Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
16-1454
|
Ohio v. American Express
Order |
|
Oct. 17, 2017 | ||
17-2
|
U.S. v. Microsoft
Order |
|
Oct. 17, 2017 | ||
17-43
|
Dahda v. U.S.
Order |
|
Oct. 17, 2017 | ||
14-35944
|
Morales v. Fry
Submitting legal question of police officer's qualified immunity to jury is impermissible, resulting in vacated verdict and remand in police brutality case. |
Civil Rights |
|
M. McKeown | Oct. 17, 2017 |
F071142
|
People v. Navarra
Proposition 57 does not apply retroactively to afford juvenile homicide offender sentenced to life without possibility of parole juvenile 'fitness hearing' under 'Montgomery v. Louisiana.' |
Criminal Law and Procedure |
|
B. Hill | Oct. 17, 2017 |
15-55571
|
Airline Service Providers Association v. Los Angeles World Airports
City of Los Angeles acts as market participant in requiring airport businesses to agree to 'labor peace agreement' and is not preempted by federal labor statutes. |
Labor Law |
|
M. Friedland | Oct. 17, 2017 |
14-60079
|
Aspen Skiing Company v. Cherrett (In re Cherrett)
Housing loan that is key part of compensation package and that is undertaken for business purpose is non-consumer debt. |
Bankruptcy |
|
M. Christen | Oct. 17, 2017 |
A149501
|
Placerville Historic Preservation League v. Judicial Council of California (County of El Dorado)
Neighborhood group unsuccessful in challenging relocation of courthouse facilities from historic downtown to new location on outskirts of city. |
Environmental Law |
|
M. Miller | Oct. 17, 2017 |
F072351
|
Ly v. County of Fresno
Adverse workers' compensation decisions bar correctional officers' Fair Employment Housing Act discrimination claims where both actions involve same primary rights. |
Workers' Compensation |
|
G. Gomes | Oct. 16, 2017 |
10-99009
|
Sanders v. Cullen
Defendant convicted of first-degree murders stemming from 1980 robbery unsuccessful in obtaining relief from denial of petition of writ of habeas corpus. |
Prisoners' Rights |
|
M. Christen | Oct. 16, 2017 |
C081125
|
American Cargo Express v. Superior Court
Petition for writ of mandate denied where California Self-Insurers' Security Fund is permitted to bring action 'to recover compensation' it paid. |
Workers' Compensation |
|
L. Mauro | Oct. 16, 2017 |
S243855
|
Association for Los Angeles Deputy Sherrifs v. Superior Court (Los Angeles County Sheriff's Dept.)
Order |
|
Oct. 13, 2017 | ||
E067316
|
Stewart v. Superior Court (St. Joseph's Health)
In case alleging death following unnecessary pacemaker surgery, trial court errs in summarily adjudicating elder abuse cause of action. |
Torts |
|
M. Ramirez | Oct. 13, 2017 |
14-70339
|
Amended Opinion: Martinez v. Sessions
Where the statutory definition of finality provides no conclusive answer, a Board of Immigration Appeals order is the final administrative order for the purposes of filing a petition for review where petitioner is subject to 'conflicting and confusing ' circumstances. |
Administrative Agencies |
|
Oct. 13, 2017 | |
D071334
|
People v. Drew
Order denying untimely Proposition 36 resentencing petition for failure to show good cause affirmed where delay is substantial and 'nature and strength' of justification for delay is inadequate. |
Criminal Law and Procedure |
|
W. Dato | Oct. 13, 2017 |
B266118
|
Wiseman Park LLC v. Southern Glazer's Wine and Spirits LLC
Demurrer improperly sustained, where trial court erroneously concludes that California Department of Alcoholic Beverage Control has exclusive jurisdiction over commercial disputes between licensees. |
Civil Procedure |
|
A. Goodman | Oct. 13, 2017 |
B266209
|
People v. Alaniz
Motion for new trial properly denied where defendant fails to show jury misconduct stemming from its discussion of defendant's failure to testify. |
Criminal Law and Procedure |
|
F. Menetrez | Oct. 12, 2017 |
16-1436
|
Trump v. Int'l Refugee Assistance
Order |
|
Oct. 12, 2017 | ||
14-56832
|
Flores v. City of Westminster
Public employees not barred from bringing federal claim for violation of right to contract although, under California law, public employment is governed by statute, not contract. |
Employment Discrimination |
|
J. Farris | Oct. 12, 2017 |
H041739
|
People v. Pettie
Gang enhancements reversed where defendant had no opportunity to cross-examine source of testimonial hearsay. |
Criminal Law and Procedure |
|
B. Walsh | Oct. 12, 2017 |
14-56855
|
Gonzalez v. Sherman
State court's alteration of presentence credits constitutes new intervening judgment allowing prisoner to file federal habeas petition that does not run afoul of AEDPA's prohibition on 'second or successive' petitions. |
Criminal Law and Procedure |
|
S. Reinhardt | Oct. 12, 2017 |
16-15141
|
CTIA-The Wireless Association v. City of Berkeley
Order |
|
Oct. 12, 2017 | ||
13-17132
|
Teixeira v. County of Alameda
County of Alameda's ordinance restricting location of gun shops does not infringe upon would-be gun shop owners' and potential customers' right to bear arms. |
Constitutional Law |
|
M. Berzon | Oct. 11, 2017 |
15-10557
|
U.S. v. Bonnett
An obstruction of justice enhancement may be based upon a finding of the defendant's malingering. |
Criminal Law and Procedure |
|
P. Curiam (9th Cir.) | Oct. 11, 2017 |
16-9446
|
Weathers v. Davis
Order |
|
Oct. 11, 2017 | ||
16-15606
|
Longoria v. Pinal County
Officer who fatally shot driver following car chase not entitled to qualified immunity where use of deadly force was unreasonable under circumstances. |
Immunity |
|
S. Reinhardt | Oct. 11, 2017 |
16-30150
|
U.S. v. Slade
Prior conviction for second-degree assault under Washington law erroneously treated as crime of violence, warranting resentencing of felon in possession of firearm conviction. |
Criminal Law and Procedure |
|
C. Bea | Oct. 11, 2017 |
15-16220
|
Nationwide Biweekly Administration Inc. v. Owen
In dispute challenging California laws regulating company's mortgage loan repayment business practices, company wins partial victory on court's erroneous 'Younger' abstention and denial of preliminary injunction. |
Civil Rights |
|
S. Reinhardt | Oct. 11, 2017 |
14-99001
|
Kirkpatrick v. Chappell
Order finding that habeas petitioner waived claims vacated where evidence fails to show that habeas petitioner did so 'knowingly, voluntarily, and intelligently.' |
Prisoners' Rights |
|
S. Reinhardt | Oct. 11, 2017 |
B279273
|
JetSuite v. County of Los Angeles
Jets properly taxed at full value where evidence fails to show that other states 'acquired situs' over jets. |
Tax |
|
B. Hoffstadt | Oct. 11, 2017 |