Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
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 |
16-35301
|
Thompson v. Copeland
Officer who pointed loaded gun at suspect's head entitled to qualified immunity when excessive force in such circumstances not clearly established under then-current law |
Qualified Immunity |
|
M. McKeown | Mar. 14, 2018 |
16-10362
|
U.S. v. Obak
Guam is 'district' such that not constitutional violation to try defendant there when crime took place, in part, in Guam. |
Constitutional Law |
|
M. McKeown | Mar. 14, 2018 |
C082890
|
People v. Johnson
Where defendant engages in "out of control, self-destructive, and extremely odd" behavior at trial, substantial evidence requires mid-trial competency evaluation, despite court's belief that defendant was faking behavior. |
Criminal Law and Procedure |
|
V. Raye | Mar. 14, 2018 |
E068174
|
In re D.P.
Welfare and Institutions Code time limit for prosecutor to institute proceedings against ward of the juvenile court is directory rather than mandatory |
Juveniles |
|
M. Ramirez | Mar. 13, 2018 |
S111336
|
In re Figueroa
Judgment of conviction for murder vacated entirely where it is reasonably probable that result would have been different without false evidence presented at trial. |
Criminal Law and Procedure |
|
C. Corrigan | Mar. 13, 2018 |
S228230
|
People v. DeHoyos
Defendants who were sentenced before Prop 47's passage, but whose judgments were not final, are not entitled to automatic resentencing. |
Criminal Law and Procedure |
|
L. Kruger | Mar. 13, 2018 |
16-70725
|
California Pacific Bank v. Federal Deposit Insurance Corporation
A financial institution must establish and maintain procedures ensuring adequate controls, independent testing, administration, and training under the Bank Secrecy Act |
Banking |
|
Mar. 13, 2018 | |
14-55320
|
King v. County of Los Angeles
Summary judgment in favor of county official in official’s individual capacity affirmed where official is not personally involved in constitutional deprivation and there is no causal connection between official’s conduct and violation. |
Civil Rights |
|
W. Fletcher | Mar. 13, 2018 |
16-15014
|
Orr v. Plumb
Special verdict was a full adjudication of the issues, starting 150-day appellate timeline of Rule 58 of Federal Rules of Appellate Procdure; appeal filed more than 30 days thereafter was thus untimely. |
Civil Rights |
|
Mar. 13, 2018 | |
A149735
|
Dean v. Friends of Pine Meadow
Claims do not arise from commercial speech where speech alleged fails to satisfy 'Kasky v. Nike' elements for distinguishing commercial speech. |
Anti-SLAPP |
|
I. Ruvolo | Mar. 12, 2018 |
16-50102
|
U.S. v. Aguilar Diaz
District court must reconsider minor-role adjustment, where it erroneously assumed it could only consider defendant's role in drug smuggling in relation to identified individuals, and not against unknown individuals running operations. |
Criminal Law and Procedure |
|
M. Christen | Mar. 12, 2018 |
16-35957
|
Olympic Forest Coalition v. Coast Seafoods
Pollutants discharged from non-concentrated aquatic animal production facilities through pipes, ditches, and channels are point sources requiring permit under Clean Water Act. |
statutory_interpretation |
|
W. Fletcher | Mar. 12, 2018 |
15-50559
|
U.S. v. Verduzco-Rangel
Order of removal not fundamentally unfair because underlying conviction for drug trafficking was properly deemed aggravated felony. |
Immigration |
|
J. Rakoff | Mar. 12, 2018 |
C081471
|
GMRI, Inc. v. California Department of Tax and Fee Administration
Restaurant chains that had manager add large party gratuities to the bill without first conferring with the customer amounted to mandatory payments, subject to state taxation. |
Tax |
|
A. Hoch | Mar. 12, 2018 |
A146652
|
People v. Mathews
Probationer subject to search condition may not challenge officer's search, though officer was unaware of search condition, where officer would have known of condition but for probationer's dishonesty. |
Criminal Law and Procedure |
|
J. Humes | Mar. 12, 2018 |
B279393
|
People v. Liu
Felon may not avail herself of Prop 47's under-$950 theft crime reductions where defendant stolen credit card information and made fraudulent purchases totaling more than $950. |
Criminal Law and Procedure |
|
E. Grimes | Mar. 12, 2018 |
H043006
|
Munro v. Deptartment of Motor Vehicles
Arresting officer must at least ‘attempt’ to provide disruptive, drunk arrestee with requisite warning that driver’s license will be suspended if driver refuses chemical testing. |
statutory_interpretation |
|
A. Grover | Mar. 9, 2018 |
16-16860
|
In re Zappos.com
Customers whose personal data was hacked have standing to sue online retailer for creating a risk of impending harm. |
Constitutional Law |
|
M. Friedland | Mar. 9, 2018 |