| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
13-35290
|
Shinault v. Hawks
State’s obligation to provide medical care does not extend to shielding inmate’s assets gained from medical-related lawsuit. |
Prisoners Rights |
|
Apr. 6, 2015 | |
|
B248814
|
Friends of Oceano Dunes Inc. San Luis Obispo County Air Pollution Control District
Trial court stretches ‘contrivance’ to describe a state park in allowing San Luis Obispo Air Pollution Control District to regulate air emissions from park. |
Environmental Law |
|
Apr. 6, 2015 | |
|
F067956
|
Delano Farms Co. v. Cal. Table Grape Com.
California Table Grape Commission’s conduct is government speech and thus immune from challenge under the constitution. |
Constitutional Law |
|
Apr. 6, 2015 | |
|
B255005
|
People v. Keith
Drug offender’s sentence for crack cocaine-related offenses is reduced in light of recent changes in the law affecting cocaine. |
Criminal Law and Procedure |
|
Apr. 6, 2015 | |
|
G049135
|
People v. Guzman
Prop 47’s definition of ‘unreasonable risk of danger to public safety’ may not be applied to Prop 36 resentencing petitions. |
Criminal Law and Procedure |
|
Apr. 5, 2015 | |
|
13-50463
|
U.S. v. Tamman
Application of Broker-Dealer and Special Skill sentence enhancements to attorney’s crimes does not run afoul Sentencing Guideline’s prohibition on double counting. |
Criminal Law and Procedure |
|
Apr. 5, 2015 | |
|
12-55726
|
Chula Vista Citizens v. Norris
Chula Vista ballot initiative requirements do not violate First Amendment. |
Civil Rights |
|
Apr. 5, 2015 | |
|
11-10459
|
U.S. v. Simmons
Offender’s prior escape conviction in Hawaii does not constitute ‘crime of violence’ under career offender guidelines to warrant sentence enhancement. |
Criminal Law and Procedure |
|
Apr. 5, 2015 | |
|
D064888
|
Sedlock v. Baird
School yoga program did not constitute an establishment of religion in violation of the California Constitution. |
Constitutional Law |
|
Apr. 5, 2015 | |
|
B252773
|
Ong v. Fire Insurance Exchange
‘Malice,’ as used in insurance policy exclusion, should bear its plain, layperson definition in court, rather than a ‘malice in law’ definition. |
Contracts |
|
Apr. 5, 2015 | |
|
12-17245
|
Ameripride Serv. v. Texas Eastern Overseas
CERCLA’s ‘equitable factors’ language means courts are not required to follow any particular approach as to settlements involving fewer than all jointly-and-severally liable tortfeasors. |
Environmental Law |
|
Apr. 2, 2015 | |
|
B252184
|
Z.S., a Minor
Father’s appeal over juvenile court’s termination of his parental rights is dismissed because he filed it too late. |
Dependency |
|
Apr. 2, 2015 | |
|
S224086
|
McGill v. Citibank
Order |
|
Apr. 2, 2015 | ||
|
S224546
|
People v. Vidana
Order |
|
Apr. 2, 2015 | ||
|
S224383
|
People v. Hernandez
Order |
|
Apr. 2, 2015 | ||
|
S224592
|
Rivers v. Cedar-Sinai Medical Care Foundation
Order |
|
Apr. 2, 2015 | ||
|
B256411
|
In re R.T.
Proof of parental culpability not required to exercise dependency jurisdiction under Welfare and Institutions Code Section 300(b)(1). |
Dependency |
|
Apr. 2, 2015 | |
|
15-15237
|
Eminence Investors v. BNYM
No federal jurisdiction where ‘securities exception’ under CAFA applies to case brought by holders of bonds against bank. |
Civil Procedure |
|
Apr. 2, 2015 | |
|
14-30003
|
U.S. v. Richter
Defendant implicitly waives right to give closing argument where his counsel had several meaningful opportunities to request one, but did not. |
Criminal Law and Procedure |
|
Apr. 2, 2015 | |
|
13-60023
|
Pensco Trust Co. v. Tristar Esperanza Properties LLC (In re Tristar Esperanza Properties LLC)
Judgment creditor’s claim is subject to mandatory subordination under Bankruptcy Code because claim for damages arose from sale of debtor’s security. |
Bankruptcy |
|
Apr. 2, 2015 | |
|
10-72239
|
Rendon v. Holder
Order |
|
Apr. 2, 2015 | ||
|
D066683
|
Carian v. Dept. Fish & Wildlife
Notification to only some relevant parties not enough to meet ‘reasonable attempt to settle’ standard as it relates to attorney fees provision. |
Civil Procedure |
|
Apr. 2, 2015 | |
|
B248860
|
Ellis v. Ellis
Appeal untimely when taken from subsequent judgment that did not materially affect wife’s rights in marriage dissolution proceeding. |
Family Law |
|
Apr. 2, 2015 | |
|
A140420
|
CADC/RAD Venture 2011-1 LLC v. Bradley
Lender may pursue deficiency judgment against guarantors who failed to demonstrate that guaranty was a sham. |
Contracts |
|
Apr. 2, 2015 | |
|
D063462
|
DeCambre v. Rady Children’s Hospital-San Diego
Physician defeats San Diego hospital’s anti-SLAPP motion because her harassment claim did not arise from protected activity. |
Civil Procedure |
|
Apr. 2, 2015 | |
|
D066701
|
Aguilera v. Loma Linda Univ. Med. Center
Future health care expenses should be excluded when calculating reimbursement by State Department of Health Care Services but Department must present sufficient evidence to support the exclusion. |
Health Care |
|
Apr. 2, 2015 | |
|
12-99003
|
Elmore v. Sinclair
Not unreasonable to reject petitioner’s ineffective assistance of counsel claims where counsel’s decision not to present mental health defense was strategic and petitioner failed to show prejudice on other claims. |
Criminal Law and Procedure |
|
Apr. 1, 2015 | |
|
14-35943
|
Jordan v. Nationstar Mortgage LLC
Removal under CAFA is timely although it was more than two years after case became removable on federal question grounds. |
Civil Procedure |
|
Apr. 1, 2015 | |
|
15-55176
|
Reyes v. Dollar Tree Stores
Federal court has jurisdiction because state court’s class certification order created CAFA jurisdiction by expanding amount-in-controversy. |
Civil Procedure |
|
Apr. 1, 2015 | |
|
A139104
|
People v. Huggins
Accomplice and in-custody informant may corroborate each other for purposes of corroboration requirement under California Penal Code. |
Criminal Law and Procedure |
|
Apr. 1, 2015 |