Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
D073449
|
Webb v. City of Riverside
Transfer of funds from utility to City of Riverside's general fund not an improper tax, where ratepayers see no increase in rates than previously assessed rates. |
Tax |
|
J. McConnell | May 15, 2018 |
S231549
|
United Riggers & Erectors, Inc. v. Coast Iron & Steel Co.
Code of Civil Procedure Section 8814(c) applies where 'good faith dispute exists over a statutory or contractual precondition to that payment.' |
Civil Procedure |
|
M. Cuéllar | May 15, 2018 |
B283427
|
People v. Ogunmowo
Order denying motion to vacate drug trafficking conviction for ineffective assistance of counsel reversed and remanded where counsel’s deficient performance prejudices defendant. |
Criminal Law and Procedure |
|
V. Chaney | May 14, 2018 |
A153684
|
Contractors' State License Bd. v. Superior Court
Under California Law, high level government officials aren't subject to deposition, unless the official has direct, personal knowledge or factual information pertaining to material issues in the action. |
Civil Procedure |
|
J. Humes | May 14, 2018 |
C083175
|
Blue v. California Office of the Inspector General
To prevail on Public Safety Officers Procedural Bill of Rights claim, officers denied representation in OIG interview over use of force practices in prison must have been under existing or potential investigation. |
Civil Procedure |
|
A. Hoch | May 14, 2018 |
B264478
|
Strategic Concepts, LLC v. Beverly Hills Unified School Dist.
A trial court erred by instructing a jury that Government Code Section 1090 does not apply to independent contractors. |
Contracts |
|
A. Gilbert | May 14, 2018 |
C084702
|
Huang v. Hanks
Trial court did not err in dismissing spate of preposterous civil harassment claims against, e.g., Monica Lewinsky and the Dalai Lama, though court did not cite statute or legal premise for dismissal. |
Civil Procedure |
|
V. Raye | May 14, 2018 |
A148482
|
Modification: Fischer v. Fischer
Family court did not abuse its discretion in denying protective order authorized under Domestic Violence Prevention Act, which gives broad discretion to courts even when the abuse is evidenced. |
Family Law |
|
J. Richman | May 14, 2018 |
17-35640
|
U.S. Chamber of Commerce v. City of Seattle
Municipal ordinance not 'clearly articulated and affirmatively expressed' state policy and thus does not qualify for state-action immunity under Sherman Act. |
Labor Law |
|
M. Smith | May 14, 2018 |
16-15473
|
Caldwell v. City and County of San Francisco
Genuine issue of fact as to officer's allegedly improperly-arranged 'show-up,' and fabricated statement by suspect where released inmate brings Section 1983 claim. |
Civil Rights |
|
A. Tashima | May 14, 2018 |
15-35410
|
Snapp v. BNSF Railway
Court’s characterization of employee’s burden as burden of proof rather than burden of production affirmed under ‘Dark v. Curry County.’ |
Employment Law |
|
M. Melloy | May 14, 2018 |
D073119
|
Marriage of G.C. and R.W.
Domestic partnership from other state must be 'substantially equivalent' to California Domestic Partnership for similar treatment under Family Code. |
Family Law |
|
C. Aaron | May 11, 2018 |
G054146
|
Newport Harbor Offices & Marina, LLC v. Morris Cerullo
Judgment denying anti-SLAPP motion reversed in part and remanded where plaintiff fails to show ‘its claims based on protected activity are legally sufficient and supported by prima facie showing of facts.’ |
Anti-SLAPP |
|
R. Fybel | May 11, 2018 |
E060438
|
Modification: People v. Perez
Trial counsel's failure to object to testimony of prosecution's gang expert constitutes forfeiture of defendant's right to challenge case-specific testimony under 'People v. Sanchez.' |
Criminal Law and Procedure |
|
M. Ramirez | May 11, 2018 |
A149740
|
People v. Guzman
Where intervening statutory amendment changes meaning or reach of probation condition, trial court has jurisdiction to clarify said condition. |
Criminal Law and Procedure |
|
W. Smith | May 11, 2018 |
B278537
|
Hacker v. Homeward Residential, Inc.
Judgment denying leave to amend reversed where plaintiff who proposes new facts on appeal shows standing to bring cause of action. |
Civil Procedure |
|
J. Johnson | May 11, 2018 |
B280630
|
People v. Valenzuela
Regardless of what verdict forms are returned, the jurors' oral declaration is the true return of the verdict. |
Criminal Law and Procedure |
|
V. Chaney | May 11, 2018 |
B275295
|
Charles v. Sutter Home Winery, Inc.
'Safe harbor' warning prescribed by agency requiring wine sellers to note product may increase cancer risk or cause birth defects meets standard of Prop 65; no additional warning re: inorganic arsenic required under the regulatory scheme. |
statutory_interpretation |
|
N. Epstein | May 11, 2018 |
16-55691
|
Palm v. Los Angeles Dept. of Water and Power
Los Angeles City Employees do not have a vested protected interest if they are employed in a probationary position and therefore if they are dismissed, cannot claim due process violation. |
Employment Law |
|
C. Callahan | May 11, 2018 |
16-35204
|
Adidas America v. Skechers USA
Preliminary injunction in unregistered trade dress suit proper where exclusive production and advertising of adidas' Stan Smith shoe creates 'secondary meaning' and where rival's shoe was 'unmistakably' similar. |
Civil Procedure |
|
J. Nguyen | May 11, 2018 |
S237602
|
People v. Adelmann
Resentencing petition must be filed in original sentencing court even where probationary transfer has taken place. |
statutory_interpretation |
|
C. Corrigan | May 11, 2018 |
B277893
|
Pebley v. Santa Clara Organics
Injured plaintiff who elects not to use an available health insurance plan will be treated as 'uninsured' and allowed to present bills evidenced economic damages. |
Civil Procedure |
|
S. Perren | May 10, 2018 |
B283858
|
People v. Jimenez
Under Prop 47 felony identity theft convictions properly reduced to misdemeanor shoplifting offenses where stolen checks valued at less than $950. |
Criminal Law and Procedure |
|
S. Perren | May 10, 2018 |
B279643
|
Lamar Advertising Co. v. County of Los Angeles
Under state law re-erection of billboard is not 'customary maintenance;' may be interfered with by local authority. |
Municipal Law |
|
D. Rubin | May 10, 2018 |
B279929
|
Modification: People v. Billingsley
Though court noted it would likely not have stayed mandatory firearm enhancement even if it had discretion to do so, remand necessary for reconsideration after statutory amendments grant such discretion. |
Criminal Law and Procedure |
|
J. Segal | May 10, 2018 |
B278022
|
Maldonado v. Epsilon Plastics
Employer failed to carry burden of showing Alternative Work Schedule was properly adopted where no evidence pre-adoption vote taken. |
Labor Law |
|
L. Rubin | May 10, 2018 |
07-99008
|
U.S. v. Mikhel
Treaty against hostage-taking, which includes preamble referencing international terrorism, does not prescribe that as element of crime defendants taking hostages must have nexus to such terrorism. |
Criminal Law and Procedure |
|
J. Bybee | May 10, 2018 |
15-16173
|
Amended Opinion: Davidson v. Kimberly-Clark Corp.
Consumer alleging fraud has standing to pursue injunctive relief where consumer faces 'imminent or actual threat of future harm.' |
Consumer Law |
|
M. Murguia | May 10, 2018 |
16-16415
|
Ward v. U.S.
Order |
|
May 10, 2018 | ||
17-15124
|
Oman v. Delta Air Lines
Order |
|
May 10, 2018 |