Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B271109
|
People v. Seals
Jury properly considered sales tax in determining fair market value of stolen cellphone and concluding value exceeded jurisdictional threshold to support commercial burglary conviction. |
Criminal Law and Procedure |
|
D. Sortino | Sep. 1, 2017 |
B276237
|
Luis H., a Minor
Dependency petition properly dismissed as to siblings despite sustaining of petition as to one sibling who had been sexually abused. |
Dependency |
|
L. Zelon | Sep. 1, 2017 |
S243247
|
City of Oroville v. Superior Court (California Joint Powers Risk Management Authority)
Order |
|
Sep. 1, 2017 | ||
15-15547
|
Jackson v. Fong
Plaintiff who was a prisoner at time he filed suit but who was not a prisoner at time of his operative complaint is not subject to exhaustion defense. |
Prisoners' Rights |
|
M. Murguia | Sep. 1, 2017 |
14-36056
|
Murray v. Southern Route Maritime SA
Jury instruction recognizing ship owner’s turnover duty and ship owner’s duty to inspect as interconnected is not faulty where duty to inspect falls within turnover duty. |
Labor Law |
|
M. McKeown | Sep. 1, 2017 |
S227106
|
American Civil Liberties Union Foundation of Southern California v. Superior Court (County of Los Angeles)
Bulk data generated by Automatic License Plate Reader not exempt from disclosure under ‘records of … investigation’ exemption, but possibly under catchall provision. |
Public Records Act |
|
M. Chin | Sep. 1, 2017 |
15-35254
|
Updike v. Multnomah County
Deaf plaintiff denied access to American Sign Language interpreter during pretrial detention wins partial victory in action alleging violation of ADA and Rehabilitation Act. |
Disability Discrimination |
|
R. Gould | Sep. 1, 2017 |
S095868
|
People v. Daniels
In highly divisive issue, judgment of death overturned due to invalid waiver of right to jury trial; judgment otherwise affirmed in all other respects. |
Criminal Law and Procedure |
|
P. Curiam (CASC) | Sep. 1, 2017 |
16-35597
|
Zazzali v. US (In re DBSI Inc.)
11 U.S.C. Section 106(a)(1)’s abrogation of sovereign immunity extends to ‘state law claim on which Section 544(b)(1) claim is based.’ |
Bankruptcy |
|
R. Paez | Sep. 1, 2017 |
A138702
|
Attard v. Board of Supervisors of Contra Costa County
Property owners do not have vested right to continue construction on property where underlying project approved by permits was unlawful to begin with. |
Municipal Law |
|
T. Reardon | Aug. 31, 2017 |
A147942
|
Save Laurel Way v. City of Redwood City (Laurel Way Joint Venture)
City’s approval of permits erroneously set aside under Subdivision Map Act where Act neither prohibits development permit approvals nor apply to certification of environmental studies. |
Real Property |
|
R. Dondero | Aug. 31, 2017 |
B278863
|
Aviles-Rodriguez v. Los Angeles Community College District
One-year statute of limitations to file complaint with Department of Fair Employment and Housing commenced on date of employee’s termination rather than date employee was denied tenure. |
Employment Discrimination |
|
N. Manella | Aug. 31, 2017 |
B272168
|
BRE DDR BR Whittwood CA v. Farmers & Merchants Bank of Long Beach
Assignee is not liable for obligations of real property lease where record shows that assignee did not expressly assume obligations of lease. |
Contracts |
|
S. Kriegler | Aug. 31, 2017 |
16-15372
|
Rizo v. Yovino
Order |
|
Aug. 31, 2017 | ||
14-71768
|
Sanchez v. Sessions
Removal proceedings should have been terminated due to egregious Fourth Amendment and regulatory violations by Coast Guard officers in detaining petitioner based solely on ethnicity. |
Immigration |
|
H. Pregerson | Aug. 31, 2017 |
15-17418
|
Amended Opinion: Stone Creek v. Omnia Italian Design
In trademark infringement action, leather furniture manufacturer and seller successful in reversing defense judgment in favor of former business partner. |
Intellectual Property |
|
Aug. 31, 2017 | |
14-56596
|
Amended Opinion: Mavrix Photographs LLC v. LiveJournal Inc.
