| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S206143
|
In re Taylor
Proposition 83 residency restrictions upon sex offender parolees unconstitutional, but parole officials retain authority to impose such restrictions if individualized. |
Criminal Law and Procedure |
|
Mar. 2, 2015 | |
|
B253746
|
Siegel v. Fife
Beneficiary may not object to sale of settlor’s property which is necessary to provide for her care and maintenance. |
Probate and Trusts |
|
Mar. 1, 2015 | |
|
09-17339
|
McDaniels v. Kirkland
Order |
|
Mar. 1, 2015 | ||
|
A142162
|
City of Berkeley v. 1080 Delaware, LLC
Condition in use permit that requires adherence to unenforceable ordinance may be enforced if not challenged by application for writ of administrative mandate within 90 days. |
Government |
|
Mar. 1, 2015 | |
|
A139111
|
People v. Davis
Restrictive language in Prop 47 does not limit measure of ‘unreasonable risk of danger to public safety’ to Section 667(e)’s enumerated list of felonies. |
Criminal Law and Procedure |
|
Mar. 1, 2015 | |
|
B252962
|
Sanowicz v. Bacal
Real estate agent may proceed with lawsuit against fellow agent for reneging on commission-sharing deal. |
Contracts |
|
Mar. 1, 2015 | |
|
B253746
|
Siegel v. Fife
Beneficiary may not object to sale of settlor’s property which is necessary to provide for her care and maintenance. |
Probate and Trusts |
|
Mar. 1, 2015 | |
|
D062628
|
City of San Marcos v. Loma San Marcos LLC
Property owner fails to challenge mitigation impact fees imposed by City in allowing property’s new use as movie studio. |
Real Property |
|
Mar. 1, 2015 | |
|
12-50336
|
U.S. v. Valdez-Novoa
Immigration judge’s failure to inform alien of eligibility for relief does not warrant reversal of conviction where alien suffered no prejudice. |
Criminal Law and Procedure |
|
Mar. 1, 2015 | |
|
12-15705
|
Theodore H. Frank v. Netflix, Inc.
Notice to class members about settlement over Netflix-Walmart agreement deemed sufficient, as it included important details such as settlement amount and claims recovery process. |
Antitrust |
|
Mar. 1, 2015 | |
|
11-18034
|
Andrea Resnick v. Netflix, Inc.
Failure to raise genuine issue of material fact as to antitrust injury supports summary judgment in suit over Netflix-Walmart agreement. |
Administrative Agencies |
|
Mar. 1, 2015 | |
|
10-73346
|
Khudaverdyan v. Holder
Armenian citizen may be eligible for asylum if military police persecuted him based on belief that he was a whistleblower attempting to expose corruption. |
Immigration |
|
Mar. 1, 2015 | |
|
H040847
|
People v. Rebulloza
Waiver of self-incrimination as part of probation condition deemed unconstitutional. |
Constitutional Law |
|
Mar. 1, 2015 | |
|
B256416
|
Roxanne B., a Minor
Juvenile court adjudges minor a dependent where parents’ neglect caused her to suffer major depression. |
Juveniles |
|
Feb. 26, 2015 | |
|
14-1132
|
Schlegel v. Billingslea (In re Schlegel)
Debtors’ failure to pay percentage dividend under confirmed plan within applicable time period warrants dismissal. |
Bankruptcy |
|
Feb. 26, 2015 | |
|
S222996
|
Laffitte v. Robert Half International
Order |
|
Feb. 26, 2015 | ||
|
S222858
|
First California Bank v. McDonald
Order |
|
Feb. 26, 2015 | ||
|
S223078
|
People v. Tikhomirov
Order |
|
Feb. 26, 2015 | ||
|
B232583
|
Franco v. Arakelian Enterprises Inc.
Employer may enforce arbitration agreement that compels waiver of class action, but cannot force employee to arbitrate PAGA claims under ‘Iskanian.’ |
Employment Law |
|
Feb. 26, 2015 | |
|
S093235
|
People v. Johnson
Fact that victim’s car keys were likely within her control satisfies ‘immediate presence’ carjacking requirement, and substantiates death penalty affirmance based upon special circumstances carjacking murder. |
Criminal Law and Procedure |
|
Feb. 26, 2015 | |
|
S214221
|
State of California ex rel. Dept. of the California Highway Patrol v. Superior Court (Alvarado)
CHP may be liable to woman struck by tow truck driver patrolling highway under Freeway Service Patrol Program. |
Torts |
|
Feb. 26, 2015 | |
|
B253474
|
Jacks v. City of Santa Barbara
Part of City and utility’s agreement, 1% surcharge ‘masquerading as a franchise fee’ deemed an illegal tax. |
Taxation |
|
Feb. 26, 2015 | |
|
D066854
|
Lydig Construction v. Martinez Steel
To offset writ of attachment, party must establish probable validity of its offsetting claims. |
Civil Procedure |
|
Feb. 26, 2015 | |
|
A139410
|
Mies v. Sephora U.S.A.
Individualized issues predominate in attempted class action, meriting denial of class certification. |
Employment Law |
|
Feb. 26, 2015 | |
|
B255712
|
In re H.G.
Juvenile court’s failure to apply heightened requirements of Indian Child Welfare Act before terminating parental rights renders reversal. |
Native American Affairs |
|
Feb. 25, 2015 | |
|
13-534
|
North Carolina State Bd. of Dental Examiners v. FTC
North Carolina’s dentistry licensing board, controlled by market participants and acting without active state supervision, cannot claim immunity from federal antitrust laws when taking anticompetitive measures. |
Antitrust |
|
Feb. 25, 2015 | |
|
13-7451
|
Yates v. U.S.
Fisherman off the hook for throwing undersized fish overboard in case that hinged on interpretation of ‘tangible objects.’ |
Criminal Law and Procedure |
|
Feb. 25, 2015 | |
|
12-56638
|
Jane Doe No. 14 v. Internet Brands Inc. dba Modelmayhem.com
Order |
|
Feb. 25, 2015 | ||
|
12-57262
|
Nigro v. Sears, Roebuck and Co.
Ulcerative colitis sufferer may proceed with discrimination claim alleging Sears fired him due to his disability. |
Employment Law |
|
Feb. 25, 2015 | |
|
D065462
|
Hemphill v. Wright Family, LLC
Broadly-worded attorney fees provision renders lower court’s denial of recovery motion an error. |
Contracts |
|
Feb. 25, 2015 |