Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
H045813
|
Wade v. Superior Court
Principles behind military diversion and purpose of Penal Code Section 1001.80 are rehabilitative, irrespective of misdemeanor charged; thus, defendant may be suitable for placement in military diversion program. |
Criminal Law and Procedure |
|
A. Grover | Apr. 1, 2019 |
H044953
|
Jackpot Harvesting, Inc. v. Applied Underwriters, Inc.
A collateral agreement materially modifying the dispute resolution terms of an insurance policy must be submitted along with the policy for regulatory approval under Insurance Code Section 11658. |
Insurance |
|
A. Danner | Apr. 1, 2019 |
A154389
|
In re J.C.
While probation officer has supervision and control over minors, juvenile court retains ultimate authority to determine whether and when minors successfully complete programs; thus, disposition order did not delegate authority to probation officer. |
Juveniles |
|
M. Simons | Apr. 1, 2019 |
B289648
|
People v. Warren
The Supreme Court has recognized that the crime of indecent exposure invariably entails no physical aggression or even contact; thus, trial court erred in denying defendant's petition. |
Criminal Law and Procedure |
|
S. Perren | Apr. 1, 2019 |
A152729
|
People v. Salinas-Jacobo
Discharge of a juror for misconduct requires the trial court set forth its reasoning relying on evidence that supports its conclusions that the juror could not perform. |
Criminal Law and Procedure |
|
M. Miller | Apr. 1, 2019 |
A152375
|
Connelly v. Bornstein
Code of Civil Procedure section 340.6, governs malicious prosecution claims against attorneys who perform professional services in the underlying litigation. |
Attorneys |
|
M. Simons | Apr. 1, 2019 |
A152525
|
People v. Morales
Because trial court reviewed an ambiguous record of defendant's convictions in order to find true prior strike allegations against him, it violated his constitutional right to a jury trial; thus, matter was remanded. |
Criminal Law and Procedure |
|
T. Brown | Apr. 1, 2019 |
G055496
|
Chen v. Berenjian
Litigation privilege does not extend to levying on property pursuant to a scheme to defeat a creditor's rights, violating the Uniform Voidable Transactions Act, because such conduct is not communicative. |
Civil Procedure |
|
R. Fybel | Apr. 1, 2019 |
B282014
|
Molinaro v. Molinaro
Piece of restraining order forbidding Facebook posts about divorce are unconstitutionally overbroad prior restraints. |
Family Law |
|
Apr. 1, 2019 | |
A152993
|
In re C.W.
Finding a child is at risk in a parent's custody and yet ordering the child placed with that parent is abuse of discretion, thwarts purpose of dependency juvenile courts. |
Dependency |
|
T. Stewart | Apr. 1, 2019 |
16-55727
|
Americans For Prosperity Foundation v. Becerra
Order |
|
Apr. 1, 2019 | ||
A150500
|
People v. Wilson
Admission of statistical evidence as to rarity of false sexual assault allegations inadmissible, because not helpful to jury regarding specific allegation at issue. |
Criminal Law and Procedure |
|
A. Tucher | Mar. 29, 2019 |
H043467
|
Marriage of Brooks
Substantial evidence supported trial court's finding that contributions of others, rather than Husband's contributions, caused increase in business's value after date of marriage; thus, 'Van Camp' apportionment method was properly applied. |
Family Law |
|
M. Greenwood | Mar. 29, 2019 |
B281003
|
Valdez v. Seidner-Miller, Inc.
Correction offer under Civil Code Section 1782(b) that would bar claims not subject to Consumer Legal Remedies Act notice requirements, and was conditioned on unilateral subjective determinations, was inappropriate. |
Consumer Law |
|
G. Feuer | Mar. 29, 2019 |
B281411
|
Johnson v. Raytheon Co.
