Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B272132
|
People v. Harrison
Prosecution's failure to disclose digital in-car video of defendant's alleged confession, despite 'cryptic' reference in police report, constitutes 'Brady' violation, warranting reversal. |
Criminal Law and Procedure |
|
K. Yegan | Oct. 27, 2017 |
S238309
|
Modification: Briggs v. Brown
Proposition 66--the Death Penalty Reform and Savings Act of 2016--upheld despite concerns over separation of powers, where measure's stated deadlines are directive rather than mandatory. |
Criminal Law and Procedure |
|
Oct. 27, 2017 | |
15-16477
|
Revels v. Berryhill
Order denying supplemental security income and disability insurance benefits reversed where administrative law judge fails to provide substantial evidence for rejecting treating contradicted physician opinion. |
Administrative Agencies |
|
K. Wardlaw | Oct. 27, 2017 |
D017244
|
YDM Management Co. Inc. v Sharp Community Medical Group Inc.
Company that acquired medical provider's accounts receivables not entitled to additional reimbursement where it failed to establish services rendered were for emergency. |
Civil Procedure |
|
C. Aaron | Oct. 26, 2017 |
14-36085
|
Midbrook Flowerbulbs Holland B.V. v. Holland America Bulb Farms Inc.
In business dispute between American and Dutch companies, American company unsuccessful in challenging enforcement of adverse Dutch judgment under Uniform Foreign-Country Money Judgments Recognition Act. |
International Law |
|
C. Bea | Oct. 26, 2017 |
16-30033
|
U.S. v. Wallen
Conviction for killing endangered species vacated and remanded where magistrate judge fails to apply 'subjective' good faith belief standard to defendant's self-defense theory. |
Criminal Law and Procedure |
|
R. Fisher | Oct. 26, 2017 |
A146652
|
People v. Mathews
Motion to suppress properly denied on estoppel grounds, where defendant gave false name to police and record check failed to reveal defendant was in fact subject to probation search condition. |
Criminal Law and Procedure |
|
J. Humes | Oct. 26, 2017 |
16-1540
|
Trump v. Hawaii
Order |
|
Oct. 26, 2017 | ||
16-1424
|
IPC (USA) Inc. v. Ellis (In re Pettit Oil Co.)
Consignor who fails to perfect interest in consigned goods properly relegated as unsecured creditor whose rights in consigned goods are subordinate to trustee's. |
Bankruptcy |
|
F. Kurtz | Oct. 25, 2017 |
A143470
|
Modification: People v. Mooring
Criminalist's use of Indent-A-Drug Website to identify drugs found in defendants' possession do not violate hearsay law or confrontation clause. |
Criminal Law and Procedure |
|
Oct. 25, 2017 | |
D070390A
|
Kendall v. Scripps Health
Denial of class certification appropriate where administrative cost to identify class is so substantial that it renders potential class benefits de minimis. |
Civil Procedure |
|
R. Huffman | Oct. 25, 2017 |
D072235
|
Gholipour v. Superior Court
Transferring court retains jurisdiction over restitution on remand until it determines the amount of restitution. |
Criminal Law and Procedure |
|
P. Benke | Oct. 25, 2017 |
C080291
|
People v. Malik
Defendant's confrontation rights violated under 'Sanchez' where prosecutor's cross-examination of defendant's PTSD expert involved case-specific testimonial hearsay not covered under any hearsay exception. |
Criminal Law and Procedure |
|
A. Hoch | Oct. 25, 2017 |
Comerica Bank v. Runyon (Facciuto)
Debtor's application for contribution from judgment co-debtors improperly denied as untimely although creditor had not filed acknowledgment, rendering judgment not fully satisfied. |
Civil Procedure |
|
R. Ikola | Oct. 24, 2017 | |
17-15909
|
Amended Opinion: Contest Promotions LLC v. City and County of San Francisco
