| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
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 | |
|
14-1513
|
Halo Electronics, Inc. v. Pulse Electronics, Inc.
'Seagate' patent infringement test 'unduly rigid' because it requires threshold showing of objective recklessness, even where defendant acted with clear intent to violate patent law. |
Patent Law |
|
Jun. 13, 2016 | |
|
15-233
|
Commonwealth of Puerto Rico v. Franklin California Tax-Free Trust
Federal law preempts Puerto Rico's own municipal bankruptcy scheme, the Puerto Rico Public Corporation Debt Enforcement and Recovery Act. |
Civil Procedure |
|
Jun. 13, 2016 | |
|
15-420
|
U.S. v. Bryant
ICRA-compliant tribal-court convictions properly used as predicate offenses in federal prosecution for domestic assault by habitual offender under 18 U.S.C. Section 117(a). |
Native American Affairs |
|
Jun. 13, 2016 | |
|
14-55385
|
Whittaker Corp. v. United States
Munitions company's CERCLA recovery action improperly dismissed where expenses it sought to recover were separate from those for which it was found liable in underlying action. |
Environmental Law |
|
Jun. 13, 2016 | |
|
13-30133
|
U.S. v. Davis
USSC plurality decision in 'Freeman' allows for resentencing of Rule 11(c)(1)(C) pleas per 18 U.S.C. Section 3582, where Sentencing Commission subsequently lowered sentencing range. |
Criminal Law and Procedure |
|
Jun. 13, 2016 | |
|
12-10175
|
U.S. v. Beecroft
$107 million forfeiture order entered against defendant for her involvement in mortgage-fraud conspiracy in Las Vegas runs afoul of Excessive Fines Clause. |
Criminal Law and Procedure |
|
Jun. 13, 2016 | |
|
15-50023
|
U.S. v. Murphy
Though evidence was sufficient to preclude acquittal, medical professional nevertheless escapes conviction for presenting false claims to the United States due to prejudicial instructional error. |
Criminal Law and Procedure |
|
Jun. 12, 2016 | |
|
13-55010
|
Goodrum v. Busby
Pro se federal habeas petitioner obtains relief due to Ninth Circuit's critically misleading error regarding filing of 'second or successive' habeas petition. |
Criminal Law and Procedure |
|
Jun. 12, 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. 12, 2016 | |
|
07-99026
|
Runningeagle v. Ryan
Federal habeas petitioner denied relief for failing to show cause for the procedural default of his ineffective assistance of counsel claims under 'Martinez.' |
Criminal Law and Procedure |
|
Jun. 12, 2016 | |
|
H040268
|
Seibert v. City of San Jose
Firefighter's discipline improperly overturned with respect to allegations of inappropriate touching of female coworker, but not as to 'salacious' email exchange with minor allegations. |
Administrative Agencies |
|
Jun. 12, 2016 | |
|
B265157
|
Adoption of K.C.
Uniform Child Custody Jurisdiction and Enforcement Act does not apply to adoptions, foreclosing on natural father's jurisdictional objections against child's adoption by stepfather. |
Family Law |
|
Jun. 12, 2016 | |
|
G052899
|
E.G. a Minor
Penal Code Section 1000 court-ordered treatment constitutes 'prior court-ordered treatment' for purposes of dependency statute allowing juvenile court to bypass reunification services. |
Dependency |
|
Jun. 12, 2016 | |
|
S233845
|
People v. Kozee-Stoltz
In order to convict an aider and abettor of attempted willful, deliberate and premeditated murder under the natural and probable consequences doctrine, must a premeditated attempt to murder have been a natural and probable consequence of the target offense? In other words, should People v. Favor (2012) 54 Cal.4th 868 be reconsidered in light of Alleyne v. United States (2013) ___ U.S. ___ [113 S.Ct. 2151] and People v. Chiu (2014) 59 Cal.4th 155? |
|
Jun. 10, 2016 | ||
|
S234325
|
People v. Ramirez
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. 10, 2016 |