| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B254787
|
Coastal Surgical Institute v. Blevins
Advance payment of damages tolls statute of limitations in medical malpractice suit. |
Civil Procedure |
|
Jan. 13, 2015 | |
|
F067327
|
Grand Prospect Partners LP v. Ross Dress for Less Inc.
Cotenancy provision between sophisticated parties in commercial lease is enforceable. |
Real Property |
|
Jan. 13, 2015 | |
|
C074525
|
Piper v. Dept. of Motor Vehicles
DUI offender is not entitled to credit for preconviction restricted license period for purposes of his postconviction suspension. |
Administrative Agencies |
|
Jan. 13, 2015 | |
|
C074049
|
People v. Noyan
Sentencing scheme applicable to persons bringing contraband to custodial facility violates equal protection because it imposed unequal sentence depending on type of contraband. |
Criminal Law and Procedure |
|
Jan. 13, 2015 | |
|
F068652
|
Williams & Fickett v. County of Fresno
Taxpayer may seek court’s relief without first exhausting administrative remedies, when improperly taxed on property the party did not own. |
Taxation |
|
Jan. 12, 2015 | |
|
13-10337
|
United States v. Rodman
Machine gun seller who agrees to and does submit required ATF forms using false information commits conspiracy to defraud the government. |
Criminal Law and Procedure |
|
Jan. 12, 2015 | |
|
F066737
|
People v. Anderson
Jury instruction on collective/cooperative defense to marijuana cultivation charge must explain that exchange of marijuana for money between collective members is not necessarily unlawful. |
Criminal Law and Procedure |
|
Jan. 12, 2015 | |
|
13-1374
|
Rund v. Bank of America Corp. (In re EPD Investment Co. LLC)
Bankruptcy Code limitations period for avoiding fraudulent transfers preempts state-law. |
Bankruptcy |
|
Jan. 9, 2015 | |
|
S212704
|
Mendiola v. CPS Security Solutions, Inc.
Security guards due compensation for all on-call hours spent under employer’s control at assigned worksite. |
Labor Law |
|
Jan. 9, 2015 | |
|
12-55470
|
Thomas v. County of Riverside
Order |
|
Jan. 9, 2015 | ||
|
14-56779
|
Ibarra v. Manheim Investments Inc.
When class action plaintiff, seeking remand to state court, challenges amount in controversy, both sides must have opportunity to submit proof on issue. |
Civil Procedure |
|
Jan. 9, 2015 | |
|
14-56780
|
LaCross v. Knight Transportation Inc.
$44 million amount-in-controversy estimate based on reasonable chain of logic and assumptions entitles defendant to remove to federal court. |
Civil Procedure |
|
Jan. 9, 2015 | |
|
B254120
|
Ventura Foothill Neighbors v. County of Ventura
Ventura County must issue supplemental environmental impact report on relocated building project where building height increased from 75 feet to 90 feet. |
Environmental Law |
|
Jan. 9, 2015 | |
|
B248607
|
Feresi v. The Livery LLC
Managing member’s perfected security interest in LLC does not take priority over prior, unperfected interest due to manager’s breach of fiduciary duty. |
Securities |
|
Jan. 9, 2015 | |
|
E060272
|
People v. Rekte
Driver dodges red light camera ticket by undermining camera system’s reliability. |
Criminal Law and Procedure |
|
Jan. 9, 2015 | |
|
B253421
|
State Ready Mix Inc. v. Moffatt & Nichol
Concrete supplier sued by contractor barred by economic loss rule from seeking equitable indemnity from third-party civil engineer. |
Contracts |
|
Jan. 9, 2015 | |
|
13-56004
|
Williams v. Paramo
Alleged mislabeling as sex offender allows prisoner to proceed in forma pauperis on appeal. |
Prisoners Rights |
|
Jan. 8, 2015 | |
|
G049679
|
People v. Superior Court (Jalalipour)
Trial court judge may not reduce "wobbler" felony charges to misdemeanors after preliminary hearing but before offender's guilty pleas. |
Criminal Law and Procedure |
|
Jan. 8, 2015 | |
|
B244107
|
Montano v. The Wet Seal Retail Inc.
Nonseverable waiver of statutory representative action renders arbitration agreement unenforceable. |
Employment Law |
|
Jan. 8, 2015 | |
|
E058915
|
People v. Toure
Exigent circumstances allow for warrantless, non-consensual blood draw of resistant drunk driver, but sentence exceeds limit. |
Criminal Law and Procedure |
|
Jan. 7, 2015 | |
|
E060210
|
People v. Superior Court (Burton)
Trial court cannot postpone prisoner’s Proposition 36 resentencing petition to later reconsider prisoner’s dangerousness and eligibility for relief. |
Criminal Law and Procedure |
|
Jan. 7, 2015 | |
|
B255678
|
Schultz v. Workers’ Compensation Appeals Board
“Going and coming rule,” doesn’t deprive employee of workers’ compensation for injuries suffered in accident while driving on air force base where his employer is located. |
Workers' Compensation |
|
Jan. 7, 2015 | |
|
B244487
|
People v. Solis
Convictions for uncharged but related, lesser offenses may stem from one charged offense. |
Criminal Law and Procedure |
|
Jan. 7, 2015 | |
|
B251767
|
Sarun v. Dignity Health
Hospital's allegedly inflated fees enough to provide plaintiff standing. |
Health Care |
|
Jan. 7, 2015 | |
|
E060260
|
People v. Superior Court (Williams)
Trial court cannot postpone prisoner’s Proposition 36 resentencing petition to later reconsider prisoner’s dangerousness and eligibility for relief. |
Criminal Law and Procedure |
|
Jan. 7, 2015 | |
|
F068287
|
Donahue Schriber Realty Group Inc. v. Nu Creation Outreach
Solicitors may be enjoined from soliciting donations on sidewalks next to store entrances at private shopping center because such area is not ‘public forum.’ |
Constitutional Law |
|
Jan. 7, 2015 | |
|
10-73215
|
Abdisalan v. Holder
Board of Immigration Appeals’ mixed decision is not a final order of removal that triggers 30-day window in which petitioner must appeal. |
Immigration |
|
Jan. 7, 2015 | |
|
12-15737
|
Davis v. Electronic Arts Inc.
Former NFL players’ claims for unauthorized use of their likenesses against video game company not barred by ‘incidental use’ defense. |
Constitutional Law |
|
Jan. 7, 2015 | |
|
A139216
|
Rivero v. Lake County Board of Supervisors
Lake County Sheriff entitled to independent counsel in dispute with district attorney for entirety of his tenure as sheriff. |
Government |
|
Jan. 7, 2015 | |
|
S213003
|
Hudec v. Superior Court (People)
Respondent may not be compelled to testify at trial for extension of his not-guilty-by-reason-of-insanity commitment. |
Criminal Law and Procedure |
|
Jan. 6, 2015 |