Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
A146573
|
Santa Barbara Channelkeeper v. City of San Buenaventura
Where conservation group alleges water diversion by city is unreasonable, cross-complaint joining other diverters is not improper. |
Civil Procedure |
|
A. Tucher | Feb. 1, 2018 |
B280781
|
People v. Taylor
Conviction affirmed where convicting statute does not contain mandatory presumption but instead defines the elements of the convicting statute |
Criminal Law and Procedure |
|
N. Manella | Feb. 1, 2018 |
F073964
|
Brown v. Superior Court (Fresno)
Statutory immunity from personal liability for a deficiency judgment is a protectable interest permitting joinder under Section 389. |
statutory_interpretation |
|
R. Peña | Feb. 1, 2018 |
B278052
|
Tikosky v. Yehuda
Judgment unsatisfied where defendant fails to pay defendant and does not benefit from third party agreement to pay plaintiff judgment amount for property collaterally related to judgment. |
Civil Procedure |
|
V. Chaney | Feb. 1, 2018 |
F073215
|
Gutierrez v. Carmax Auto Superstores California
The omission of a material fact is actionable under the Consumer Legal Remedies Act where the facts actually disclosed by a defendant are misleading given the facts they concealed. |
Consumer Law |
|
D. Franson | Feb. 1, 2018 |
F074118
|
Visalia Retail, LP v. City of Visalia
Contention that land use limit on retail store size would result in urban decay does not support fair argument that significant effects on the environment will result. |
Environmental Law |
|
C. Poochigian | Feb. 1, 2018 |
16-17165
|
Fields v. Twitter Inc.
Anti-Terrorism Act provision requiring plaintiff to show injury by reason of international terrorist act requires plaintiff to show direct relationship between injuries and acts of defendant. |
Civil Procedure |
|
M. Smith | Feb. 1, 2018 |
15-17282
|
Mineworkers' Pension Scheme v. First Solar Inc.
The general proximate cause test is proper to determine loss causation in connection with an alleged violation under the Securities Exchange Act of 1934. |
Securities |
|
P. Curiam (9th Cir.) | Feb. 1, 2018 |
G054724
|
O'Malley v. Hospitality Staffing Solutions
Where hotel staff does welfare check on guest and fails to notice her suffering aneurism in dark room, summary judgment improper on negligent undertaking theory of liability. |
Torts |
|
E. Moore | Feb. 1, 2018 |
D072287
|
Apple Inc. v. Superior Court
Traditional admissibility of expert evidence standard applies to expert opinion evidence given in support of motion for class certification. |
Evidence |
|
T. O'Rourke | Jan. 31, 2018 |
B275241
|
Sierra Palms Homeowners Assoc. v. Metro Gold Line
Ruling denying leave to amend reversed where plaintiff shows on appeal that complaint can be amended. |
Civil Procedure |
|
D. Perluss | Jan. 31, 2018 |
B270172
|
Candelore v. Tinder, Inc.
Differential pricing for older and younger users of dating app is arbitrary discrimination under Unruh Civil Rights Act. |
Civil Rights |
|
B. Currey | Jan. 31, 2018 |
A149347
|
Goncharov v. Uber Technologies, Inc.
A court action is precluded by Public Utilities Code Section 1759 if it hinders the regulatory authority of the Public Utilities Commission. |
Utilities |
|
S. Margulies | Jan. 31, 2018 |
16-10017
|
U.S. v. Rodriguez
Conviction for transporting illegal alien for financial gain reversed where erroneous jury instruction misstates definition of reckless disregard. |
Immigration |
|
M. Bennett | Jan. 31, 2018 |
C081813
|
Modification: People v. Woods
Amendment allowing for sentencing discretion as to previously mandatory firearm enhancement requires remand for defendant sentenced prior to the amendment but whose case is not final. |
Criminal Law and Procedure |
|
R. Robie | Jan. 31, 2018 |
G054981
|
California Self-Insurers' Security Fund v. Superior Court (Orange)
Petition granted where court must look to whether brief tenure of attorney at plaintiff firm merits disqualification where he previously represented defendants. |
Attorneys |
|
E. Moore | Jan. 30, 2018 |
A146711
|
SMS Financial v. Cornerstone Tile Co.
Under Section 2941 the holder of an obligation secured by a deed of trust may prove damages against a title company that recorded a release of that obligation. |
Torts |
|
M. Miller | Jan. 30, 2018 |
S233983
|
Hernandez v. Restoration Hardware, Inc.
Per longstanding precedent, unnamed class member must either timely intervene or move to set aside or vacate trial court judgment in order to secure right to appeal. |
Civil Procedure |
|
M. Chin | Jan. 30, 2018 |
16-73801
|
C.J.L.G. v. Sessions
Minor alien is not entitled to court-appointed, government-funded counsel where minor fails to show that such counsel was necessary to safeguard due process rights. |
Immigration |
|
C. Callahan | Jan. 30, 2018 |
16-73085
|
Solorio-Ruiz v. Sessions
Carjacking under Penal Code Section 215(a) not a crime of violence under Title 8 of U.S. Code. |
Immigration |
|
S. Graber | Jan. 30, 2018 |
15-35524
|
Eat Right Foods v. Whole Foods
Where trial court resolves disputed point in favor of summary judgment moving party asserting defense of laches, judgment vacated. |
Patent Law |
|
R. Tallman | Jan. 30, 2018 |
12-35946
|
Baker v. Microsoft Corp.
Order |
|
Jan. 30, 2018 | ||
16-16072
|
American Beverage Association v. City and County of San Francisco
Order |
|
Jan. 30, 2018 | ||
A150737
|
In re Carlos C.
Probation condition is unconstitutionally overbroad where it prohibits minor from using, owning, or possessing any material depicting partial or complete nudity. |
Juveniles |
|
T. Stewart | Jan. 29, 2018 |
Eagle Point Education Association v. Jackson County School District
Public school district policies restricting speech that cannot be reasonably interpreted as speech of the district violate Free Speech Clause where policies fail non-public forum test. |
Civil Rights |
|
R. Clifton | Jan. 29, 2018 | |
A143290
|
Zuniga v. Workers' Compensation Appeals Board
Section 4610.6, which prevents WCAB from disclosing the identity of independent medical review professionals, does not violate due process rights of injured workers. |
Workers' Compensation |
|
M. Miller | Jan. 29, 2018 |
C081813
|
People v. Woods
Amendment allowing for sentencing discretion as to previously mandatory firearm enhancement requires remand for defendant sentenced prior to the amendment but whose case is not final. |
Criminal Law and Procedure |
|
R. Robie | Jan. 29, 2018 |
B280735
|
Machavia, Inc. v. County of Los Angeles et al.
A taxpayer seeking a tax refund in superior court must first exhaust all available administrative remedies in a timely manner. |
Tax |
|
F. Rothschild | Jan. 29, 2018 |
A152056
|
In re Humphrey
Court must consider financial circumstances of defendant, and potentially effective alternatives to money bail, before setting bail amount. |
Criminal Law and Procedure |
|
J. Kline | Jan. 29, 2018 |
C085670
|
Becerra v. Superior Court
Attorney General given wide latitude to create circulating title and summary of ballot measure; trial court order disapproving of particular title overturned. |
Government |
|
V. Raye | Jan. 29, 2018 |