| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
13-1318
|
In re KVN Corp. Inc.
Carve-out agreement between trustee and bank is subject to presumption of impropriety, unless trustee fulfills duties and discloses deal, which must benefit estate. |
Bankruptcy |
|
Jul. 30, 2014 | |
|
G049024
|
People v. Hernandez
Appointed appellate counsel’s brief may not present 'arguable-but-unmeritorious' issues for consideration by appellate court. |
Criminal Law and Procedure |
|
Jul. 29, 2014 | |
|
12-15368
|
Rundgren v. Washington Mutual Bank F.A.
Federal court lacks jurisdiction to hear homeowners’ fraud claims against failed banking institution, which was placed into receivership of Federal Deposit Insurance Co. |
Banking |
|
Jul. 29, 2014 | |
|
13-50170
|
U.S. v. Hurtado
Defendant who smuggled 11.64 kilograms of cocaine into U.S. is not entitled to ‘minor role’ sentence reduction, even if other participants had above-average culpability. |
Criminal Law and Procedure |
|
Jul. 29, 2014 | |
|
B249255
|
Marriage of Daly and Oyster
Ex-wife may enforce mediated, unfiled marital settlement agreement after dismissal of first divorce petition, because agreement was not protected by mediation privilege. |
Family Law |
|
Jul. 29, 2014 | |
|
D062660
|
People v. Leonard
Pimp is guilty of aiding and abetting assault by using his wheelchair to block prostitute from escaping in her vehicle to facilitate mob’s severe beating. |
Criminal Law and Procedure |
|
Jul. 29, 2014 | |
|
C070475
|
Dameron Hospital Association v. AAA Northern California
Emergency room operator may not collect difference between customary charges and negotiated rates from third party tortfeasors under contract with patients’ insurer. |
Health Care |
|
Jul. 29, 2014 | |
|
S194388
|
People ex rel. Harris v. Pac Anchor Transportation Inc.
Federal Administration Authorization Act of 1994 does not preempt California unfair competition law action based on violations of state labor and insurance laws. |
Employment Law |
|
Jul. 28, 2014 | |
|
11-10058
|
U.S. v. Gowadia
Statements made by engineer, who leaked classified information, during interviews before arrest are admissible where time between confession and arrest was reasonable. |
Criminal Law and Procedure |
|
Jul. 28, 2014 | |
|
12-10520
|
U.S. v. Szabo
Veterans Affairs medical center patient, who was convicted of causing disturbance at facility, must bring overbreadth challenge to regulation in Federal Circuit. |
Criminal Law and Procedure |
|
Jul. 28, 2014 | |
|
12-50336
|
U.S. v. Valdez-Novoa
Mexican citizen may not overturn conviction for attempting to enter U.S. without consent by arguing immigration judge did not tell him he was eligible for voluntary departure. |
Criminal Law and Procedure |
|
Jul. 28, 2014 | |
|
12-60036
|
In re: Shawn Deitz,
Order |
|
Jul. 28, 2014 | ||
|
D063266
|
People v. Castillo
Defense counsel's incorrect advice on maximum sentence does not prejudice defendant, who hoped to win motion regarding informants, instead of making lower offer. |
Criminal Law and Procedure |
|
Jul. 28, 2014 | |
|
A140308
|
St. Croix v. Superior Court (Grossman)
San Francisco does not have to disclose communications between Ethics Commission and City Attorney’s Office regarding legal advice on commission’s proposed regulations. |
Government |
|
Jul. 28, 2014 | |
|
B251788
|
Templeton Action Commitee v. County of San Luis Obispo (Templeton Properties)
Developer may dismiss action due to failure to file within 90 days of decision to allow development, even if it did not comply with fictitious name statute. |
Real Property |
|
Jul. 28, 2014 | |
|
F065225
|
People v. Redd
Inmate’s alleged conspiracy with prison cook to smuggle cell phones and tobacco into prison does not justify conviction for obstruction of justice. |
Criminal Law and Procedure |
|
Jul. 28, 2014 | |
|
C073942
|
Lowe v. Superior Court (People)
Trial court may use facts from jury trial of felon convicted of possessing firearm in finding him ineligible for Three Strikes resentencing, despite reversal of other charges. |
Criminal Law and Procedure |
|
Jul. 27, 2014 | |
|
09-17339
|
McDaniels v. Kirkland
California appellate court has no duty to augment record to allow for comparative juror analysis when analyzing whether prosecutor excluded African-American jurors based on race. |
Criminal Law and Procedure |
|
Jul. 27, 2014 | |
|
11-17051
|
Fong v. Ryan
Prosecutor’s use of detective’s allegedly false testimony regarding identity of suspect obtained from informant does not require reversal of murder convictions. |
Criminal Law and Procedure |
|
Jul. 27, 2014 | |
|
12-16252
|
Daubert v. Lindsay Unified School District
School district need not structurally alter bleachers at high school football field where seating was built before ADA and other viewing areas were offered. |
Civil Rights |
|
Jul. 27, 2014 | |
|
A139869
|
J.G., a Minor
Pistol found in minor's backpack may not be used as evidence because detention occurred when he was told to sit on curb while four officers were present. |
Juveniles |
|
Jul. 27, 2014 | |
|
B252073
|
State of California v. Superior Court (Bristol-Myers Squibb Co.)
Drug company only needs to make claims that are ‘in some manner deceitful’ to trigger possible civil penalties for bribing physicians to prescribe its drugs. |
Health Care |
|
Jul. 27, 2014 | |
|
C073731
|
People v. Elder
Inmate may not recall indeterminate life sentence, given that he was considered 'armed' when he committed offense of unlawful gun possession while being a felon. |
Criminal Law and Procedure |
|
Jul. 27, 2014 | |
|
F067567
|
Citizens Opposing a Dangerous Environment v. County of Kern (North Sky River Energy LLC)
County’s approval of wind farm does not violate CEQA because mitigation measure requiring compliance with FAA regulations minimizes air safety hazards. |
Environmental Law |
|
Jul. 27, 2014 | |
|
S219236
|
Desaulles v. Community Hospital of the Monterey Peninsula
Order |
|
Jul. 24, 2014 | ||
|
G048746
|
People v. Catalan
After felon violated terms of mandatory supervision for first time by opening checking account without permission, court properly adds 550 days to county jail sentence. |
Criminal Law and Procedure |
|
Jul. 24, 2014 | |
|
S092240
|
People v. Boyce
Capital defendant is entitled to resentencing on aspect of determinate sentence where trial court imposed upper term on robbery count without true finding by jury. |
Criminal Law and Procedure |
|
Jul. 24, 2014 | |
|
G048132
|
People v. Shapiro
California man may be convicted of contacting 16-year-old victim on Internet to commit sex crime when victim was in Indiana, where age of consent is 16. |
Criminal Law and Procedure |
|
Jul. 24, 2014 | |
|
E056132
|
People v. Sweeney
Operators of online business engage in unlawful ‘endless chain scheme’ by selling memberships with promises of compensation based on recruitment of new members. |
Criminal Law and Procedure |
|
Jul. 24, 2014 | |
|
S218597
|
DKN Holdings v. Faerber
Order |
|
Jul. 24, 2014 |