| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C072585
|
Crossroads Investors L.P. v. Federal National Mortgage Association
Fannie Mae unsuccessful in attempt to dodge property owner's wrongful foreclosure claims via anti-SLAPP motion. |
Real Property |
|
Apr. 15, 2016 | |
|
D067756
|
Carne v. Worthington
Express conveyance to new trust of property held in prior trust is sufficient for transfer to be effective, though not accompanied by formal deed. |
Probate and Trusts |
|
Apr. 15, 2016 | |
|
14-56622
|
Scheer v. State Bar of California (In re Scheer)
Though unsettling, attorney's debt to her client for improperly collected fees are dischargeable in bankruptcy. |
Bankruptcy |
|
Apr. 15, 2016 | |
|
14-55651
|
Mendoza v. RCALA
Summary judgment proper where ADA plaintiff does not raise triable issue as to whether proffered reason for adverse employment action was pretextual; 'EEOC v. Abercrombie' does not alter ADA analysis. |
Disability Discrimination |
|
Apr. 15, 2016 | |
|
13-56484
|
Consumer Financial Protection Bureau v. Chance Gordon
Enforcement action against California attorney largely upheld despite President's improper recess appointment of Director of Consumer Financial Protection Bureau. |
Consumer Law |
|
Apr. 15, 2016 | |
|
13-56385
|
Turner v. McEwen
Habeas petition correctly denied where defendant claims to have been substantially prejudiced by head shaking of trial spectator during victim's testimony. |
Criminal Law and Procedure |
|
Apr. 15, 2016 | |
|
S232289
|
Renwick v. Sutter Medical Foundation
Does "neglect" within the meaning of the Elder Abuse and Dependent Adult Civil Protection Act (Welf. & Inst. Code, Section 15657) include a health care provider's failure to refer an elder patient to a specialist if the care took place on an outpatient basis, or must an action for neglect under the Act allege that the defendant health care provider had a custodial relationship with the elder patient? |
|
Apr. 15, 2016 | ||
|
S232439
|
People v. Superior Court (Rangel)
Can excess custody credits be used to reduce or eliminate the one-year parole period required by Penal Code Section 1170.18, subdivision (d), upon resentencing under Proposition 47? |
|
Apr. 15, 2016 | ||
|
S232951
|
People v. States
Does Proposition 47 ("the Safe Neighborhoods and Schools Act") apply to the offense of unlawful taking or driving a vehicle (Veh. Code, Section 10851), because it is a lesser included offense of Penal Code Section 487, subdivision (d), and that offense is eligible for resentencing to a misdemeanor under Penal Code Sections 490.2 and 1170.18? |
|
Apr. 15, 2016 | ||
|
S232314
|
Higgins v. Superior Court (People)
Order |
|
Apr. 15, 2016 | ||
|
S232347
|
Melgar v. Deutsche Bank National Trust Company
Order |
|
Apr. 15, 2016 | ||
|
S232348
|
Melgar v. Deutsche Bank National Trust Company
Order |
|
Apr. 15, 2016 | ||
|
S232659
|
Pryor v. Superior Court (People)
Order |
|
Apr. 15, 2016 | ||
|
S232919
|
People v. Ming
Can excess custody credits be used to reduce or eliminate the one-year parole period required by Penal Code section 1170.18, subdivision (d), upon resentencing under Proposition 47? |
|
Apr. 15, 2016 | ||
|
A143381
|
Karpinski v. Smitty’s Bar Inc.
