| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
13-35818
|
Pacific Maritime Association v. National Labor Relations Board
Summary judgment in favor of employer association reversed where court errs in asserting jurisdiction under 'Leedom v. Kyne.' |
Labor Law |
|
Jul. 11, 2016 | |
|
D067687
|
Magno et al v. The College Network Inc
Hastily-signed contract with arbitration clause requiring California signatories to participate in proceedings in Indiana ruled unconscionable. |
Contracts |
|
Jul. 11, 2016 | |
|
14-56909
|
Aguayo v. Jewell
Bureau of Indian Affairs lack authority to intervene in tribal membership dispute involving disenrollment of 150 people from the Pala Band of Mission Indians. |
Native American Affairs |
|
Jul. 11, 2016 | |
|
08-50531
|
U.S. v. Christensen
Criminal sleuths escape computer fraud- and unauthorized computer access-related convictions connected to operation of criminal enterprise, Pellicano Investigative Agency. |
Criminal Law and Procedure |
|
Jul. 11, 2016 | |
|
D070253
|
City of Carlsbad v. Scholtz
Interlocutory appeal from administrative proceeding not suitable for appeal. |
Civil Procedure |
|
Jul. 11, 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 |
|
Jul. 11, 2016 | |
|
B268621
|
Gerner v. Superior Court (Department of Consumer Affairs)
Psychiatrist properly invoked psychotherapist-patient privilege in wake of subpoena seeking patient's treatment records, resulting in writ of mandate to vacate order compelling disclosure. |
Evidence |
|
Jul. 11, 2016 | |
|
14-16424
|
Brooks v. Clark County
Court marshal entitled to qualified immunity from lawsuit alleging unconstitutional use of force in 'shoving' disruptive bail agent out of courtroom. |
Civil Rights |
|
Jul. 8, 2016 | |
|
H041521
|
Via View Inc. v. Retzlaff
Denial of motion to quash erroneous because anti-SLAPP motion filed along with motion to quash did not constitute general appearance conferring jurisdiction over Texas resident. |
Civil Procedure |
|
Jul. 8, 2016 | |
|
14-70276
|
Silva-Pereira v. Lynch
Former professional soccer player unsuccessful in obtaining relief from removal due to lack of credibility and involvement in murders. |
Immigration |
|
Jul. 8, 2016 | |
|
S221263
|
In re Isaiah W.
Parent may challenge finding of inapplicability of Indian Child Welfare Act in appeal from subsequent order even though she did not raise challenge in appeal from initial order. |
Native American Affairs |
|
Jul. 8, 2016 | |
|
13-74115
|
Andrade-Garcia v. Lynch
Guatemalan citizen's petition for review of immigration judge's decision affirming negative fear determination in reinstated removal proceedings denied where conclusion supported by substantial evidence. |
Immigration |
|
Jul. 8, 2016 | |
|
14-55014
|
Lone Star Sec. & Video v. City of Los Angeles
Local bans on mobile billboards pass First Amendment scrutiny as relevant measures consider manner of speech, not content. |
Constitutional Law |
|
Jul. 8, 2016 | |
|
15-56434
|
Flores v. Lynch
District court erroneously orders release of accompanying parents pursuant to 1997 Settlement establishing nationwide policy for detained minors. |
Immigration |
|
Jul. 7, 2016 | |
|
14-10448
|
United States v. Phillips
Defendant's challenge to conviction for being felon in possession of firearm based on argument that predicate offense of 'misprision of felony' violates Second Amendment rejected. |
Criminal Law and Procedure |
|
Jul. 7, 2016 | |
|
D069661
|
People v. Field
Strict scrutiny is appropriate level of review in considering disparate treatment of sexually violent predators and those found not guilty by reason of insanity. |
Criminal Law and Procedure |
|
Jul. 7, 2016 | |
|
A134913
|
In re Automobile Antitrust Cases I and II
Evidence tending to show collusive activity by automaker enough for antitrust claim to survive summary judgment. |
Antitrust |
|
Jul. 7, 2016 | |
|
H040508
|
Popescu v. Apple Inc.
Expert fired for resisting Apple Inc.'s illegal anti-competitive behavior may maintain contract and business interference claim against consumer electronics giant. |
Torts |
|
Jul. 6, 2016 | |
|
B261194
|
Chang v. County of Los Angeles
County not required to indemnify deputies that assaulted and battered inmate with actual malice, oppression, or fraud pursuant to invocation of reservation of rights. |
Employment Law |
|
Jul. 6, 2016 | |
|
12-55109
|
Garmon v. County of Los Angeles
Prosecutor not entitled to absolute immunity for misrepresentations in declaration supporting subpoena involving medical records of alibi witness in son's murder trial. |
Civil Rights |
|
Jul. 6, 2016 | |
|
14-10037
|
U.S. v. Nosal
Convictions affirmed where former employee with revoked computer access acts 'without authorization' under Computer Fraud and Abuse Act by conspiring to use login credentials of current employee. |
Criminal Law and Procedure |
|
Jul. 6, 2016 | |
|
A140000
|
Panoche Energy Center v. Pacific Gas & Electric Company
Interpretation of change in law clause 'ripe' for resolution in dispute over cap and trade regulations despite ongoing regulatory interpretation of legislation. |
Contracts |
|
Jul. 6, 2016 | |
|
B261916
|
People v. Trevino
Defendant's first degree burglary conviction of an inhabited RV stands despite absence of terms 'recreational vehicle' or 'house car' in Penal Code Section 460(a). |
Criminal Law and Procedure |
|
Jul. 6, 2016 | |
|
B263377
|
Torjesen v. Mansdorf
Third party claimant's belated motion to vacate voidable order properly denied where order becomes final once time to appeal runs out. |
Civil Procedure |
|
Jul. 6, 2016 | |
|
13-15195
|
Garity v APWU National Labor Organization
Adopting sister court's reasoning, Ninth Circuit finds prima facie ADA and Title VII discrimination case does not require showing of breach of contractual duty. |
Civil Rights |
|
Jul. 6, 2016 | |
|
H041615
|
People v. Soto
Reversal of second degree murder conviction not warranted despite erroneous jury instruction that precluded jury from considering involuntary intoxication pertaining to imperfect self-defense claim. |
Criminal Law and Procedure |
|
Jul. 5, 2016 | |
|
B263511
|
People v. Franklin
Insufficient evidence for gang enhancement allegations under Penal Code § 186.22 merits partial reversal in burglary, false imprisonment case. |
Criminal Law and Procedure |
|
Jul. 5, 2016 | |
|
A143058
|
Bay Area Citizens v. Assn. Bay Area Gov.
Relevant agencies correctly declined to count statewide emissions reductions in developing their regional plan because doing so would be inconsistent with statute. |
Environmental Law |
|
Jul. 5, 2016 | |
|
B266437
|
Elijah C., a Minor
Purported waiver of statute limitations made by uncounseled minor is invalid though made prior to filing of petition against him. |
Juveniles |
|
Jul. 5, 2016 | |
|
G051812
|
People v. Montgomery
'Prior conviction' rendering applicant ineligible for redesignation of felony to misdemeanor under Proposition 47 is conviction that occurs prior to filing of application for redesignation. |
Criminal Law and Procedure |
|
Jul. 5, 2016 |