An independent contractor's employee who suffers a work-related injury and seeks recovery from the contractor's hirer must meet either the *Hooker* or *Kinsman* exception to *Privette*. |
Employment Law |
|
E. Grimes | Mar. 29, 2019 |
G053688
|
Farmers & Merchants Trust Co. v. Vanetik
A contract will be enforced if it is sufficiently definite for the court to ascertain the parties' obligations and to determine if those obligations have been performed or breached. |
Contracts |
|
R. Fybel | Mar. 29, 2019 |
S253677
|
Donohue v. AMN Services
Order |
|
Mar. 29, 2019 | ||
S253783
|
Stancil v. Superior Court (Redwood City)
Order |
|
Mar. 29, 2019 | ||
S253593
|
Yahoo! v. National Union Fire Insurance Company of Pittsburgh, Pennsylvania
Order |
|
Mar. 29, 2019 | ||
18-10246
|
U.S. v. Artis
After district court properly struck portions of government's affidavit recounting facts establishing probable cause to believe defendant was engaged in credit card fraud, affidavit failed to support finding of probable cause. |
Criminal Law and Procedure |
|
P. Watford | Mar. 29, 2019 |
15-72092
|
Aguirre Barbosa v. Barr
Under the theft framework, a violation of Oregon Revised Statutes Section 164.395, a crime of robbery in the third degree, is not categorically a crime involving moral turpitude. |
Immigration |
|
S. Graber | Mar. 29, 2019 |
S246214
|
Gardner v. Superior Court
Prosecution's pretrial appeal of suppression motion is 'critical stage' of criminal process; California Constitution guarantees misdemeanor appellee's right to appointed counsel. |
Constitutional Law |
|
L. Kruger | Mar. 29, 2019 |
S237415
|
In re H.W.
Liability under Penal Code Section 466 requires intent to use a qualifying tool to break or gain entry into a structure to commit theft or any felony within the structure. |
statutory_interpretation |
|
M. Cuéllar | Mar. 29, 2019 |
S072161
|
People v. Potts
Rational trier of fact could have found that killings were deliberate and premeditated; defendant brought hatchet, his motive was to steal, and he plunged a lethal weapon into victims' chests. |
Criminal Law and Procedure |
|
T. Cantil-Sakauye | Mar. 29, 2019 |
17-1077
|
Lorenzo v. SEC
Rule 10(b) subsections (a) and (c) 'capture a wide range of conduct,' including the 'dissemination of false or misleading information with the intent to defraud,' whether or not disseminator was 'writer' of information. |
Securities |
|
S. Breyer | Mar. 28, 2019 |
B283956
|
Grossman v. Santa Monica-Malibu Unified School Dist.
Under Education Code Section 38134(i)(1), school district is not liable for injuries resulting from the negligence of a booster group using school facilities without school district's supervision or input. |
Torts |
|
G. Feuer | Mar. 28, 2019 |
C085091
|
People v. Eddy
Defendant has absolute right to decide objective of defense and to insist counsel refrain from admitting guilt even when counsel's experience-based view was that confessing guilt might yield best outcome. |
Criminal Law and Procedure |
|
P. Krause | Mar. 28, 2019 |
B286317
|
People v. Castellano
A defendant who fails to make a timely objection or motion to strike evidence at trial may not later claim that the admission of the evidence was error. |
Criminal Law and Procedure |
|
D. Perluss | Mar. 28, 2019 |
C087953
|
Last Frontier Healthcare Dist. v. Superior Ct.
Giving notice of intent to sue under Code of Civil Procedure Section 364 does not impact jurisdictional deadlines underlying an application for relief from the Government Claims Act. |
Civil Procedure |
|
J. Renner | Mar. 28, 2019 |
C084494
|
Olson v. Hornbrook Community Services Dist.
District violated Ralph M. Brown Act because it failed to adequately describe items it acted on in its consent agenda; thus, plaintiffs stated cause of action under Government Code Section 54960.1. |
Government |
|
R. Robie | Mar. 28, 2019 |