Settlement agreement properly enforced where, contrary to defendant's argument, plaintiff's payment of lien obligations was not condition precedent to timely payment settlement proceeds. |
Torts |
|
Apr. 14, 2016 | |
|
B262310
|
Blois Construction Inc. v. FCI/Fluor/Parsons
Subcontractor not entitled to late payment penalties under prompt payment statutes for past retention payments withheld by project owner. |
Contracts |
|
Apr. 14, 2016 | |
|
15-1119
|
Emmert v. Taggart (In re Taggart)
Bankruptcy court erroneously sanctions party for willfully violating discharge injunction by improperly imputing actual knowledge of the discharge injunction. |
Bankruptcy |
|
Apr. 14, 2016 | |
|
15-50289
|
U.S. v. Bernardo
Transporting illegal alien within dashboard meets standard for sentencing enhancement applied to offenses that involve creation of substantial risk of death or bodily injury. |
Criminal Law and Procedure |
|
Apr. 14, 2016 | |
|
10-56406
|
Tibble v. Edison International
Retirement plan beneficiaries that successfully revived ERISA claim from statute of limitations ruling nevertheless lose on remand due to forfeited ongoing-duty-to-monitor claim. |
Civil Procedure |
|
Apr. 14, 2016 | |
|
S232811
|
People v. Johnson
Chaney and Valencia present the following issue: Does the definition of "unreasonable risk of danger to public safety" (Pen. Code, Section 1170.18, subd. (c)) under Proposition 47 ("the Safe Neighborhoods and Schools Act") apply retroactively to resentencing under the Three Strikes Reform Act of 2012 (Pen. Code, Section 1170.126)? |
|
Apr. 14, 2016 | ||
|
15-1141
|
Arnot v. Enderson (In re Endersen)
Lenders entitled to settlement proceeds awarded to debtors in construction defect claims litigated years after 'no asset' closure of chapter 7 bankruptcy case. |
Bankruptcy |
|
Apr. 13, 2016 | |
|
14-50384
|
U.S. v. Argueta-Rosales
Application of incorrect legal standard that fails to require proof of specific intent results in vacated conviction for attempted illegal reentry and remand. |
Criminal Law and Procedure |
|
Apr. 13, 2016 | |
|
14-50315
|
U.S. v. Rosales-Aguilar
Defendant's prior inconsistent statements elicited via cross-examination of a defense psychiatrist properly admitted as impeachment evidence. |
Criminal Law and Procedure |
|
Apr. 13, 2016 | |
|
14-30208
|
U.S. v. Parnell
Defendant's conviction under Massachusetts armed robbery statute does not qualify as violent felony under Armed Career Criminal Act, resulting in vacated sentence and remand. |
Criminal Law and Procedure |
|
Apr. 13, 2016 | |
|
13-16816
|
Chen v. Allstate Insurance Co.
Offer of judgment to settle would-be class representative's individual claims for alleged Telephone Consumer Protection Act violations does not render entire putative class action moot. |
Consumer Law |
|
Apr. 13, 2016 | |
|
F071088
|
Villery v. Dept. of Corrections and Rehabilitation
Inmate's mandamus petition improperly dismissed where, contrary to trial court's determination,' habeas corpus relief was not more appropriate to remedy grievances. |
Remedies |
|
Apr. 12, 2016 | |
|
14-10370
|
U.S. v. Pete
Indigent defendant entitled to vacation of, and additional resentencing on, 708 months sentence in order to allow for appointment of neuropsychological expert. |
Criminal Law and Procedure |
|
Apr. 12, 2016 | |
|
13-56264
|
Mission Hospital Regional Medical Center v. Burwell
Hospitals have no power to alter legal obligations with Medicare under their provider agreements by attempting to circumvent continuity of obligations through assets-only purchase. |
Health Care |
|
Apr. 12, 2016 | |
|
13-17131
|
Animal Legal Defense Fund v. FDA
Adequate factual basis and absence of clear error compels affirmance of summary judgment in favor of FDA regarding its withholding of information under FOIA. |
Administrative Agencies |
|
Apr. 12, 2016 | |
|
C072500
|
Certain Underwriters at Lloyds London v. Arch Specialty Insurance Co.
Co-insurer is entitled to equitable contribution for defense costs from co-insurer where the latter's 'other insurance' clause amounted to 'escape' clause disfavored by public policy. |
Insurance |
|
Apr. 12, 2016 |