| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A144398
|
In re Alejandro R.
Overbroad electronics search condition modified to media reasonably likely to reveal whether ward is boasting about drug use or otherwise involved with drugs. |
Juveniles |
|
Jan. 4, 2016 | |
|
H040614
|
M’Guinness v. Johnson
Concurrent representation of company and its shareholder in adverse litigation requires law firm's automatic disqualification without regard to subject matter of prior litigation. |
Attorneys |
|
Jan. 4, 2016 | |
|
S206587
|
The Gillette Co. v. Franchise Tax Board
Taxpayers no longer entitled to elect between state statutory formula and Multistate Tax Compact formula of apportioning state income tax following state legislature's 1993 amendment. |
Taxation |
|
Jan. 4, 2016 | |
|
13-16657
|
Cuprite Mine Partners LLC v. Anderson et al.
Summary judgment properly granted in favor of those wishing to end cotenancy in mining claims through partition by sale. |
Civil Procedure |
|
Jan. 4, 2016 | |
|
13-70613
|
Shirrod v. OWCP
Lodestar method of determining attorney's fees in workers' compensation case requires that a nexus exist between the relevant community used and the market rate that is applied. |
Workers' Compensation |
|
Jan. 4, 2016 | |
|
A141694
|
Lanz v. Goldstone
Anti-SLAPP motion properly denied where attorney demonstrates probability of prevailing on malicious prosecution claim against former client's subsequent attorney. |
Civil Procedure |
|
Dec. 31, 2015 | |
|
15-55446
|
Americans for Prosperity Foundation v. Harris
California Attorney General may collect, but not publicly disclose, nonprofit organizations' IRS Form 990 Schedule B forms though they contain information on major donors. |
Constitutional Law |
|
Dec. 31, 2015 | |
|
G048680
|
Garibotti v. Hinkle
Jurisdictional language limiting time frame within which trial court may grant motion for new judgment is mandatory; rulings after said time frame are void. |
Civil Procedure |
|
Dec. 31, 2015 | |
|
C078760
|
People v. Goode
The lapse of a few seconds between opening a storm door and attempting to open a nearby window in order to gain unlawful entry to the same residence was insufficient to make defendant's conduct divisible in time. |
Criminal Law and Procedure |
|
Dec. 31, 2015 | |
|
13-56309
|
DM Residential Fund II LLC v. First Tennessee Bank National Association
Purchaser's two-year delay in pursuing rescission and taking action inconsistent with unwinding purchase results in affirmance of summary judgment in seller's favor. |
Remedies |
|
Dec. 31, 2015 | |
|
13-16548
|
Dorrance v. United States
Life insurance policyholders not entitled to refund on taxes paid from sale of stock acquired through insurance companies' demutualizations. |
Taxation |
|
Dec. 31, 2015 | |
|
12-72126
|
Correo-Ruiz v. Lynch
Brothers who were otherwise inadmissible under 'In re Briones' has another chance at obtaining immigration relief if they can establish legitimate reliance on pre-Briones law. |
Immigration |
|
Dec. 31, 2015 | |
|
12-17371
|
Adobe Systems Inc. v. Christenson
Under burden shifting framework, copyright claim properly dismissed where Adobe Systems cannot produce restrictive licenses after unauthorized software seller meets burden under first sale defense. |
Copyright |
|
Dec. 31, 2015 | |
|
12-16952
|
Styers v. Ryan
Murderer not entitled to habeas relief despite state court's constitutional error because state court's 'finality' determination was not contrary to federal law. |
Criminal Law and Procedure |
|
Dec. 31, 2015 | |
|
C079548
|
K.R. v. Superior Court (People)
Minor has no 'Arbuckle' right to insist on judge who agreed to negotiated disposition to preside over his 'sentencing' after another judge refused to impose proposed disposition. |
Juveniles |
|
Dec. 31, 2015 | |
|
D066831
|
Heckart v. A-1 Self Storage Inc. et al.
'Protection Plan' modifying self-storage rental agreement's allocation of liability for loss or damage is not insurance subject to regulation under the Insurance Code. |
Insurance |
|
Dec. 31, 2015 | |
|
C078609
|
People v. Haywood
Court declines invitation to 'engage in judicial legislation;' affirms rejection of Prop 47 petition arguing that crime outside of those considered by initiative (unlawful taking/driving of vehicle) could merit resentencing. |
Criminal Law and Procedure |
|
Dec. 31, 2015 | |
|
D066289
|
Kemper v. Co. of San Diego
Collateral estoppel bars parent's legal malpractice action when identical issue (causation) has already been litigated and decided in juvenile dependency action. |
Juveniles |
|
Dec. 30, 2015 | |
|
12-56829
|
Castro v. County of Los Angeles
Order |
|
Dec. 30, 2015 | ||
|
14-50528
|
U.S. v. Taylor
Proof of risk of loss to financial institution not required for conviction of making false statements to a bank. |
Criminal Law and Procedure |
|
Dec. 30, 2015 | |
|
13-35866
|
Alaska Wilderness League v. Jewell
Order |
|
Dec. 30, 2015 | ||
|
13-16524
|
Oyama v. University of Hawaii
University's decision to deny prospective public school teacher's application based on his aberrant views regarding student-teacher sexual relations and disabled students does not violate the First Amendment. |
Civil Rights |
|
Dec. 30, 2015 | |
|
09-99018
|
McKinney v. Ryan
Denial of writ of habeas corpus reversed where court commits constitutional error in death sentence by applying state's 'causal nexus' test to nonstatutory mitigation factors. |
Criminal Law and Procedure |
|
Dec. 30, 2015 | |
|
B261625
|
People v. Thompson
Defendant entitled to resentencing of grand theft of access card information conviction as misdemeanor under Proposition 47 where value of taken property less than $950. |
Criminal Law and Procedure |
|
Dec. 29, 2015 | |
|
C073433
|
Moore v. William Jessup University
Primary assumption of risk bars delivery driver's negligence action against shipper that allegedly understated weight of box on shipping label. |
Torts |
|
Dec. 29, 2015 | |
|
09-71415
|
Almanza-Arenas v. Lynch
Petitioner successfully challenges denial of cancellation of removal where vehicle theft under California Vehicle Code Section 10851(a) is not categorical match to crime of moral turpitude. |
Immigration |
|
Dec. 29, 2015 | |
|
14-30056
|
U.S. v. Navarrette-Aguilar
Heroin dealer must be resentenced due to district court's erroneous ruling on jury's quantity finding which, in turn, prejudicially triggered mandatory minimum 20-year sentence. |
Criminal Law and Procedure |
|
Dec. 29, 2015 | |
|
B259665
|
People v. Hicks
Court properly refuses to advise jury during second degree murder trial that defendant had been convicted of lesser related offense in first trial. |
Criminal Law and Procedure |
|
Dec. 28, 2015 | |
|
B260573
|
People v. Estrada
Court properly finds defendant ineligible for resentencing as second-strike offender under Proposition 36 based on preliminary hearing testimony showing defendant used firearm during robbery. |
Criminal Law and Procedure |
|
Dec. 28, 2015 | |
|
E063516
|
People v. Marks
Petitioner may not seek to reclassify prior drug offenses as misdemeanors through petition for resentencing on current felony conviction under Proposition 47. |
Criminal Law and Procedure |
|
Dec. 28, 2015 |