| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
H040789
|
Bay Area Clean Environment Inc. v. Santa Clara County (Lehigh Southwest Cement Co.)
Challenge to county's approval of reclamation plan amendment relating to surface mining operation unavailing, as county complied with applicable environmental laws. |
Environmental Law |
|
Sep. 1, 2016 | |
|
B270094
|
Vishva Dev M.D. Inc. v. Blue Shield of California Life & Health Insurance Co.
Doctor's quantum meruit claims time-barred where insurers issued letters unequivocally denying doctor's bills more than two years prior to filing of lawsuit. |
Contracts |
|
Sep. 1, 2016 | |
|
B264450
|
People v. Ochoa
Attempted extortion conviction overturned where there was no evidence that shooter intended to extort anything from his victim; attempted murder conviction otherwise upheld. |
Criminal Law and Procedure |
|
Sep. 1, 2016 | |
|
A145573
|
Coastal Hills Rural Preservation v. County of Sonoma (Petranker)
Existing tents built as part of printing facilities approved with a mitigated negative declaration not "new projects" under CEQA. |
Environmental Law |
|
Sep. 1, 2016 | |
|
A147570
|
California PUC v. Superior Court (Aguirre)
Superior court lacks jurisdiction over lawsuit seeking documents from CPUC under Public Records Act, resulting in sustained demurrer in CPUC's favor. |
Utilities |
|
Sep. 1, 2016 | |
|
14-50506
|
U.S. v. Alvarez
Defendant properly ordered to pay restitution as condition of supervised release for damages to rental car even though plea agreement made no mention of restitution. |
Criminal Law and Procedure |
|
Sep. 1, 2016 | |
|
14-16139
|
L.J. v. Pittsburg Unified School District
Student and mother win reversal of judgment in school district's favor where student eligible for special education services under Individual with Disabilities Education Act. |
Education |
|
Sep. 1, 2016 | |
|
14-16070
|
United States v. Samaniego
Claimants have standing to challenge federal government's forfeiture of two bank accounts suspected of being used in illicit drug money laundering scheme. |
Constitutional Law |
|
Sep. 1, 2016 | |
|
14-15916
|
In re: TFT-LCD (Flat Panel) Antitrust Litigation
Email evidence of agreement to arbitration settlement appropriate due to federal privilege as settlement in question addressed both state and federal claims. |
Arbitration |
|
Sep. 1, 2016 | |
|
13-35856
|
C.R. v. Eugene School District 4J
School District properly disciplined seventh-grader for sexually harassing younger students verbally even though harassing conduct occurred off-campus. |
Civil Rights |
|
Sep. 1, 2016 | |
|
12-74163
|
Singh v. Lynch
Board of Immigration Appeals partial remand still a final order of removal. |
Immigration |
|
Sep. 1, 2016 | |
|
B264619
|
Royal Alliance Associates Inc. v. Liebhaber
FINRA arbitration panel's expungement award properly vacated where claimant was denied opportunity to present any evidence against broker's request for expungement. |
Arbitration |
|
Aug. 31, 2016 | |
|
G053597
|
J.F. v. Superior Court (Orange County Social Services Agency)
Mother's reunification services erroneously terminated where, though mother initially only minimally complied with her case plan, she regularly participated and showed significant progress thereafter. |
Dependency |
|
Aug. 31, 2016 | |
|
A146277
|
In re C.B.
Penal Code Section 299 prohibits judge from relieving minor defendant of DNA submission mandate after change of offense categorization from felony to misdemeanor. |
Juveniles |
|
Aug. 31, 2016 | |
|
A146120
|
In re C.H.
Redesignation of a felony as a misdemeanor under Prop. 47 does not require expungement of an offenders's DNA and profile from the state database. |
Juveniles |
|
Aug. 31, 2016 | |
|
B263965
|
People ex rel. Feuer v. FXS Management Inc.
Medical marijuana business unsuccessful in challenging injunction, where 'collective' falls under definition of 'business' and is thus subject to regulation under city ordinance. |
Municipal Law |
|
Aug. 31, 2016 | |
|
15-35615
|
Torres v. Mercer Canyons Inc.
Domestic farm workers may maintain class action against employer alleging violations of the Agricultural Workers' Protection Act and Washington law concerning federal H-2A jobs. |
Labor Law |
|
Aug. 31, 2016 | |
|
14-55221
|
SEC v. Jensen
SEC wins jury trial on remand due to erroneous decision to hold bench trial, and reversal due to misinterpretation of securities laws. |
Securities |
|
Aug. 31, 2016 | |
|
14-15700
|
Wilson v. Lynch
Federal ban on sale of firearms to holders of state-issued medical marijuana cards passes intermediate scrutiny test, creating only 'incidental' and 'minimal' burden. |
Constitutional Law |
|
Aug. 31, 2016 | |
|
13-70579
|
Perez-Guzman v. Lynch
Though federal statutes on asylum availability conflict, district court properly applied 'Chevon' deference to rule interpreting statutes to forbid asylum for aliens with reinstatement removal proceedings. |
Immigration |
|
Aug. 31, 2016 | |
|
15-30209
|
United States v. Aguilar-Canche
Trial court lacks discretion to alter defendant's sentence in accordance with amendment to sentencing guidelines as sentence was based on statutory minimums. |
Criminal Law and Procedure |
|
Aug. 30, 2016 | |
|
F070068
|
People v. Spiller
'Super strikes' that render inmates statutorily ineligible for resentencing under Three Strikes Reform Act must occur prior to conviction resulting in third strike sentence. |
Criminal Law and Procedure |
|
Aug. 30, 2016 | |
|
B261165
|
Castro-Ramirez v. Dependable Highway Express Inc.
Driver may maintain associational disability discrimination claim against former employer even though he had abandoned his reasonable accommodations claim. |
Disability Discrimination |
|
Aug. 30, 2016 | |
|
15-1424
|
In re GACN, Inc.
Litigation stemming from dispute regarding insurance contract does not constitute "core bankruptcy proceeding" for jurisdictional purposes. |
Bankruptcy |
|
Aug. 30, 2016 | |
|
14-56946
|
Rademaker v. Paramo
Erroneous jury instruction regarding asportation does not merit habeas relief as state appellate court reasonably deemed error harmless. |
Prisoners Rights |
|
Aug. 30, 2016 | |
|
14-16161
|
Ibrahim v. U.S. Dept. of Homeland Security
District court erroneously disallows fee relating to discrete litigation positions taken by government in action challenging doctor's inclusion in government terrorist databases. |
Remedies |
|
Aug. 30, 2016 | |
|
12-74062
|
Bhattarai v Lynch
Immigration judge improperly finds adverse credibility determination without providing asylum applicant opportunity to address testimonial inconsistencies. |
Immigration |
|
Aug. 30, 2016 | |
|
12-15788
|
Alvarez v. Tracy
Notwithstanding general principles of tribal sovereignty, Indian defendant entitled to habeas relief where he should have been advised that his right to a jury trial was waived when he did not expressly request one. |
Native American Affairs |
|
Aug. 30, 2016 | |
|
09-72122
|
Morales de Soto v. Lynch
Petition for review of ICE's decision to reinstate prior expedited removal order denied where intervening agency memoranda that do not change law do not require remand. |
Immigration |
|
Aug. 30, 2016 | |
|
A142201
|
Schellinger Brothers v. Cotter
Monetary judgment in favor of property developers affirmed where seller wrecks project by building trench on property in wetlands area. |
Contracts |
|
Aug. 29, 2016 |
