Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
E068516
|
County of Riverside v. Estabrook
Under Family Code Section 7551, genetic testing was mandatory because there was a civil proceeding, paternity was a relevant fact, it was timely requested by a party, and testing would be for father. |
Family Law |
|
D. Miller | Jan. 9, 2019 |
18-56
|
Shoop v. Hill
For federal court to set aside state court criminal decision, said decision must violate clear Supreme Court precedent on the books at the time of the state court's decision. |
Criminal Law and Procedure |
|
P. Curiam (USSC) | Jan. 8, 2019 |
17-1660
|
Escondido v. Emmons
For qualified immunity to be denied, 'clearly established right at issue must be defined with specificity;' not sufficient specificity where court relies on fairly general right 'to be free of excessive force.' |
Qualified Immunity |
|
P. Curiam (USSC) | Jan. 8, 2019 |
B283406
|
Doe v. Allee
A student's right to a fair hearing is violated when an investigator acts as prosecutor and tribunal, and can make factual findings, decide credibility, and impose discipline on a student. |
Education |
|
T. Willhite | Jan. 8, 2019 |
A151986
|
Furry v. East Bay Publishing
Because employer failed to keep accurate records of employee's work hours, imprecise evidence by the employee provided a sufficient basis for damages as to overtime claim. |
Labor Law |
|
K. Kelly | Jan. 8, 2019 |
A150562
|
Strawn v. Morris, Polich & Purdy
Prelitigation communications are privileged only when litigation is no longer a mere possibility, but instead when litigation is contemplated in good faith and under serious consideration. |
Attorneys |
|
J. Kline | Jan. 8, 2019 |
18-302
|
Iancu v. Brunetti
Order |
|
Jan. 8, 2019 | ||
18-459
|
Emulex Corp. v. Varjabedian
Order |
|
Jan. 8, 2019 | ||
18-489
|
Taggart v. Lorenzen
Order |
|
Jan. 8, 2019 | ||
18-431
|
U.S. v. Davis
Order |
|
Jan. 8, 2019 | ||
18-195
|
Poff v. U.S.
Order |
|
Jan. 8, 2019 | ||
18-227
|
Wolfe v. Virginia
Order |
|
Jan. 8, 2019 | ||
B282971
|
International Brotherhood of Teamsters v. City of Monterey Park
City breached its duty under Labor Code Section 1072 to award bidding preference only to contractors who declare in their bids they will retain existing employees for at least 90 days. |
Labor Law |
|
J. Segal | Jan. 8, 2019 |
D073527
|
Modification: In re Cody R.
Petitioner's claim that custody was wrongfully withheld from the child's relative was not grounds for habeas corpus petition; habeas corpus may be filed in dependency cases only in limited circumstances. |
Juveniles |
|
W. Dato | Jan. 8, 2019 |
B286730
|
O'Gara Coach Co., LLC v. Ra
A law firm that hires a nonlawyer who possesses an adversary's confidences creates a situation, similar to hiring an adversary's attorney who must protect an adversaries client confidences. |
Attorneys |
|
D. Perluss | Jan. 8, 2019 |
B286350
|
Licudine v. Cedars-Sinai Medical Center
Section 998 offer not made in good faith when made five days after defendant filed its answer, defendant had very little information available, and plaintiff never responded to that concern. |
Civil Procedure |
|
B. Hoffstadt | Jan. 7, 2019 |
B281704
|
Brown v. Mortensen
Nominal statutory damages are legal rather than equitable as they serve as a penalty. As such, a plaintiff has a constitutional right to have such claims tried before a jury. |
Civil Procedure |
|
B. Currey | Jan. 7, 2019 |
B284068
|
JMS Air Conditioning etc. v. Santa Monica Community College
Due to limited scope and non-fundamental nature of substitution hearing under Public Contract Code Section 4107, a limited amount of process is required; thus appellant was not deprived of due process. |
Administrative Agencies |
|
F. Rothschild | Jan. 7, 2019 |
A147962
|
Luxor Cabs, Inc. v. Applied Underwriters Captive Risk
An insurer cannot circumvent the comprehensive regulatory structure applicable to the issuance of workers' compensation insurance simply by amending its approved policy forms through a side agreement with a subsidiary. |
Insurance |
|
T. Reardon | Jan. 7, 2019 |
C083509
|
People v. Chatman
Fact that woman was already plying prostitution trade not bar to conviction of defendant for 'procuring' her 'for the purpose of prostitution.' |
Criminal Law and Procedure |
|
V. Raye | Jan. 7, 2019 |
F075102
|
Nisei Farmers League v. California Labor and Workforce Development Agency
For a statute to avoid being deemed unconstitutionally vague, it must contain an adequately discernible standard that possesses a reasonable degree of specificity. Detailed specificity is unnecessary. |
Labor Law |
|
H. Levy | Jan. 7, 2019 |
G054522
|
Yu v. Liberty Surplus Ins. Corp.
Damage amount in initial complaint not incorporated by reference into cross-complaint; initial complaint's damage amount of 'Not less than $10 million' was at odds with cross-complaint's damages 'in an amount precisely unknown.' |
Civil Procedure |
|
E. Moore | Jan. 7, 2019 |
F074334
|
Caltec AG v. Dept. of Pesticide Regulation
When read together, Food and Agricultural Code Sections 12753 and 14513 precludes any material classified as a 'pesticide' from also being classified as an 'auxiliary soil and plant substance, but not vice versa. |
Environmental Law |
|
D. Franson | Jan. 4, 2019 |
B287001
|
Stratton v. Beck
An appellate court's order for parties to bear their own 'costs' during appeal does not include attorney fees, which are therefore recoverable at the trial court level. |
Remedies |
|
A. Collins | Jan. 4, 2019 |
G054375
|
Modification: In re E.P.
Penal Code Section 459.5(a)'s definition of 'shoplifting' is not used in its colloquial sense; thus, stealing property from private citizens and from a locker room in commercial establishment could constitute 'shoplifting.' |
Criminal Law and Procedure |
|
R. Aronson | Jan. 4, 2019 |
B287735
|
Modification: W.M. v. V.A.
Trial court erred when it found it could not exercise its jurisdiction under Uniform Child Custody Jurisdiction and Enforcement Act; notice and opportunity to be heard was not given. |
Family Law |
|
E. Grimes | Jan. 4, 2019 |
C085863
|
Rymel v. Save Mart Supermarkets
Claims that involve rights conferred upon an employee under state law, and do not require a CBA to be interpreted, are not preempted by Labor Management Relations Act Section 301. |
Labor Law |
|
E. Duarte | Jan. 3, 2019 |
D074947
|
Lief v. Superior Court
Family court erred when it ruled Code of Civil Procedure Section 917.7's 30-day statutory stay commenced with its tentative decision because a tentative decision does not constitute a judgment. |
Civil Procedure |
|
J. Irion | Jan. 3, 2019 |
14-16161
|
Ibrahim v. DHS
In determining whether the government acted in bad faith, for purposes of attorney fees under the EAJA, the district court must take into consideration the totality of the circumstances. |
Remedies |
|
K. Wardlaw | Jan. 3, 2019 |
18-15845
|
Democratic National Committee v. Reagan
Order |
|
Jan. 3, 2019 |