Summary judgment erroneously granted in favor of LiveJournal concerning posting of copyrighted material on popular online community, 'Oh No They Didn't!' |
Copyright |
|
Aug. 31, 2017 | |
D070478
|
Pulte Home Corp. v. American Safety Indemnity Co.
In insurance defense dispute, insurer unsuccessful in challenging adverse substantive rulings but wins reversal of punitive damages and attorney fee award under ‘Brandt v. Superior Court.’ |
Insurance |
|
R. Huffman | Aug. 31, 2017 |
C081918
|
City of Anaheim v. Cohen
Department of finance’s use of the 2011 dissolution law to deny city’s request for funds unconstitutionally impairs private developer’s contractual rights |
Municipal Law |
|
R. Robie | Aug. 31, 2017 |
C081349
|
Direct Capital Corporation v. Brooks
Wife’s computer purchases for her law office are properly deemed ‘necessaries of life’ under Family Code, may be treated as community obligation. |
Family Law |
|
E. Duarte | Aug. 31, 2017 |
17A225
|
Abbott v. Perez
Order |
|
Aug. 30, 2017 | ||
15-35263
|
Quinault Indian Nation v. Pearson
Asserting claims against Indian tribe as counter claims does not change sovereign-immunity analysis; hence, counterclaim properly dismissed, barred by sovereign immunity. |
Native American Affairs |
|
M. McKeown | Aug. 30, 2017 |
15-50471
|
U.S. v. Ocampo-Estrada
Twenty-year mandatory minimum sentence improperly imposed where predicate drug offence under California law does not meet controlled-substance element to support sentence enhancement. |
Criminal Law and Procedure |
|
D. Ebel | Aug. 30, 2017 |
14-16382
|
Rachel H. v. Dept. of Education, State of Hawaii
Individualized Education Program that fails to identify specific school does not violate Individuals with Disabilities Act where act does not ‘procedurally require’ each IEP to identify anticipated school. |
Disability Discrimination |
|
R. Fisher | Aug. 30, 2017 |
15-70155
|
Mejia v. Sessions
Petitioner’s appeal improperly dismissed where immigration judge failed to inquire further into petitioner’s competency after he showed signs of mental incompetency. |
Immigration |
|
E. Davila | Aug. 30, 2017 |
14-16785
|
Gregg v. State of Hawaii Dept. of Public Safety
Leave to amend complaint improperly denied in case where plaintiff learns she has psychological disorders years after undergoing sexual shame therapy sessions in prison. |
Civil Rights |
|
R. Fisher | Aug. 30, 2017 |
15-56548
|
Shafer v. Padilla
Although sheriff’s deputy’s use of leg sweep maneuver constitutes excessive force, jury’s verdict for plaintiff must be reversed because deputy is entitled to qualified immunity. |
Civil Rights |
|
N. Smith | Aug. 30, 2017 |
17-35018
|
U.S. v. Geozos
‘Successive’ habeas motion erroneously denied where claim is based on new constitutional rule announced in ‘Johnson II’ involving Armed Career Criminal Act’s residual clause. |
Criminal Law and Procedure |
|
S. Graber | Aug. 30, 2017 |
D069298
|
People v. Vasquez
Prejudicial error in allowing People to display timeline of alleged abuse to jury and allowing testimony about statements on timeline results in reversal of child molestation convictions. |
Criminal Law and Procedure |
|
C. Aaron | Aug. 30, 2017 |
G052949
|
People v. Drew
Jury’s first degree murder verdict is supported by sufficient evidence where defendant’s omission establishes proximate cause and meets felony murder causation requirement. |
Criminal Law and Procedure |
|
W. Bedsworth | Aug. 30, 2017 |