San Francisco's billboard-related regulations that distinguish between commercial and noncommercial signs passes intermediate scrutiny under 'Central Hudson,' warranting dismissal of advertiser's First Amendment claims. |
Civil Rights |
|
Oct. 24, 2017 | |
15-35824
|
Makah Indian Tribe v. Quileute Indian Tribe
Indian tribe's 'right of taking fish' under Treaty of Olympia encompasses whales and seals, but dispute over fishing boundaries warrants partial reversal and remand. |
Native American Affairs |
|
M. McKeown | Oct. 24, 2017 |
B276101
|
People v. Gonzales
Jury instructions regarding uncharged offenses may have been erroneous, but any error was not prejudicial to warrant reversal of child sex convictions. |
Criminal Law and Procedure |
|
A. Gilbert | Oct. 24, 2017 |
B278102
|
Modification: People v. Lin
Holding in 'People v. Sanchez' regarding expert's use of case-specific facts applies equally to cases involving commitments of mentally disordered offenders. |
Criminal Law and Procedure |
|
Oct. 24, 2017 | |
16-35424
|
Lair v. Motl
Montana's limits on campaign contributions improperly invalidated, where limits are justified by state's interest in preventing quid pro quo corruption. |
Civil Rights |
|
R. Fisher | Oct. 24, 2017 |
A148505
|
People ex rel. Harris v. Shine
Pendente lite fees improperly awarded to former trustee of charitable trust accused of mismanagement and where trustee failed to demonstrate ultimate entitlement to fees. |
probate_and_trusts |
|
T. Bruiniers | Oct. 24, 2017 |
D072046
|
Curtis Engineering Corp. v. Superior Court (Sutherland)
Demurrer improperly sustained, where relation-back doctrine cannot save plaintiff from noncompliance with statutory deadline for filing required certificate of merit. |
Civil Procedure |
|
G. Nares | Oct. 24, 2017 |
14-16922
|
Morrill v. Scott Financial Corporation
Court lacks personal jurisdiction over defendant where conduct is not directed toward forum state. |
Attorneys |
|
J. Kronstadt | Oct. 24, 2017 |
B277445
|
In re Aiden L.
Failure to make necessary findings supporting jurisdiction under UCCJEA results in vacated order terminating parental rights and remand. |
Dependency |
|
D. Perluss | Oct. 24, 2017 |
B281420
|
Aviles v. Swearingen
Newly-enacted Probate Code 'no contest clause' construed strictly; such clauses not effective unless specifically set forth or referred to in amended trust documents. |
probate_and_trusts |
|
K. Yegan | Oct. 24, 2017 |
A150567
|
Lyons v. Colgate-Palmolive Company
Summary judgment reversed where expert testimony provides triable issue of material fact. |
Civil Procedure |
|
S. Pollak | Oct. 23, 2017 |
C081263
|
Harrington v. City of Davis (LeBlanc)
Neighbor fails to challenge city's approval of conditional use permit allowing for continued use of residence located in changing neighborhood as professional office space. |
Municipal Law |
|
J. Renner | Oct. 23, 2017 |
A145865
|
Morales-Simental v. Genentech
Summary judgment affirmed where plaintiff fails to present evidence showing that employer is liable for its employee's conduct under special errand rule. |
Employment Law |
|
J. Streeter | Oct. 23, 2017 |
B277751
|
Modification: People v. Bona
Mentally disordered offender fails to overturn commitment based on counsel's alleged failure to challenge trial court's repeated continuances of hearing on petition challenging determination. |
Criminal Law and Procedure |
|
Oct. 23, 2017 | |
17A437
|
McNabb v. Dunn
Order |
|
Oct. 23, 2017 | ||
14-17388
|
Jones v. Las Vegas Metropolitan Police Department
Summary judgment improperly granted to police in civil rights action, where triable issues of fact remain regarding entitlement to qualified immunity following man's death from repeated tasing. |
Civil Rights |
|
A. Kozinski | Oct. 23, 2017 |