| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S214150
|
Rodriguez v. RWA Trucking Company, Inc.
Order |
|
Jul. 30, 2015 | ||
|
D065729
|
People v. Whitaker
Trial court properly applies two-for-two formula in calculating defendant's entitlement to conduct credit for 327 days served in custody. |
Criminal Law and Procedure |
|
Jul. 29, 2015 | |
|
D067424
|
Green v. Co. of Riverside
Trial court did not err in admitted coroner's expert opinion as to decedent's drug-addled state at time of fatal encounter with law enforcement, though said opinion was contradicted by plaintiff's expert. |
Evidence |
|
Jul. 29, 2015 | |
|
11-35517
|
Organized Village of Kake v. U.S. Dept. of Agriculture
USDA's complete reversal of its initial decision not to exempt Tongrass National Forest from Roadless Rule is invalid absent reasoned explanation. |
Administrative Agencies |
|
Jul. 29, 2015 | |
|
12-10196
|
U.S. v. Sullivan
California convictions "relating to" sexual abuse correctly trigger mandatory minimum enhancements under federal criminal statute. |
Criminal Law and Procedure |
|
Jul. 29, 2015 | |
|
13-30376
|
U.S. v. Willis
Sentence vacated where court does not conduct divisibility analysis when determining whether Oregon firearm possession is a 'crime of violence' under Sentencing Guidelines. |
Criminal Law and Procedure |
|
Jul. 29, 2015 | |
|
14-15267
|
Minden Pictures v. John Wiley and Sons Inc.
Photography licensing agent has standing to sue textbook publisher for infringement under Copyright Act based on 'exclusive license.' |
Copyright |
|
Jul. 29, 2015 | |
|
C076635
|
People v. Gross
Dismissal of burglary charges after defendant's successful completion of rehabilitation program does not relieve defendant's restitution obligations. |
Remedies |
|
Jul. 28, 2015 | |
|
12-17165
|
Orthel v. Yates
Habeas petitioner not entitled to equitable tolling of one-year statute of limitations based on mental incompetence where he fails to show 'extraordinary circumstances.' |
Prisoners Rights |
|
Jul. 28, 2015 | |
|
13-35643
|
Mayo v. PCC Structruals, Inc.
Despite medically documented depression, detailed and persistent death threats in the work place preclude employee from making ADA claim, as he is not 'qualified individual.' |
Disability Discrimination |
|
Jul. 28, 2015 | |
|
13-50164
|
U.S. v. Carter
Defendant's statement that he is presently taking medication does not trigger expanded Rule 11 colloquy to ensure he is 'knowingly and voluntarily' entering guilty plea. |
Criminal Law and Procedure |
|
Jul. 28, 2015 | |
|
14-15125
|
Robinson v. Lewis
Order |
|
Jul. 28, 2015 | ||
|
B255827
|
Klotz v. Milbank, Tweed, Hadley & McCloy
Plaintiffs must abide by Civil Code Section 1714.10's pre-filing requirements to the extent that their conspiracy claim fell within statute. |
Civil Procedure |
|
Jul. 28, 2015 | |
|
B255951
|
People v. Diaz
Striking enhancement based on conviction designated a misdemeanor under Prop. 47 is premature because of failure to first seek re-designation from court of conviction. |
Criminal Law and Procedure |
|
Jul. 28, 2015 | |
|
G049611
|
Golba v. Dick's Sporting Goods
Attorney fees section of settlement deemed illegal as counsel for plaintiffs 'practiced law in California' without pro hac vice admission. |
Attorneys |
|
Jul. 27, 2015 | |
|
12-36023
|
Chadd v. United States of America, National Park Service
Discretionary function exception applies to National Park Service's decision to use non-lethal methods to manage goat who killed visitor, thus barring tort suit. |
Torts |
|
Jul. 27, 2015 | |
|
13-35773
|
Tulalip Tribes v. Suquamish Indian Tribe (United States of America, et al.)
Tulalip Tribe fails to meet burden that contested areas should be excluded from Suquamish Indian Tribe's 'usual and accustomed' fishing grounds and stations. |
Native American Affairs |
|
Jul. 27, 2015 | |
|
14-15781
|
Chinatown Neighborhood Association v. Harris
Parties that previously engaged in cultural practices and commerce involving shark fins fail to overturn California's Shark Fin Law. |
Constitutional Law |
|
Jul. 27, 2015 | |
|
S199435
|
Estate of Duke
Unambiguous will may be reformed to conform to testator's intent if clear and convincing evidence establishes mistake and testator's specific intent. |
Probate and Trusts |
|
Jul. 27, 2015 | |
|
13-35377
|
Dietz v. Bouldin
In first impression review, court justified in re-empanelling jury 'moments' after dismissal to correct verdict error as inquiry satisfies issue of outside influence. |
Civil Procedure |
|
Jul. 26, 2015 | |
|
15-10289
|
U.S. v. Santos-Flores
Order |
|
Jul. 26, 2015 | ||
|
H040955
|
Marriage of Oliverez
Second trial judge errs in reconsidering and vacating prior judge's ruling over mere disagreement in highly contentious divorce case. |
Judges |
|
Jul. 26, 2015 | |
|
A135438
|
People v. Andrade
One Strike Law does not authorize only one life term per victim; multiple life terms can be imposed for each eligible offense. |
Criminal Law and Procedure |
|
Jul. 26, 2015 | |
|
H036790
|
Rutledge v. Hewlett-Packard
Debate over inadequacies of HP tablet notebook constitute issues of fact, not law, invalidating summary judgment of lower court. |
Administrative Agencies |
|
Jul. 23, 2015 | |
|
E059589
|
People v. LaBlanc
Because superior court denied civilly-committed SVP's petition as frivolous based upon a misapprehension as to the original commitment jury's ruling, superior court erred. |
Criminal Law and Procedure |
|
Jul. 23, 2015 | |
|
12-35221
|
Stormans Inc. dba Ralph’s Thriftway v. Weisman
Washington rules requiring timely delivery of all prescription medication passes constitutional muster despite parties' religious objections. |
Constitutional Law |
|
Jul. 23, 2015 | |
|
S226753
|
California Building Industry Association v. State Water Resources Control Board
Order |
|
Jul. 23, 2015 | ||
|
S226538
|
Delano Farms Co. v. California Tabor Grape Commission
Order |
|
Jul. 23, 2015 | ||
|
S226284
|
BNSF Railway Co. v. Superior Court (Kralovetz)
Order |
|
Jul. 23, 2015 | ||
|
S227107
|
People v. Magat
Order |
|
Jul. 23, 2015 |