| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A137680
|
Cal. Bldg. Industry Assn. v. State Water Resources Control Board
Fee increase approved by a quorum of the California State Water Resources Control Board is valid under Water Code Section 181; Section 183 inapplicable. |
Water Rights |
|
May 12, 2015 | |
|
14-55235
|
Diaz v. Kubler Corp.
Debtor does not violate FDCPA when it seeks prejudgment interest on a vested debt under California law even without a prior judgment. |
Banking |
|
May 12, 2015 | |
|
14-15311
|
Comstock v. Humphries
Defendant is entitled to habeas relief where victim's recollection expressed doubt as to whether crime had been committed at all. |
Criminal Law and Procedure |
|
May 12, 2015 | |
|
12-72985
|
Sewards v. Commissioner of Internal Revenue
Additional service pension retired Los Angeles County employee received that exceeded disability pension is taxable. |
Taxation |
|
May 12, 2015 | |
|
12-55912
|
Ashbey v. Archstone Property Management Inc.
Employee's Title VII claim must be arbitrated because, by signing acknowledgment, employee knowingly waived his right to judicial forum. |
Employment Law |
|
May 12, 2015 | |
|
B254859
|
Monsivaiz v. County Civil Service Com. (L.A. County Dept. of Ag. Comr.)
Dismissal of writ of mandate for lack of jurisdiction is proper where Los Angeles County employee died during pendency of writ proceeding and his widow wished to be deemed successor in interest. |
Municipal Law |
|
May 12, 2015 | |
|
B258021
|
Greene v. Bank of America
Where criminal defendant unsuccessfully challenged veracity of principal witness in probable cause hearing, that finding has preclusive effect and stymies eventual malicious prosecution claim after defendant's acquittal. |
Civil Procedure |
|
May 12, 2015 | |
|
C077293
|
P.R., a Minor
Mother lacks standing to challenge juvenile court's placement of her Indian child where she did not otherwise challenge order terminating her parental rights. |
Dependency |
|
May 12, 2015 | |
|
D066482
|
People v. Covarrubias
Error admitting unrelated, prejudicial personal-tragedy testimony in drunk driving murder trial is nevertheless not prejudicial given overwhelming evidence of defendant's implied malice. |
Criminal Law and Procedure |
|
May 12, 2015 | |
|
B246667
|
Marzec v. CalPERS
Factual disputes exist regarding whether CalPERS' disability retirement plans for workers who purchased additional service credits violates CalPERS' fiduciary duty. |
Employment Law |
|
May 11, 2015 | |
|
D064549
|
Hirst v. City of Oceanside
FEHA's protection against harassment encompasses phlebotomist who worked for employer that provided her services to city pursuant to a contract. |
Employment Law |
|
May 10, 2015 | |
|
13-15199
|
Davis v. Guam
Guam resident has standing to challenge Guam law allowing only Native Inhabitants to decide Guam's future relations with mainland U.S. |
Civil Rights |
|
May 10, 2015 | |
|
12-74184
|
El Comité para el Bienestar de Earlimart v. EPA
EPA's interpretation of ambiguous figures in California's Pesticide Element relating to VOC emissions reductions is reasonable. |
Environmental Law |
|
May 10, 2015 | |
|
11-70532
|
Torres v. Lynch
Board of Immigration Appeals' decision to deny Mexican citizen adjustment of status is discretionary and not subject to categorical approach or review on appeal. |
Immigration |
|
May 10, 2015 | |
|
B244896
|
Bergstein v. Strook & Strook & Lavan LLP
Anti-SLAPP statute bars claims against attorneys protected by the litigation privilege. |
Civil Procedure |
|
May 10, 2015 | |
|
B252772
|
Baez v. CalPERS
Section 31 of the California Constitution, which generally prohibits the state from granting preferential treatment to protected groups, does not support claims alleging racial discrimination against such groups. |
Civil Rights |
|
May 10, 2015 | |
|
A138683
|
People v. Peau
Failure to instruct on heat of passion is harmless error where jury found defendant guilty of first degree murder. |
Criminal Law and Procedure |
|
May 10, 2015 | |
|
B250925
|
Peterson v. Wells Fargo Bank N.A.
Lender may not sell property that was deeded by surviving spouse who only held life estate on it and lacked power to encumber it. |
Real Property |
|
May 10, 2015 | |
|
B257258
|
Kimco Staffing Services v. State of California
State has a rational basis to prohibit temporary services employers and leasing employers from self-insuring their workers' compensation liability. |
Labor Law |
|
May 10, 2015 | |
|
A140752
|
Cafferkey v. City and County of San Francisco
Property owner must pay property taxes on lot because even if did not appear in parcel maps, it existed on assessor's maps for tax assessment purposes. |
Taxation |
|
May 10, 2015 | |
|
E058979
|
In re Establishment of The Press-Enterprise as a Newspaper of General Circulation
Newspaper that was not printed or produced in Corona prior to 1923 does not qualify for printing exemption; it is not a newspaper of general circulation in Corona. |
Government |
|
May 8, 2015 | |
|
A137961
|
Marriage of Honer
Court's valuation of primary marital assets, as based upon circumstances existing at the time of trial, is supported by 'ample evidence' and must be upheld. |
Family Law |
|
May 7, 2015 | |
|
14-1362
|
Plyam v. Precision Development LLC (In re Plyam)
State court judgment of punitive damages does not have preclusive effect because it does not meet 'wilfullness' required for nondischargeability under Bankruptcy Code Section 523(a)(6). |
Bankruptcy |
|
May 7, 2015 | |
|
13-10322
|
U.S. v. Zamudio
Government does not acquire knowledge of deportee's illegal presence in country at time deportee presented invalid green card. |
Criminal Law and Procedure |
|
May 7, 2015 | |
|
09-16951
|
Harrington v. Scribner
Prison's obligations under the Eighth Amendment and Equal Protection Clause do not compete and jurors should assess whether the race-based actions were narrowly tailored. |
Prisoners Rights |
|
May 7, 2015 | |
|
S198616
|
In re Cipro Cases I & II
'Reverse payment' to generic drug manufacturers to settle patent challenges to brand-name drugs are not immune from antitrust law scrutiny. |
Antitrust |
|
May 7, 2015 | |
|
B256182
|
Nicholas E., a Minor
Juvenile court may not skip evidentiary hearing on jurisdiction or apply abstention rule merely because of ongoing custody fight in family court. |
Dependency |
|
May 7, 2015 | |
|
F070090
|
In re Alejandro B.
Application of <EM>People v. Vargas</EM> to strike juvenile's commitment offenses where there were no prior convictions is premature. |
Juveniles |
|
May 7, 2015 | |
|
H039707
|
Keep Our Mountains Quiet v. Co. of Santa Clara
Where substantial evidence support fair argument that proposed events might have significant environmental impacts, environmental impact report should be issued. |
Environmental Law |
|
May 7, 2015 | |
|
B256985
|
Rodriguez v. Cho
Default judgment in wrongful termination action is void for exceeding amount of damages stated in complaint. |
Civil Procedure |
|
May 7, 2015 |