| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S226721
|
People v. Sek
Order |
|
Jul. 23, 2015 | ||
|
S226857
|
People v. Williams
Order |
|
Jul. 23, 2015 | ||
|
D067445
|
Alejandro N. v. Superior Court (People)
In lead case, Proposition 47's offense reclassification provisions under Penal Code Section 1170.18 applies to juvenile offenders, authorizing redesignation of juvenile felony to misdemeanor. |
Administrative Agencies |
|
Jul. 23, 2015 | |
|
G051212
|
People v. Pinon
Trial court errs in imposing period of parole in resentencing offender under Prop. 47, without accounting for custody credits and where resulting period exceeded remainder of his post-release community supervision. |
Criminal Law and Procedure |
|
Jul. 23, 2015 | |
|
13-15809
|
Double Bogey L.P. v. Enea
Debtor may not be considered a fiduciary under Bankruptcy Code Section 523(a)(4) solely by application of California's alter ego doctrine. |
Bankruptcy |
|
Jul. 22, 2015 | |
|
13-50553
|
United States v. Torres
Testimony of questions asked by an out-of-court declarant constitutes inadmissible hearsay evidence, as truth of the matter is 'implicitly' asserted. |
Criminal Law and Procedure |
|
Jul. 22, 2015 | |
|
14-35753
|
State of Idaho v. Coeur d'Alene Tribe
Coeur d'Alene Tribe's sovereign immunity is abrogated where Hold'em poker game is Class III gaming prohibited by Tribal-State compact. |
Gaming |
|
Jul. 22, 2015 | |
|
A141758
|
Christian H., a Minor
Juvenile court's dispositional order ordering juvenile's return to Honduras is overturned because court abused its discretion in finding that his return was not in his best interest. |
Juveniles |
|
Jul. 22, 2015 | |
|
D063675
|
Marshall v. County of San Diego
Social workers entitled to qualified immunity when they provide notice to prospective adoptive parent and there is no evidence they made false statements before removing child. |
Family Law |
|
Jul. 22, 2015 | |
|
B257429
|
People v. Murillo
Where amateur rapper threatens death to (and cites names of) rape victims, said rap may constitute genuine threat such that charges should survive preliminary examination. |
Criminal Law and Procedure |
|
Jul. 22, 2015 | |
|
D067454
|
Navarrete v. Meyer
Passenger may be liable for encouraging driver to race through dips, causing car to go airborne and fatally strike father. |
Torts |
|
Jul. 22, 2015 | |
|
B254639
|
Castaic Lake Water Agency v. Newhall County Water District
No Brown Act violation occurs where notice given by public agency regarding closed session to discuss potential lawsuit is in substantial compliance with the Act. |
Government |
|
Jul. 22, 2015 | |
|
C078345
|
Dept. of Corrections and Rehabilitation v. Workers’ Compensation Appeals Board
Workers' compensation death benefits for widow of former prison guard is annulled due to WCAB's failure to address widow's entitlement to special death benefits under PERS. |
Workers' Compensation |
|
Jul. 22, 2015 | |
|
H040726
|
People v. Lopez
Appellate court declines to decide threshold matter of whether repeat drug offender is eligible for resentencing relief under Proposition 47. |
Criminal Law and Procedure |
|
Jul. 22, 2015 | |
|
B255216
|
Safeway Inc. v. Superior Court (Enrique Esparza et al.)
Supermarkets' petition for writ of mandate denied where class certification is based on practice of never paying premium wages for missed meal breaks when required. |
Employment Law |
|
Jul. 22, 2015 | |
|
C072621
|
People v. Rivas
Fingerprint identification neither new nor novel, does not merit <EM>Kelly</EM> hearing to determine admissibility |
Criminal Law and Procedure |
|
Jul. 21, 2015 | |
|
14-10360
|
U.S. v. Aquino
Probationer's 'literally true' response to probation officer, though evasive and coy, does not give rise to violation of probation condition that requires probationer to 'answer truthfully' all inquiries of officer. |
Criminal Law and Procedure |
|
Jul. 21, 2015 | |
|
G049510
|
Bermudez v. Ciolek
Medical damages award to uninsured bystander must be reduced where award is based on amount incurred rather than reasonable value of past services. |
Torts |
|
Jul. 21, 2015 | |
|
A140960
|
K.B., a Minor
Juvenile court properly admits into evidence incriminating Instagram photos of juvenile posing with firearms based on foundation laid out by investigating officers. |
Juveniles |
|
Jul. 21, 2015 | |
|
A142907
|
People v. Lopes
Juvenile adjudication does not qualify as a prior violation so as to elevate a misdemeanor DUI offense to a felony under Vehicle Code Section 23550.5. |
Criminal Law and Procedure |
|
Jul. 21, 2015 | |
|
E059579
|
Law Offices of Marc Grossman v. Victor Elementary School District
Law firm entitled to attorney fees following successful mandamus proceeding; court abuses discretion in denying fees on ground that firm represented itself. |
Government |
|
Jul. 21, 2015 | |
|
H040098
|
Moncrief v. Clark
California attorney's lawsuit against Arizona attorney may proceed after trial court erroneously quashes service of summons for lack of personal jurisdiction. |
Civil Procedure |
|
Jul. 21, 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 |
|
Jul. 21, 2015 | |
|
B256988
|
Shaoxing City Maolong Wuzhong Down Products Ltd. v. Jeehn & Associates APC
Legal malpractice lawsuit filed more than one year from date former client suffered 'actual injury' is untimely and not subject to tolling. |
Civil Procedure |
|
Jul. 21, 2015 | |
|
C076061
|
People v. American Contractors IndemnityCo.
Parties allowed 60-day window, not 15, to object to untimely summary judgments in effort to exonerate bail bonds |
Criminal Law and Procedure |
|
Jul. 21, 2015 | |
|
G050340
|
Willard v. Kelley (Eric Woolery)
Orange County candidate not entitled to attorney fees under Elections Code Section 1021.5 for successfully defending against political opponent's peremptory writ of mandate. |
Government |
|
Jul. 21, 2015 | |
|
A141043
|
People v. Cowart
Trial court cannot order dementia-afflicted defendant to state hospital for felony involving death as hit and run statute's gravamen pertains to flight from scene, not death or injury. |
Criminal Law and Procedure |
|
Jul. 20, 2015 | |
|
15-10259
|
U.S.A. v. Howard
Order |
|
Jul. 20, 2015 | ||
|
12-10273
|
U.S. v. Mahon
Scottsdale's Diversity Office has sufficient nexus to interstate commerce to support defendant's conviction involving pipe bomb explosion. |
Criminal Law and Procedure |
|
Jul. 20, 2015 | |
|
12-17718
|
Haeger v. Goodyear Tire & Rubber Co.
After negligence case settles, likely due to serious discovery misconduct, district court may employ its inherent powers to apply discovery sanctions, even where statutes and rules provide similar sanctioning methods. |
Attorneys |
|
Jul. 20, 2015 |