| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S227995
|
California Insurance Guarantee Assoc. v. W.C.A.B. (Care West and Risk Management)
Order |
|
Oct. 2, 2015 | ||
|
S228263
|
People v. Johnson
Order |
|
Oct. 2, 2015 | ||
|
S218247
|
Lancaster (Marcus) on H.C.
Order |
|
Oct. 2, 2015 | ||
|
A139388
|
Shiffer v. CBS Corp.
Worker's mere presence in room where asbestos-containing products were being installed was insufficient to hold products manufacturer liable for his developing mesothelioma. |
Torts |
|
Oct. 2, 2015 | |
|
B258031
|
Negron v. Los Angeles County Civ. Serv. Comm.
'Negron' does not preclude Sheriff's Department from disciplining member for violating state laws while said member was on relieved-of-duty status. |
Employment Law |
|
Oct. 1, 2015 | |
|
C071090
|
Danser v. CalPERS
Superior court judge convicted of felony is unsuccessful in challenging denial of his retirement benefits forfeited under Government Code Section 75526. |
Judges |
|
Oct. 1, 2015 | |
|
G050210
|
People v. Toussain
Classification as a high risk sex offender remains controlling and requires parole supervision even where the individual reoffends and is released from prison after a new offense. |
Criminal Law and Procedure |
|
Oct. 1, 2015 | |
|
G050448
|
In re Marriage of Walker
Proceeds from sale of community property home should be distributed equally; spouse not entitled to greater share because of her chapter 7 bankruptcy discharge. |
Bankruptcy |
|
Oct. 1, 2015 | |
|
A143355
|
In re Malik J.
Electronic search clauses in juvenile probation orders are unconstitutionally overbroad where they impinge on constitutional rights of the offender and third parties. |
Juveniles |
|
Oct. 1, 2015 | |
|
14-16601
|
O'Bannon v. NCAA
NCAA may permit schools to provide up to the cost of attendance to student-athletes but is not required to allow $5,000 yearly payment. |
Antitrust |
|
Oct. 1, 2015 | |
|
D067729
|
In re Liam L.
Noncustodial parent's failure to file Section 388 petition is harmless and evidence supports finding that placement with him would not be detrimental to minors. |
Juveniles |
|
Oct. 1, 2015 | |
|
F068719
|
People v. Martinez
Where sentence is imposed but suspended as part of probation, trial court may not alter sentence when probation is revoked. |
Criminal Law and Procedure |
|
Oct. 1, 2015 | |
|
A144684
|
In re R.G.
Juvenile court errs in denying nonminor dependent extended foster care support payments based on misunderstanding of relevant statute. |
Juveniles |
|
Oct. 1, 2015 | |
|
A140488
|
Marquez v. Dept. of Health Care Services
Notice and hearing not required whenever state agencies changes a Medi-Cal beneficiary's 'other health coverage' code. |
Health Care |
|
Oct. 1, 2015 | |
|
C077467
|
Conservatorship of Christopher B.
'Murphy conservatorship' cannot be imposed when there is insufficient evidence of a pending indictment in underlying criminal proceedings. |
Criminal Law and Procedure |
|
Sep. 30, 2015 | |
|
A143215
|
In re Erica R.
Condition of probation is valid unless it: [1] does not have a relationship to crime, [2] relates to conduct which is not criminal, and [3] requires or forbids conduct not reasonably related to future criminality |
Juveniles |
|
Sep. 30, 2015 | |
|
B243376
|
People v. Leeds
Murder conviction is reversed and remanded for new sanity trial where court erroneously instructs jury on self-defense by applying objective rather than subjective standard. |
Criminal Law and Procedure |
|
Sep. 30, 2015 | |
|
A140279
|
People v. Douglas
Detention justified based on officer's objectively reasonable conclusion that defendant was on post-risk community supervision probation and therefore subject to detention and search. |
Criminal Law and Procedure |
|
Sep. 30, 2015 | |
|
13-56012
|
Hinojosa v. Davey
The 2010 amendment of California Penal Code Section 2933.6 violates the Ex Post Facto Clause as applied to prisoners who committed their underlying criminal offense prior to the amendment's enactment. |
Criminal Law and Procedure |
|
Sep. 30, 2015 | |
|
12-70724
|
Zumel v. Lynch
Board of Immigration Appeals is vacated when it does not apply clear error standard of review to immigration judge's factual finding. |
Immigration |
|
Sep. 30, 2015 | |
|
A140146
|
People v. Romeo
Advance knowledge of probation search conditions must be possessed by officers before they effect a warrantless search of probationers' residence. |
Criminal Law and Procedure |
|
Sep. 30, 2015 | |
|
C075414
|
People v. Scarbrough
California Penal Code Section 1170.18 does not grant trial court concurrent jurisdiction to resentence defendant while appeal is pending. |
Criminal Law and Procedure |
|
Sep. 30, 2015 | |
|
H038220
|
People v. Ortega
Forcible sexual penetration conviction reversed where defendant prejudiced by failure to instruct on lesser included offense of sexual battery. |
Criminal Law and Procedure |
|
Sep. 30, 2015 | |
|
D067634
|
In re Emma B.
In a dependency hearing to determine presumed parentage, when court identifies presumed father based on marital status and conduct, issue of biology is not relevant; presumed father is not entitled to a genetic test. |
Dependency |
|
Sep. 30, 2015 | |
|
A141010
|
Vita Planning & Landscape v. HKS Architects
The protections provided to California subcontractors under Code of Civil Procedure Section 410.42, are enforceable against architects and design firms in their capacities as contractors on projects in California. |
Contracts |
|
Sep. 29, 2015 | |
|
B255445
|
Myers v. St. Bd. of Equal. (California Physicians' Service, et al.)
Taxpayer sufficiently alleges Blue Shield of California and Blue Cross of California are 'insurers' subject to gross premium taxes under California constitution. |
Taxation |
|
Sep. 29, 2015 | |
|
11-50273
|
U.S. v. Fowlkes
The 4th Amendment rights of an arrestee are violated when officers forcibly remove an unidentified item of unknown size from the detainee's rectum without medical training or a warrant. |
Criminal Law and Procedure |
|
Sep. 29, 2015 | |
|
12-72099
|
Pena v. Lynch
Court lacks jurisdiction to review petitioner's challenge to expedited removal proceedings in view of jurisdiction-stripping provisions of 8 U.S.C. Section 1252(a)(2)(A). |
Immigration |
|
Sep. 29, 2015 | |
|
13-55184
|
Sakkab v. Luxottica Retail N. Am.
FAA does not preempt Cal. law holding pre-dispute agreements waiving PAGA claims unenforceable because law is generally applicable, preserved under the FAA's savings clause, and does not conflict with the FAA's purpose. |
Employment Law |
|
Sep. 29, 2015 | |
|
13-56045
|
In the Matter of: Tower Park Props.
Trust beneficiary is not 'party of interest' under bankruptcy code and therefore lacks standing to object to settlement between debtor, trust's entities and trustees. |
Bankruptcy |
|
Sep. 29, 2015 |