Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
A151896
|
Atwell v. City of Rohnert Park
Trial court properly found that a petition barred by res judicata where prior plaintiffs sued over similar city action approving retail development. |
Environmental Law |
|
S. Margulies | Sep. 28, 2018 |
C076998
|
Martine v. Heavenly Valley L.P.
Appellant's common carrier argument failed because rescue patrollers, at a patroller's discretionary election, transport injured skiers to the bottom of the mountain without any apparent compensation. |
Torts |
|
H. Hull | Sep. 28, 2018 |
A151967
|
In re L.O.
Accessing social media sites is a fundamental principle of the First Amendment, as all persons 'must have access to places where they can speak and listen.' |
Juveniles |
|
A. Tucher | Sep. 28, 2018 |
A150444
|
Modification: Findleton v. Coyote Valley Band of Pomo Indians
Appellants failed to oppose fee motion on the merits in superior court; thus waived the issue. |
Native American Affairs |
|
T. Stewart | Sep. 28, 2018 |
F073689
|
Marriage of Morton
The trial court erred when it excluded husband's income tax returns from his net income available for child support. |
Family Law |
|
D. Franson | Sep. 28, 2018 |
S249923
|
Rockefeller Technology Investments (Asia) VII v. Changzhou Sinotype Technology
Order |
|
Sep. 28, 2018 | ||
S250149
|
Skidgel v. California Unemployment Insurance Appeals Board
Order |
|
Sep. 28, 2018 | ||
A150284
|
Estate of Obata
Probate court correctly ruled that California law recognizes the Japanese practice called 'yoshi-engumi' as an adoption within the meaning of Probate Code Sections 6450 and 6451. |
Family Law |
|
S. Pollak | Sep. 28, 2018 |
17-35897
|
AFDI v. King County
Giving offense is a viewpoint, thus rejecting an advertisement solely because it offends is deemed not to be viewpoint neutral |
Constitutional Law |
|
S. Graber | Sep. 28, 2018 |
C085850
|
Department of Corrections v. W.C.A.B.
Section 4660 should be used when administrative judge makes determination of overall permanent disability. |
Workers' Compensation |
|
R. Robie | Sep. 27, 2018 |
C084065
|
Jones v. IDS Property Casualty Insurance Co.
Insurance company's per-person limit was properly applied to limit payout of damages, though separate damages had been awarded to spouse for loss of consortium, as latter arises from 'bodily injury to...spouse who can no longer perform.' |
Insurance |
|
E. Duarte | Sep. 27, 2018 |
A144214
|
People ex rel. Becerra v. Huber
Two of three causes of action against 'Indian' were criminal in nature; thus state court had plenary criminal jurisdiction to hear those cases under Public Law 280, Section 2. |
Native American Affairs |
|
J. Streeter | Sep. 27, 2018 |
NC-16-1405
|
In re: Richard R. Lane
Because lack of standing argument did not invalidate Appellant's lien, bankruptcy court erroneously voided the first-position lien under Bankruptcy Code Section 506(d) based on disallowance of the claim. |
Bankruptcy |
|
J. Brand | Sep. 27, 2018 |
16-56638
|
American Airlines v. Mawhinney
Department of Labor independent investigations do not subject the investigated party to the waiver of any arbitration right it has in regards to the claims being investigated |
Employment Law |
|
Sep. 27, 2018 | |
16-55167
|
USSEC v. Schooler
District court correctly ruled in favor of SEC, where a company's general partnership interests were actually investment contracts and qualified as securities under federal law. |
Securities |
|
N. Smith | Sep. 27, 2018 |
A151727
|
People v. Fews
Patsearch of passenger in vehicle may be supported by reasonable suspicion whether or not vehicle search itself was supported by probable cause. |
Constitutional Law |
|
R. Dondero | Sep. 26, 2018 |
E069626
|
In re Molly T.
The disentitlement doctrine is not only applicable to disobedience of an order being appealed; it also applies to 'egregious' conduct that frustrates a juvenile court from carrying out its orders. |
Family Law |
|
C. Codrington | Sep. 26, 2018 |
A150444
|
Findleton v. Coyote Valley Band of Pomo Indians
Appellants failed to oppose fee motion on the merits in superior court; thus waived the issue. |
Native American Affairs |
|
T. Stewart | Sep. 26, 2018 |
C077302
|
Sumner v. Simpson University
The ministerial exception does not bar breach of contract claims so long as such claims do not require a review of the employee's religious qualifications or performance. |
Employment Law |
|
C. Blease | Sep. 26, 2018 |
17-71416
|
Myers v. Sessions
Appellate panel may only base affirmance of removal on grounds considered and decided by BIA; remand required where evidence unclear as to petitioner's cancellation attempt based on continuous presence in United States. |
Immigration |
|
R. Clifton | Sep. 26, 2018 |
17-35162
|
Fidelitad Inc. v. Insitu Inc.
A private entity must be involved in an effort to assist, or to help carry out, the duties of a federal superior in order to invoke 28 U.S.C. Section 1442(a)(1). |
Civil Procedure |
|
A. Hurwitz | Sep. 26, 2018 |
14-16078
|
O'Connor v. Uber
District court's denial of Uber's motion to compel arbitration was reversed; the question of arbitrability was designated to the arbitrator. |
Arbitration |
|
R. Clifton | Sep. 26, 2018 |
C079281
|
North Valley Mall v. Longs Drug Stores
Reverse triangular merger did not effect a de factor merger; there was no evidence that defendants structured it to disadvantage creditors or shareholders. |
Corporations |
|
C. Blease | Sep. 26, 2018 |
B284738
|
Shenouda v. Veterinary Med. Bd.
Appellant failed to identify the factual findings he was challenging and provided few citations to the administrative record to support his argument; thus he forfeited his assignment of error. |
Evidence |
|
T. Willhite | Sep. 25, 2018 |
G054578
|
Ayon v. Esquire Deposition Solutions
Summary judgment may not be denied solely on the basis of the credibility of the moving party's witnesses. |
Torts |
|
R. Ikola | Sep. 25, 2018 |
16-56633
|
Rubin v. U.S.
District court improperly rejected taxpayer's amended returns given they adequately identified inconsistencies between his tax returns and those of his S Corporation. |
Tax |
|
R. Clifton | Sep. 25, 2018 |
C079613
|
Turner v. Seterus, Inc.
Under Civil Code Section 2924c, trustor is entitled to make back payments and reinstate the terms of the loan; thus, tender of the full amount of the loan was unnecessary. |
Real Property |
|
R. Robie | Sep. 25, 2018 |
A146060
|
Modification: Williams v. The Pep Boys
A trial court erred in failing to award damages for the costs of providing home health services to decedent where he was cared for at home. |
Torts |
|
E. Schulman | Sep. 25, 2018 |
E067240
|
Moss Bros. Toy, Inc. v. Ruiz
A trial court properly granted an anti-SLAPP motion where the complaint was based on protected activity. |
Anti-SLAPP |
|
R. Fields | Sep. 24, 2018 |
B284031
|
Melissa G. v. Raymond M.
The trial court erred when it interpreted Family Code Section 6305 as not requiring factual findings when two parties seek restraining orders against each other based on separate incidents. |
Family Law |
|
C. Moor | Sep. 24, 2018 |