Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
S222472
|
Friends of the Eel River v. North Coast Railroad Authority (Northwestern Pacific Railroad Co.)
ICCTA preempts state regulation of rail transportation, but application of CEQA to state agency’s railroad activity is not ‘regulation,’ but ‘self-governance’ and is not inconsistent with ICCTA and its preemption clause. |
Constitutional Law |
|
T. Cantil-Sakauye | Jul. 28, 2017 |
A145516
|
The Estuary Owners Association v. Shell Oil Co.
Condominium owners successful in challenging application of 10-year statute of repose to claims involving latent construction defects in case alleging nuisance against oil company. |
Civil Procedure |
|
J. Kline | Jul. 28, 2017 |
B276723
|
Taylor v. Trimble
Host not liable for drowning death of child guest where, although host initially assumed supervision of child, child’s grandfather thereafter assumed responsibility and did not relinquish it. |
Torts |
|
N. Manella | Jul. 28, 2017 |
D069662
|
Toeppe v. City of San Diego
Trail immunity inapplicable where plaintiff does not dispute the condition of a trail. |
Municipal Law |
|
R. Huffman | Jul. 28, 2017 |
A146077
|
County of San Mateo v. Superior Court (Rowe)
County’s summary judgment motion properly denied where triable issues of fact remain as to whether ‘natural condition immunity’ applies to campground incident. |
Immunity |
|
T. Stewart | Jul. 27, 2017 |
B264074
|
FilmOn.com v. DoubleVerify Inc.
Anti-SLAPP motion properly granted in favor of provider of advertising authentication services in suit challenging provider’s negative classification of plaintiff’s websites. |
Anti-SLAPP |
|
M. Johnson | Jul. 27, 2017 |
F071951
|
People v. Casillas
A person who suffers super strike conviction at any time before trial court rules on his or her Proposition 47 reclassification petition is disqualified from reclassification. |
Criminal Law and Procedure |
|
J. Detjen | Jul. 27, 2017 |
C072585
|
Crossroads Investors L.P. v. Federal National Mortgage Association
On remand, appellate court overturns denial of Fannie Mae’s anti-SLAPP motion, allowing Fannie Mae to dodge most of property owners’ wrongful foreclosure claims. |
Anti-SLAPP |
|
G. Nicholson | Jul. 27, 2017 |
A147177
|
In re Palmer
Board of Parole Hearing’s failure to calculate petitioner’s base and adjusted base terms entitles petitioner to new parole hearing. |
Criminal Law and Procedure |
|
J. Richman | Jul. 27, 2017 |
G052558
|
Kizer v. Tristar Risk Management
Class certification properly denied in wage and hour class action, where plaintiffs fail to prove their claims are typical of the class. |
Employment Law |
|
R. Aronson | Jul. 27, 2017 |
S242153
|
In re B.M.
Order |
|
Jul. 27, 2017 | ||
S242034
|
Boling v. Public Employment Relations Board (City of San Diego)
Order |
|
Jul. 27, 2017 | ||
S242244
|
People v. Guzman
Order |
|
Jul. 27, 2017 | ||
B270133
|
David v. Hernandez
Truck driver fails to overturn judgment stemming from PCH crash by challenging evidentiary ruling and jury’s damages award for crash victim’s future shoulder surgeries. |
Torts |
|
K. Yegan | Jul. 26, 2017 |
14-17492
|
Hoggett v. University of Phoenix
Motion to amend or alter judgment under Federal Rule of Civil Procedure 59(e) must request ‘substantive change of mind by the court.’ |
Civil Procedure |
|
R. Gould | Jul. 26, 2017 |
D071772
|
In re A.C.
California court has subject matter jurisdiction over child custody case where child’s home state declines to respond to California court regarding the jurisdiction in question. |
Family Law |
|
J. Haller | Jul. 25, 2017 |
15-35018
|
Reed v. Lieurance
Volunteer for buffalo conservation organization may maintain civil rights action against state actors who prevented him from observing buffalo hazing in Yellowstone National Park. |
Civil Rights |
|
J. Tunheim | Jul. 25, 2017 |
14-35504
|
ILWU v. ICTSI Oregon
Entry of partial final judgment under Federal Rule of Civil Procedure 54(b) and dismissal of antitrust counterclaim proper in maritime labor dispute. |
Antitrust |
|
D. O'Scannlain | Jul. 25, 2017 |
S230906
|
People v. DeLeon
Changes to parole revocation process brought on by Realignment Act does not abrogate need for preliminary hearing required under *Morrissey.* |
Criminal Law and Procedure |
|
C. Corrigan | Jul. 25, 2017 |
S232114
|
P. v. Estrada
Court may rely on ‘facts underlying previously dismissed counts’ when denying Prop 36 resentencing petitions. |
Criminal Law and Procedure |
|
A. Cuèllar | Jul. 25, 2017 |
B275980
|
Alvarez v. Seaside Transportation Services LLC
The plaintiff bears the burden of showing the existence of a triable material fact where the 'Privette' doctrine presumption affects the burden of producing evidence pursuant to Evidence Code 603. |
Civil Procedure |
|
D. Sortino | Jul. 24, 2017 |
A148919
|
People v. Bloomfield
Access card forgery is not eligible for Prop 47 relief where ‘access card forgery’ is not included in the ‘clear and unambiguous’ statutory language. |
Criminal Law and Procedure |
|
S. Margulies | Jul. 24, 2017 |
15-72873
|
Chugach Management Services v. Jetnil
The zone of special danger doctrine can apply to an employee working under a Defense Base Act contract in his or her home country. |
Labor Law |
|
M. Murguia | Jul. 24, 2017 |
13-73098
|
Sanjaa v. Sessions
Former law enforcement officer beaten for investigating drug ring that included parliamentarian's son does not qualify for asylum under CAT based on whistleblowing or persecution due to his status as a former officer |
Immigration |
|
C. Bea | Jul. 24, 2017 |
A144212
|
Cummings v. Dessel
Court’s incorrect judgment affirmed where appellant fails to show that ‘absent the error, the appellant would have obtained a more favorable result.’ |
Civil Procedure |
|
M. Rivera | Jul. 21, 2017 |
S226416
|
In re R.T.
Welfare and Institutions Code Section 300(b)(1) does not require parental negligence or fault before dependency court may assert jurisdiction. |
Juveniles |
|
M. Chin | Jul. 21, 2017 |
S075725
|
People v. Jones
Where exclusion of hearsay is error harmless beyond reasonable doubt, death penalty conviction upheld. |
Criminal Law and Procedure |
|
L. Kruger | Jul. 21, 2017 |
14-70339
|
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 |
|
J. Soto | Jul. 21, 2017 |
A143680
|
ZL Technologies v. Doe
Where libel plaintiff seeks anonymous defendant's identity from third-party review site, plaintiff must make a prima facie libel showing, and court must consider equitable factors, but no final balancing test is required. |
Civil Procedure |
|
M. Rivera | Jul. 21, 2017 |
D068533
|
Demara v. The Raymond Corp.
Trial court’s erroneous summary judgment ruling overturned, allowing warehouse employee injured by special order forklift to pursue products liability claim against manufacturer. |
Torts |
|
C. Aaron | Jul. 20, 2017 |