Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
A144254
|
Christensen v. Lightbourne
In determining a family's eligibility for cash aid under CalWORKs program, child support paid to benefit children living outside the home counts as family income. |
Administrative Agencies |
|
M. Miller | Oct. 10, 2017 |
H040921
|
In re Marriage of Kalinawan
Quasi-estoppel inapplicable where person challenging divorce decree was not party to divorce, did not procure or help procure decree, and was ignorant of circumstances surrounding decree. |
Family Law |
|
N. Mihara | Oct. 10, 2017 |
A146162
|
Linton v. DeSoto Cab Company
Judgment in wage claims proceeding finding that worker is independent contractor reversed where court fails to apply 'seminal case' regarding employment relationships in California. |
Employment Law |
|
R. Dondero | Oct. 9, 2017 |
15-17253
|
County of Amador v. United States Dept. of the Interior
County unsuccessful in challenging Department of the Interior's decision to take land into trust for Indian tribe and to allow tribe to build casino on land. |
Native American Affairs |
|
S. Graber | Oct. 9, 2017 |
C075909
|
People v. Mays
Defendant unsuccessful in challenging restitution order to estate of victim's mother, where mother qualified as victim under the statute and incurred expenses before death. |
Criminal Law and Procedure |
|
G. Nicholson | Oct. 9, 2017 |
14-35053
|
Entler v. Gregoire
Prisoner's First Amendment retaliation claims are actionable where Prisoner's threats to sue are protected under the First Amendment. |
Prisoners' Rights |
|
F. Block | Oct. 9, 2017 |
16-1125
|
Lacaze v. Louisiana
Order |
|
Oct. 6, 2017 | ||
16-1533
|
E.F. v. Newport Mesa Unified School District
Order |
|
Oct. 6, 2017 | ||
16-8644
|
Cureton v. U.S.
Order |
|
Oct. 6, 2017 | ||
16-8811
|
Cassinelli v. Cassinelli
Order |
|
Oct. 6, 2017 | ||
16-8909
|
Long v. Davis
Order |
|
Oct. 6, 2017 | ||
16-9411
|
Anglin v. U.S.
Order |
|
Oct. 6, 2017 | ||
16-9461
|
Close v. U.S.
Order |
|
Oct. 6, 2017 | ||
17-109
|
Simmons Sporting Goods v. Lawson
Order |
|
Oct. 6, 2017 | ||
B278257
|
Urick v. Urick
Petitions to enforce no contest clause under Probate Code not exempt from anti-SLAPP analysis; nevertheless, anti-SLAPP motion erroneously granted where reformation petition constituted direct contest. |
probate_and_trusts |
|
S. Kriegler | Oct. 6, 2017 |
E065359
|
Modification: People v. McCloud
Court's instructional error omitting essential element prejudicial where evidence shows that jury verdict could have been different absent the error. |
|
Oct. 6, 2017 | ||
B277433M
|
People v. Blancett
Reversal required due to failure to obtain defendant's knowing, voluntary and intelligent waiver of right to jury trial in mentally disordered offender commitment hearing. |
Criminal Law and Procedure |
|
A. Gilbert | Oct. 6, 2017 |
15-56483
|
TDY Holdings LLC v. United States
CERCLA requires government to bear some responsibility in cleanup of aeronautical manufacturing plant in San Diego with respect to two hazardous chemicals used. |
Environmental Law |
|
M. Christen | Oct. 5, 2017 |
C079280
|
People v. Jo
Defendant unsuccessful in challenging conviction for child custody deprivation, where trial-related errors were either harmless or meritless. |
Criminal Law and Procedure |
|
J. Renner | Oct. 5, 2017 |
16-1300
|
Gill v. Kirresh (In re Gill)
Debtor's motion to abandon estate's interest in residence properly denied where ‘substantial value' existed in residence despite creditor's lien and IRS lien. |
Bankruptcy |
|
J. Brand | Oct. 4, 2017 |
B276571
|
People v. Cruz
Defendant ineligible for Proposition 36 resentencing where defendant was armed with weapon during commission of his or her crime. |
Criminal Law and Procedure |
|
K. Yegan | Oct. 4, 2017 |
A143781
|
RSB Vineyards LLC v. Orsi
Sellers not liable for failing to disclose deficiencies in residence converted into wine tasting room where sellers lacked knowledge of alleged deficiencies. |
Real Property |
|
M. Jenkins | Oct. 3, 2017 |
15-17065
|
Isayeva v. Sacramento Sheriff's Dept.
Sheriff’s deputy entitled to qualified immunity in civil rights lawsuit regarding use of taser and fatal shooting of plaintiff’s mentally disturbed husband. |
Immunity |
|
R. Gould | Oct. 3, 2017 |
15-56220
|
In the Matter of Walldesign Inc.
Appellants who received payments from corporate cheat unsuccessful in avoiding strict liability for repayment of funds, where they qualify as ‘initial transferees’ under statute. |
Bankruptcy |
|
A. Marbley | Oct. 3, 2017 |
A151627
|
Jennifer S. v. Superior Court (San Francisco Human Services Agency)
Reunification services properly bypassed for parents based on prior removal of other children due to unresolved and long history of substance abuse. |
Dependency |
|
J. Kennedy | Oct. 3, 2017 |
13-36165
|
Sturgeon v. Frost
Federal regulation over river that is public land supersedes state regulation where 'United States has…implied reservation of water rights.' |
Environmental Law |
|
J. Nguyen | Oct. 3, 2017 |
16-56829
|
Hernandez v. Sessions
Due process requires immigration officials when making bond determinations to consider both the financial circumstances of a detainee and alternative conditions of release. |
Immigration |
|
S. Reinhardt | Oct. 3, 2017 |
D071353
|
Modification: Higgins v. Superior Court (Cabandong)
Automatic bankruptcy stay that applied to claims against debtor-codefendant does not apply to claims against nondebtor-defendant, making service to nondebtor-defendant untimely and subject to dismissal. |
Civil Procedure |
|
Oct. 2, 2017 | |
12-56594
|
Rodriguez v. McDonald
State courts’ finding of valid waiver of right to counsel unreasonable; therefore, teen’s purported confession violated his ‘Miranda’ rights, warranting habeas relief. |
Criminal Law and Procedure |
|
R. Lasnik | Oct. 2, 2017 |
A148400
|
Living Rivers Council v. State Water Resources Control Board
Policy using uncertainty and likelihood of environmental effect to conclude that mitigation measure is infeasible appropriate where likelihood and uncertainty help determine mitigation measure’s success. |
Environmental Law |
|
H. Needham | Oct. 2, 2017 |