| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
E059820
|
People v. Cardenas
Burglary count should be stayed where multiple victim exception does not apply because crimes of violence were against one victim. |
Criminal Law and Procedure |
|
Aug. 7, 2015 | |
|
G050202
|
Coldren v. Hart, King and Coldren
Departing lawyer lacks standing and no conflict of interest exists when outside firm represents both firm and attorney at firm in departing lawyer's suit. |
Attorneys |
|
Aug. 7, 2015 | |
|
A142854
|
People v. Calloway
Broad construal of incompetent-to-stand-trial statute allows mechanism for trial court to renew competency hearings in 10-year-old robbery case. |
Criminal Law and Procedure |
|
Aug. 7, 2015 | |
|
13-10242
|
U.S. v. Leung
Affidavit alleging jury misconduct barred under Rule 606(b) of the Federal Rules of Evidence, despite argument that information within reveals pretrial dishonesty. |
Evidence |
|
Aug. 7, 2015 | |
|
15-55654
|
Rodriguez v. Steck
Order |
|
Aug. 7, 2015 | ||
|
15-55873
|
Briggs et al. v. Merck, Sharp & Dohme
Failure to establish concrete proposal of jointly-tried claim in medical tort case bars removal from state to federal court as 'mass action.' |
Civil Procedure |
|
Aug. 7, 2015 | |
|
S218993
|
People v. Brown
Defendant is detained when police stop behind his parked car and activate patrol vehicle's emergency lights. |
Criminal Law and Procedure |
|
Aug. 7, 2015 | |
|
B254910
|
People v. Morris
Defendant's constitutional right to fair trial by impartial jury is violated where excused juror was allowed to testify for prosecution. |
Criminal Law and Procedure |
|
Aug. 7, 2015 | |
|
C076047
|
People v. Kisling
'Wende' protections do not apply in sexually-violent predator's appeal from order denying his petition for release. |
Criminal Law and Procedure |
|
Aug. 7, 2015 | |
|
B252995
|
Soto v. BorgWarner Morse TEC
Punitive damages award in asbestos-related mesothelioma case reversed where plaintiffs fail to provide meaningful evidence of defendant's financial condition. |
Torts |
|
Aug. 6, 2015 | |
|
D067498
|
In re Joshua A.
Juvenile court's statutory interpretation error - made while denying placement to abusive mother's boyfriend - does not warrant reversal due to boy's aversion to boyfriend and the couple's rocky relationship. |
Dependency |
|
Aug. 6, 2015 | |
|
09-99012
|
Andrews v. Davis
Rejection of habeas prisoner's ineffective assistance of counsel claim is based on prejudice analysis which was not contrary to or unreasonable application of Supreme Court precedent. |
Criminal Law and Procedure |
|
Aug. 5, 2015 | |
|
12-35952
|
Belanus v. Clark
Strikes issued under section 1915(g) of 18 U.S.C. apply to dismissed actions, regardless of whether or not filed 'in forma pauperis.' |
Civil Procedure |
|
Aug. 5, 2015 | |
|
13-35790
|
Rogers v. Ferriter
State proceedings pertaining to convict's sentence review, even when held in abeyance, qualify as 'pending' actions for purposes of AEDPA's statute of limitations tolling provision. |
Prisoners Rights |
|
Aug. 5, 2015 | |
|
13-35955
|
Saucedo v. Farmland Management
Order |
|
Aug. 5, 2015 | ||
|
C070238
|
People v. Soria
Defendant cannot be convicted of two counts of rape for a single act of intercourse; two counts must be consolidated. |
Criminal Law and Procedure |
|
Aug. 4, 2015 | |
|
12-35986
|
Blixseth v. Yellowstone Mountain Club LLC
Order |
|
Aug. 4, 2015 | ||
|
13-15213
|
Brown-Hunter v. Colvin
Administrative Law Judge errs by failing to provide specific, clear and convincing reasons for rejecting Social Security claimant's testimony. |
Administrative Agencies |
|
Aug. 4, 2015 | |
|
13-35505
|
Rounds v. Commissioner Social Security Administration
Discrepancies between vocational expert's testimony, Dictionary of Occupational titles, and determined residual functional capacity merit reconciliation in Supplemental Security Income claim. |
Administrative Agencies |
|
Aug. 4, 2015 | |
|
E061153
|
In re A.J.
Biological father's drug abuse and parole violations substantiate denial of visitation privileges, as does fact that he was not a 'presumed' father and, therefore, not a 'parent' for purposes of the pertinent statute. |
Dependency |
|
Aug. 4, 2015 | |
|
S199557
|
City of San Diego v. Bd. of Trustees of the Cal. State Univ.
Dictum from state Supreme Court ruling does not support CSU Board of Trustees' position that it has no power to contribute to mitigating off-campus impacts of proposed expansion. |
Administrative Agencies |
|
Aug. 3, 2015 | |
|
B256587
|
Isidora M. v. Silvino M.
Court errs in issuing mutual restraining order under Section 6305 of the Domestic Violence Protection Act absent affirmative request for orders by both parties. |
Family Law |
|
Aug. 3, 2015 | |
|
C078169
|
People v. Perez
Reduction of felony drug charge under Proposition 47 has no effect on felony failure to appear charge. |
Criminal Law and Procedure |
|
Aug. 3, 2015 | |
|
B250111
|
Carson Harbor Village Ltd. v. City of Carson
City of Carson may deny proposed mobilehome park subdivision that is inconsistent with open space element of city's general plan. |
Government |
|
Aug. 3, 2015 | |
|
A142963
|
Newark Unifed School District v. Superior Court (Elizabeth Brazil)
Government Code Section 6254.5 is construed not to apply to an inadvertent release of privileged documents under the California Public Records Act. |
Government |
|
Aug. 3, 2015 | |
|
E061754
|
People v. Superior Court
Postconviction discovery motion in capital case overruled as it is not related to ongoing legal proceedings. |
Criminal Law and Procedure |
|
Aug. 3, 2015 | |
|
D065201
|
Doe v. San Diego-Imperial Council
Clear statutory language provides that person over 26 who files allegations of childhood sexual assault must first obtain a certificate of merit. |
Civil Procedure |
|
Aug. 3, 2015 | |
|
E059103
|
People v. Riley
Commercial bribery charges cannot be based upon events that occurred when accused was no longer employee of the pertinent institution. |
Criminal Law and Procedure |
|
Aug. 3, 2015 | |
|
D065153
|
Rancho Pauma Mut. Water Co. v. Yuima Mun. Water Dist.
Where water district substituted for defendant in earlier water rights action, original judgment is not ambiguous and, thus, binds water district under similar water usage limitations. |
Water Rights |
|
Aug. 3, 2015 | |
|
S199119
|
Sanchez v. Valencia Holding Co. LLC
Court of Appeal errs in finding arbitration agreement in car sales contract unconscionable under <EM>AT&T Mobility LLC v. Concepcion</EM>. |
Consumer Law |
|
Aug. 3, 2015 |