| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D063586
|
McMillin Companies LLC v. American Safety Indemnity Co.
Denial of insurer’s summary judgment motion on duty to defend for failure to meet initial burden does not necessarily establish such duty. |
Insurance |
|
Jan. 23, 2015 | |
|
13-10152
|
United States v. Rice
Delay in allowing self-representation does not violate defendant’s Sixth Amendment right if defendant is eventually allowed to present case in his own way. |
Constitutional Law |
|
Jan. 23, 2015 | |
|
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 |
|
Jan. 23, 2015 | |
|
B254093
|
In re Wilson
Juvenile homicide offender’s life without parole sentence overturned in light of U.S. Supreme Court’s ‘Miller v. Alabama’ decision. |
Criminal Law and Procedure |
|
Jan. 23, 2015 | |
|
D065364
|
Deputy Sheriffs’ Association of San Diego County v. County of San Diego
California Public Employees’ Pension Reform Act of 2013 partially violates state constitution’s prohibition against impairment of contracts. |
Contracts |
|
Jan. 23, 2015 | |
|
B255676
|
In re J.C.
Father's failure to curb pregnant mother's drug use - plus his own issues - substantiates child's removal to foster care. |
Juveniles |
|
Jan. 23, 2015 | |
|
S222620
|
People v. Rinehart
Order |
|
Jan. 23, 2015 | ||
|
S222887
|
Gottschall v. Crane
Order |
|
Jan. 23, 2015 | ||
|
S222841
|
Calloway v. S.C. (People)
Order |
|
Jan. 23, 2015 | ||
|
S222744
|
People v. Raef
Order |
|
Jan. 23, 2015 | ||
|
S222797
|
People v. S.C. (Harris)
Order |
|
Jan. 23, 2015 | ||
|
H039036
|
Murray & Murray v. Raissi Real Estate Development LLC
Default judgment set aside where defendant’s address is not ‘unknown’ merely because plaintiff failed to effect personal service at that address. |
Civil Procedure |
|
Jan. 22, 2015 | |
|
C071906
|
Citizens For Fair REU Rates v. City of Redding
Annual budget transfer from city-owned utility to city’s general fund might constitute tax under Proposition 26 requiring two-thirds voter approval. |
Taxation |
|
Jan. 22, 2015 | |
|
B248430
|
Cruise v. Kroger Co.
California Arbitration Act governs employment dispute where employer failed to prove contents of four-page arbitration policy. |
Employment Law |
|
Jan. 22, 2015 | |
|
C071210
|
Stockton Mortgage, Inc. v. Tope
Notice of Abatement not considered “lien, defect, or encumbrance” in home title insurance claim. |
Insurance |
|
Jan. 22, 2015 | |
|
G048761
|
People v. Armogeda
Postrelease Community Supervision Act of 2011 unconstitutionally amended voter-passed Proposition 36. |
Criminal Law and Procedure |
|
Jan. 22, 2015 | |
|
13-1211
|
Hana Financial v. Hana Bank
In trademark disputes, ‘tacking’ issue for jury to decide just as in tort, contract, and criminal cases. |
Intellectual Property |
|
Jan. 22, 2015 | |
|
13-1174
|
Gelboim v. Bank of America Corp.
Dismissal of case from consolidated proceeding triggers party’s right to appeal pursuant to 28 U.S.C. Section 1291. |
Civil Procedure |
|
Jan. 22, 2015 | |
|
13-894
|
Dept. of Homeland Security v. MacLean
Federal regulation does not exclude air marshal from whistleblower protection. |
Employment Law |
|
Jan. 22, 2015 | |
|
D064737
|
People v. Camp
Trial court may revoke mandatory supervision portion of offender’s hybrid sentence to permit his deportation. |
Criminal Law and Procedure |
|
Jan. 22, 2015 | |
|
G048473
|
Kilker v. Stillman
Funds in bank account that are proven to be from Social Security payment, even if they were not directly deposited. |
Civil Procedure |
|
Jan. 21, 2015 | |
|
14-6873
|
Christeson v. Roper
Death row inmate entitled to assistance from conflict-free counsel in federal habeas petition to argue equitable tolling of AEDPA claim. |
Criminal Law and Procedure |
|
Jan. 21, 2015 | |
|
11-57137
|
Omega S.A. v. Costco Wholesale Corp.
Omega may not prohibit sale of its copyrighted watches by Costco, who obtained watches through the ‘gray market.’ |
Intellectual Property |
|
Jan. 21, 2015 | |
|
13-6827
|
Holt v. Hobbs
Prison policy prohibiting beards violates Muslim prisoner’s religious exercise rights under the Religious Land Use and Institutionalized Persons Act of 2000. |
Prisoners Rights |
|
Jan. 21, 2015 | |
|
13-854
|
Teva Pharmaceuticals USA Inc. v. Sandoz Inc.
Reviewing court may not set aside district court’s determination on subsidiary factual matter involving patent claim without finding of clear error. |
Intellectual Property |
|
Jan. 21, 2015 | |
|
12-15817
|
Redding Rancheria v. Kenneth Salazar
Tribe’s offer to merge existing gaming operation with proposed new casino merited meaningful Department of Interior review. |
Native American Affairs |
|
Jan. 21, 2015 | |
|
F066825
|
People v. Givan
Mistake of fact jury instruction unnecessary at gross-vehicular-manslaughter-while-intoxicated trial, as defendant’s subjective belief would not negate any element of crime. |
Criminal Law and Procedure |
|
Jan. 21, 2015 | |
|
A132916
|
Bertoli v. City of Sebastopol
City not entitled to attorney fees and costs in connection with non-frivolous Public Records Act claim filed by car accident victim. |
Government |
|
Jan. 21, 2015 | |
|
E055528
|
People v. Campbell
Instructional errors that gave jurors all-or-nothing choice prejudiced defendants, warranting reversal of felony murder convictions. |
Criminal Law and Procedure |
|
Jan. 20, 2015 | |
|
A139385
|
Stofer v. Shapell Industries Inc.
Homeowner is entitled to jury trial on disputed facts underlying homebuilder’s accrual defense in construction defect case. |
Civil Procedure |
|
Jan. 20, 2015 |