| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B260774
|
People v. Frierson
Inmate convicted of stalking not eligible for resentencing under Three Strikes law as third conviction considered violent, dangerous. |
Criminal Law and Procedure |
|
Aug. 10, 2016 | |
|
A145322
|
People v. Watts
Crime-lab fee imposed under Health and Safety Code Section 11372.5 not subject to penalty assessments that could potentially increase charges by 310 percent. |
Criminal Law and Procedure |
|
Aug. 10, 2016 | |
|
B265690
|
Cruz v. City of Culver City et al.
Public interest exception does not defeat anti-SLAPP motion in case alleging city council's violation of Brown Act open meeting law. |
Anti-SLAPP |
|
Aug. 10, 2016 | |
|
13-73913
|
Daniels v. Merit Systems Protection Board
Merit Systems Protection Board properly denies federal employee's petition for review for lack of jurisdiction where employee's disclosures not protected under Whistleblower Protection Act. |
Administrative Agencies |
|
Aug. 10, 2016 | |
|
13-35528
|
Kobold v. Good Samaritan Regional Medical Center
Labor Management Relations Act did not preempt labor dispute concerning breach of fiduciary duty claim under Oregon state law, warranting reversal of one of three consolidated cases. |
Labor Law |
|
Aug. 10, 2016 | |
|
B259868
|
Weiss v. City of Los Angeles
As 'issuing agency,' City - not ticket processing agency - responsible for initial review of violation under Veh. Code Section 40215(a). |
Statutory Interpretation |
|
Aug. 10, 2016 | |
|
14-10147
|
United States v. Doe
Court must not rule on dispute in fact pattern in sentence reduction pursuant to Federal Rule of Criminal Procedure 35(b) due to application after initial sentencing. |
Criminal Law and Procedure |
|
Aug. 10, 2016 | |
|
B259800
|
Morlin Asset Management LP v. Murachanian
Tenant not required to indemnify landlord following injuries sustained by carpet cleaner hired by tenant because injury falls outside scope of indemnity clause contained in lease. |
Contracts |
|
Aug. 10, 2016 | |
|
13-50561
|
U.S. v. Sanchez-Gomez
Order |
|
Aug. 9, 2016 | ||
|
10-56406
|
Tibble v. Edison International
Order |
|
Aug. 9, 2016 | ||
|
14-16121
|
Bodi v. Shingle Springs Band of Miwok Indians
Indian tribe does not waive sovereign immunity by mere removal of action to federal court; clear and unequivocal waiver is required to relinquish tribal immunity. |
Native American Affairs |
|
Aug. 9, 2016 | |
|
13-56704
|
Fox v. Johnson
Petitioner not entitled to specific performance of plea agreement after she effectively rescinded plea agreement in withdrawing plea. |
Criminal Law and Procedure |
|
Aug. 9, 2016 | |
|
14-16437
|
Davis v. Hollins Law
Collection agency voicemail not violative of Fair Debt Collection Practices Act for failing to inform debtor of intent to collect debt due to extended prior communication. |
Banking |
|
Aug. 9, 2016 | |
|
14-35344
|
Lingo v. City of Salem
Exclusionary rule does not apply in Section 1983 cases. |
Civil Rights |
|
Aug. 9, 2016 | |
|
15-15683
|
Reis-Campos v. Biter
Under AEDPA's 'immensely deferential standard of review' prosecution's concealment of evidence that would bolster self-defense claim mandates affirmance of denial of habeas corpus petition. |
Criminal Law and Procedure |
|
Aug. 9, 2016 | |
|
S219052
|
City of Montebello v. Vasquez
Votes case in councilmembers in city council meeting qualify for protection under anti-SLAPP statute. |
Anti-SLAPP |
|
Aug. 9, 2016 | |
|
B266482
|
People v. Dunn
Defendant ineligible for resentencing of felony petty theft with a prior to a misdemeanor under Proposition 47 due to prior juvenile adjudication requiring sex offender registration. |
Criminal Law and Procedure |
|
Aug. 8, 2016 | |
|
14-30223
|
U.S. v. Pridgette
Government's concession that record did not establish fact supporting defendant's sentence enhancement warrants remand for resentencing on closed record. |
Criminal Law and Procedure |
|
Aug. 8, 2016 | |
|
14-15540
|
Stilwell v. City of Williams
Age Discrimination in Employment Act does not bar Section 1983 First Amendment retaliation claim due to differences regarding who can sue and be sued, liability requirements, and available remedies. |
Employment Discrimination |
|
Aug. 8, 2016 | |
|
D067247
|
Morales v. 22nd District Agricultural Association
Order sustaining demurrer to Labor Code Section 510 claim alleging failure to pay overtime reversed where employees should be permitted to allege employer is 'joint employer.' |
Labor Law |
|
Aug. 8, 2016 | |
|
B264861
|
Ace American Insurance Co. v. Fireman’s Fund Insurance Co.
Lack of excess judgment against insured in underlying case does not bar equitable subrogation cause of action by excess insurer against primary insurer. |
Insurance |
|
Aug. 8, 2016 | |
|
A144823
|
Hayward v. Superior Court (Osuch)
Temporary judge's failure to disclose relationship with attorneys in marital dissolution proceedings results in void and vacated rulings and orders. |
Judges |
|
Aug. 5, 2016 | |
|
12-30177
|
United States v. Bryant
Order |
|
Aug. 5, 2016 | ||
|
13-17131
|
Animal Legal Defense Fund v. FDA
Order |
|
Aug. 5, 2016 | ||
|
H040926
|
People v. Fromuth
'Motivated by' language in online predator statute analogous to 'because of' language in hate crime statute, necessitating proof of 'motivation' as substantial factor in offense. |
Criminal Law and Procedure |
|
Aug. 5, 2016 | |
|
S215914
|
People v. Moran
Probation condition that defendant stay out of all Home Depot stores and their parking lots permissible under state law and does not implicate constitutional right to travel. |
Criminal Law and Procedure |
|
Aug. 5, 2016 | |
|
B258806
|
The Kind and Compassionate v. City of Long Beach
City of Long Beach's complete ban on medical marijuana collective upheld over allegations of disability discrimination filed by disabled medical marijuana patients. |
Disability Discrimination |
|
Aug. 5, 2016 | |
|
12-55307
|
Fue v. Biter
Order |
|
Aug. 5, 2016 | ||
|
14-56440
|
Gingery v. City of Glendale
City's erection of 'Comfort Women' memorial in public park is not preempted by federal government's exclusive foreign affairs power. |
Civil Rights |
|
Aug. 5, 2016 | |
|
14-50440
|
U.S. v. Smith
Members of the Los Angeles Sheriff's Dept. fail to overturn convictions related to their role in interfering with federal investigation of civil rights abuses at county jails. |
Criminal Law and Procedure |
|
Aug. 5, 2016 |