Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
G053424
|
People v. Tran
Case remanded where juvenile sentencing hearing precedes decision that affords such offenders right to present evidence for possibility of future parole. |
Criminal Law and Procedure |
|
W. Bedsworth | Mar. 21, 2018 |
16-1363
|
Nielsen v. Preap
Order |
|
Mar. 20, 2018 | ||
A148959
|
People v. Aguirre
Total amount of counterfeit currency possessed by defendant properly determines whether defendant qualifies for Prop 47 resentencing based on $950 benchmark. |
Criminal Law and Procedure |
|
K. Banke | Mar. 20, 2018 |
B280042
|
Quanta Computer Inc. v. Japan Communications Inc.
Court does not abuse its discretion in declining to exercise jurisdiction pursuant to its finding of no connection between dispute and state, an alternative forum, and no public interest in state. |
Civil Procedure |
|
S. Kriegler | Mar. 20, 2018 |
B270487
|
Modification: Redfearn v. Trader Joe's Company
Intentional interference of contractual relations tort may be successfully brought even against nonparty whose performance is contemplated in sued-over contract. |
Torts |
|
D. Perluss | Mar. 20, 2018 |
D071106
|
West Coast Air Conditioning Co. v. California Department of Corrections and Rehabilitation
Promissory estoppel damages properly awarded to firm for firm's bid preparation costs, where court deemed firm should have received project as 'lowest responsible bidder.' |
Remedies |
|
P. Benke | Mar. 20, 2018 |
C081532
|
People v. Cabrera
Revisiting and vacating a sentencing court's conclusions that defendant's prior convictions were serious felonies under relevant statutes is beyond the scope of Section 1170.126 of the Three Strikes Reform Act. |
Criminal Law and Procedure |
|
E. Duarte | Mar. 20, 2018 |
15-56389
|
Sali v. Corona Regional Medical Center
Rule of Civil Procedure 37(a) allows court to issue order compelling deposition of nonparty expert witness and impose sanctions upon non-compliant party if witness fails to appear where sanctions are reasonable. |
Attorneys |
|
J. Nguyen | Mar. 20, 2018 |
H042938
|
J. Arthur Properties, II, LLC v. City of San Jose
City properly deems marijuana collective does not qualify as 'medical office,' under municipal code definition; cannot qualify as legal nonconforming use. |
Municipal Law |
|
A. Grover | Mar. 20, 2018 |
C080658
|
Modification: In re I.F.
Age of juvenile defendant must be considered under the totality of the circumstances when determining if he is in custody. |
Juveniles |
|
Mar. 20, 2018 | |
D071863
|
Don't Cell Our Parks v. City of San Diego
Denial of petition challenging city’s authorization of construction in public park affirmed where city charter gives city discretion to determine whether project constitutes change requiring vote. |
Municipal Law |
|
G. Nares | Mar. 19, 2018 |
C084592
|
People v. Jordan
To promote judicial economy, Penal Code Section 1237.2 requires defendant to bring minor ministerial contention in original appeal that includes other, more substantial contentions. |
Criminal Law and Procedure |
|
R. Robie | Mar. 19, 2018 |
B270903
|
People v. Almanza
Though statutory amendment allows trial court retroactive discretion to strike previously-mandatory enhancement, no purpose to remand where trial court had evinced 'no desire to be lenient' with first degree murder defendant. |
Criminal Law and Procedure |
|
A. Gilbert | Mar. 19, 2018 |
D073012
|
Petrolink, Inc. v. Lantel Enterprises
Judgment denying request to subtract value of rents paid to lessor after lessee validly exercises purchase option from property's purchase price reversed where rent obligation terminates upon exercise of option. |
Contracts |
|
C. Aaron | Mar. 19, 2018 |
D072852
|
Corley v. San Bernardino County Fire Protection District
Trial court does not err by refusing to offer jury instruction pertaining to lead fire chiefs, where plaintiff in age discrimination suit was a division chief. |
Civil Procedure |
|
C. Aaron | Mar. 19, 2018 |
F074265
|
Big Oak Flat-Groveland Unified School District v. Superior Court of Tuolumne
Petition granted where Government Code Section 935 allows local entity to implement its own government claim presentation requirement for claims that are exempted by presentation requirements in Section 905(m). |
statutory_interpretation |
|
B. Hill | Mar. 19, 2018 |
16-16152
|
Byrd v. Phoenix Police Deptartment
Courts have an obligation to construe pro se filings liberally, particularly in civil rights cases. |
Civil Rights |
|
P. Curiam (9th Cir.) | Mar. 19, 2018 |
Opinion |
Attorneys |
|
Mar. 19, 2018 | ||
B283217
|
Saheli v. White Memorial Medical Center
Arbitration agreement exception for sections 'not arbitrable' under state law does not prevent arbitration where state law is preempted by FAA. |
statutory_interpretation |
|
T. Bigelow | Mar. 16, 2018 |
16-16103
|
American Bankers Management Co. v. Heryford
Arrangement allowing private plaintiff to represent public on contingency-fee basis does not violate due process where arrangement is not 'meaningfully different' from case finding that qui tam provisions of false claims act do not violate due process. |
Civil Rights |
|
M. Friedland | Mar. 16, 2018 |
15-16953
|
U.S. ex rel. Solis v. Millennium Pharmaceuticals
'Original source' exception to False Claims Act prior public disclosure bar does not require relator to show he 'had a hand in' prior disclosure. |
Civil Procedure |
|
J. Wallace | Mar. 16, 2018 |
S246541
|
Wishnev v. Northwestern Mutual Life Insurance
Order |
|
Mar. 16, 2018 | ||
D071502
|
Davidson v. Seterus, Inc.
Order sustaining demurrer reversed and remanded where mortgage servicers and lenders are debt collectors under the Rosenthal Fair Debt Collection Practices Act. |
statutory_interpretation |
|
C. Aaron | Mar. 15, 2018 |
13-56332
|
Ventura Content v. Motherless
Operator of pornography aggregator qualifies for DMCA safe harbor defense where he lacked actual or apparent knowledge of copyright violations and acted expeditiously to remove them from site when made aware. |
Copyright |
|
A. Kleinfeld | Mar. 15, 2018 |
G053739
|
MMM Holdings, Inc. v. Reich
Anti-SLAPP dismissal proper where plaintiffs sued over fired employee's retention and use of work-related files in a qui tam action alleging insurance fraud against plaintiffs. |
Anti-SLAPP |
|
R. Ikola | Mar. 14, 2018 |
D071872
|
AO Alpha-Bank v. Yakovlev
Service of process must be reasonably calculated to provide actual notice under the circumstances of the case in order to satisfy due process |
Civil Procedure |
|
W. Dato | Mar. 14, 2018 |
D070360
|
Marriage of Pearson
Family Code Section 271 does not preclude court from issuing order to withhold part of spousal support to satisfy sanctions. |
Family Law |
|
W. Dato | Mar. 14, 2018 |
B276786
|
People v. Mireles
Defendant properly convicted of robbery where he swaps price tags of items in store and swings fist at worker attempting to prevent his taking. |
Criminal Law and Procedure |
|
A. Johnson | Mar. 14, 2018 |
C080256
|
Modification: In re Marriage of Connolly
Court order adding interest to final judgment of another state reversed where full faith and credit clause bars court from modifying final judgment. |
Family Law |
|
E. Duarte | Mar. 14, 2018 |
C080680
|
Ponce v. Wells Fargo Bank
Complaint that asserts nonfrivolous claims cannot be presented for improper purpose under Code of Civil Procedure Section 128.7. |
Civil Procedure |
|
J. Renner | Mar. 14, 2018 |