district court does not consider purpose and entire record of compliance with consent decree, termination must be vacated. |
Civil Procedure |
|
Jun. 19, 2016 | |
H041927
|
People v. Garrett
Defendant eligible for resentencing on commercial burglary conviction under Proposition 47 because use of stolen credit card to purchase $50 gift cards is misdemeanor shoplifting. |
Criminal Law and Procedure |
|
Jun. 16, 2016 | |
14-916
|
Kingdomware Technologies Inc. v. United States
Dept. of Veterans Affairs must apply 'Rule of Two' when awarding contracts even when Department will otherwise meet its annual minimum contracting goals. |
Government |
|
Jun. 16, 2016 | |
15-7
|
Universal Health Services Inc. v. United States (Escobar)
In False Claims Act suit, liability known as 'implied false certification' results in reversal and remand where Court clarifies circumstances in which Act imposes liability. |
Government |
|
Jun. 16, 2016 | |
15-375
|
Kirtsaeng v. John Wiley & Sons Inc.
In awarding fees under Copyright Act Section 505, substantial weight should be given to objective reasonableness of losing party's position in addition to all other circumstances. |
Intellectual Property |
|
Jun. 16, 2016 | |
E063931
|
People v. Endsley
Burden is on trial court to request and obtain medical recommendation of committed defendant seeking to be deemed sane and suitable for conditional release. |
Statutory Interpretation |
|
Jun. 16, 2016 | |
S228030
|
People v. Morales
Upon resentencing under Prop. 47, excess credit for time served may not be used to reduce or eliminate one-year period required by Penal Code Section 1170.18(d). |
Criminal Law and Procedure |
|
Jun. 16, 2016 | |
S216444
|
People v. Hubbard
Penal Code Section 424 applies only to public officers 'charged with the receipt, safekeeping, transfer, or disbursement of public moneys,' rather than all public officers. |
Criminal Law and Procedure |
|
Jun. 16, 2016 | |
13-15442
|
Bennett v. Bank Melli
Foreign Sovereign Immunities Act and Terrorism Risk Insurance Act allow judgment creditors to pursue Iran's national bank to collect on unsatisfied judgment for state-sponsored terrorist attacks. |
Remedies |
|
Jun. 15, 2016 | |
15-1380
|
Desert Pine Villas Homeowners Association v. Kabiling (In re Kabiling)
Homeowners Association properly found in contempt of discharge injunction where subsequent quiet title action included allegations regarding debtors' prepetition debts. |
Bankruptcy |
|
Jun. 15, 2016 | |
13-56624
|
Tillman v. Rheingold, Valet, Rheingold, Shkolnik and McCartney
Dismissal of legal malpractice case reversed where plaintiff should have been allowed to proceed in federal court after arbitrator terminated proceedings due to plaintiff's inability to pay. |
Contracts |
|
Jun. 15, 2016 | |
B263341
|
People v. Maynarich
Counterfeit 'currency' falls within ambit of Penal Code Section 473, making felony offense for possessing three counterfeit $50 bills eligible for resentencing relief under Proposition 47. |
Criminal Law and Procedure |
|
Jun. 15, 2016 | |
D069442
|
Spring Valley Lake Association v. City of Victorville (Wal-Mart Stores Inc.)
Association wins partial victory in challenge to City of Victorville's approval of commercial retail project due in part to city's failure to make required findings. |
Government |
|
Jun. 15, 2016 | |
C076664
|
Z.F., a Minor
Where juvenile court is terminating probate guardianship in a dependency proceeding, 'best interests of child' finding need only be made by preponderance of the evidence. |
Dependency |
|
Jun. 15, 2016 | |
15-1238
|
Greif & Co. v. Shapiro (In re Western Funding Inc.)
Post-chapter 11 confirmation settlements negotiated by liquidating trustees are not subject to same 'fair and equitable' standard as settlements negotiated by bankruptcy trustees. |
Bankruptcy |
|
Jun. 14, 2016 | |
15-1279
|
In re Boates
Summary judgment in favor of debtor's lawyer vacated where retainer agreement between lawyer and debtor qualifies as executory and is thus subject to rejection by trustee. |
Bankruptcy |
|
Jun. 14, 2016 | |
B270686
|
Alex R. v. Superior Court (Mirian R.)
Family court erroneously requires minor to give noncustodial parent notice of his application for appointment of guardian ad litem before appointing a guardian ad litem. |
Family Law |
|
Jun. 14, 2016 | |
C075671
|
Yolo County Dept. of Child Support Servs. v. Myers
Default affirmed despite claim that appellant never received notice of complaint due to residency confusion. |
Civil Procedure |
|
Jun. 14, 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. 14, 2016 | |
A145648
|
In re K.L.
Order denying Welfare and Institutions Code Section 388 petition affirmed where mother fails to make prima facie showing proposed placement changes in children's best interests. |
Dependency |
|
Jun. 14, 2016 | |
14-56155
|
Hyan v. Hummer
Order granting motion to strike claims under California's anti-SLAPP statute does not constitute 'final decision' over which federal district court could exercise jurisdiction. |
Civil Procedure |
|
Jun. 14, 2016 | |
14-10233
|
U.S. v. Christie
Convictions for violating Controlled Substances Act affirmed where court rejects defense brought by ministers of Hawaii Cannabis Ministry under Religious Freedom and Restoration Act. |
Criminal Law and Procedure |
|
Jun. 14, 2016 | |
13-72682
|
Bringas-Rodriguez v. Lynch
Order |
Immigration |
|
Jun. 14, 2016 | |
E063630
|
People v. Brown
Notwithstanding slight ambiguity on jury form, intent of jury to convict was clear and warrants affirmance in resisting arrest matter. |
Criminal Law and Procedure |
|
Jun. 13, 2016 | |
E062656
|
People v. Dunley
On rehearing, appellate court reiterates that strict scrutiny applies to equal protection challenges to civil commitment statutes because they affect an individual's fundamental liberty interest. |
Criminal Law and Procedure |
|
Jun. 13, 2016 |