Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
14-72469
|
Wang v. Sessions
Relief from removal properly denied where immigration judge’s adverse credibility finding was supported by substantial evidence, including anomalies in supporting documentation and applicant’s demeanor. |
Immigration |
|
S. Ikuta | Jul. 5, 2017 |
14-10224
|
U.S. v. Zapien
Drug offender’s suppression motion properly denied where questioning that followed his invocation of right to counsel fell under booking exception to ‘Miranda.’ |
Criminal Law and Procedure |
|
P. Curiam (9th Cir.) | Jul. 5, 2017 |
A149087
|
Modification: IAR Systems Software Inc. v. Superior Court (Shehayed)
Modification |
|
Jul. 5, 2017 | ||
B268850
|
Tustin Field Gas & Food v. Mid-Century Ins. Co.
Opinion |
|
B. Hoffstadt | Jul. 5, 2017 | |
A149642
|
Irvin v. Contra Costa County Employees’ Retirement Assoc.
Legally separated spouses are deemed surviving spouses for purposes of continuance benefits under Government Code Section 31760.2. |
Government |
|
S. Margulies | Jul. 5, 2017 |
S223825
|
People v. Valencia
Proposition 47’s definition of ‘unreasonable risk of danger to public safety’ under Penal Code Section 1170.18(c), does not apply to Three Strikes Reform Act resentencing petitions. |
Criminal Law and Procedure |
|
T. Cantil-Sakauye | Jul. 5, 2017 |
14-56159
|
Hall v. Haws
Petitioner convicted of first degree murder successful in reopening his case under Federal Rule of Civil Procedure Rule 60(b)(6) and in obtaining habeas relief. |
Criminal Law and Procedure |
|
H. Pregerson | Jul. 5, 2017 |
S228193
|
People v. Hopson
Admission of alleged co-perpetrator’s confession post-death violates defendant’s Sixth Amendment’s right to confront witnesses against her, resulting in reversal and remand. |
Criminal Law and Procedure |
|
L. Kruger | Jul. 5, 2017 |
A144265
|
Cinema West v. Baker
Development project classified as 'public work' under the prevailing wage law, where its necessary parts make up 'integrated whole.' |
Labor Law |
|
T. Stewart | Jul. 5, 2017 |
A146979
|
I.F., a Minor
Juvenile’s motion to seal records erroneously denied where court applied former statute instead of statute that governed such motions at time it finally decided motion. |
Juveniles |
|
M. Jenkins | Jul. 3, 2017 |
13-56024
|
Godoy v. Spearman
En banc court grants convicted murderer habeas relief in case involving alleged misconduct of juror who had been texting ‘judge friend’ during trial. |
Criminal Law and Procedure |
|
R. Fisher | Jul. 3, 2017 |
A143828
|
Duarte v. Pacific Specialty Insurance Co.
Insured successful in overturning ruling in insurer’s favor, where insurer fails to prove rescission defense. |
Insurance |
|
M. Miller | Jul. 3, 2017 |
B238339
|
Trejo v. Johnson & Johnson
Ibuprofen manufacturer wins new trial due to jury’s inconsistent verdicts on negligent failure to warn and strict liability failure to warn. |
Torts |
|
T. Willhite | Jul. 3, 2017 |
S241431
|
Jarman v. HCR Manorcare
Order |
|
Jun. 30, 2017 | ||
S231709
|
K.R. v. Superior Court (People)
California Supreme Court reiterates general rule plainly articulated in ‘Arbuckle’ providing for same-judge guarantee as term implied in every plea agreement in adult, juvenile court. |
Juveniles |
|
K. Werdegar | Jun. 30, 2017 |
S225589
|
Jacks v. City of Santa Barbara
Surcharge imposed on electricity bills in exchange for franchise rights is valid fee rather than tax, provided amount bears reasonable relationship to value of property interest. |
Tax |
|
T. Cantil-Sakauye | Jun. 30, 2017 |
S222329
|
926 North Ardmore Avenue LLC v. County of Los Angeles
Plaintiffs unsuccessful in challenging imposition of documentary transfer tax on written instrument transferring beneficial ownership of real property from one person to two others. |
Tax |
|
C. Corrigan | Jun. 30, 2017 |
15-70754
|
International Brotherhood of Teamsters v. U.S. Department of Transportation
Court cannot properly review petitions challenging agency's decisions where an agency's actions are 'committed to agency discretion by law.' |
Civil Procedure |
|
K. Wardlaw | Jun. 30, 2017 |
15-55576
|
Hardie v. National Collegiate Athletic Association
Title II of Civil Rights Act does not recognize disparate-impact liability and even if it does, prospective NCAA coach’s claim fails under ‘Wards Cove.’ |
Civil Rights |
|
R. Tallman | Jun. 29, 2017 |
B268758
|
Jacobs v. The Regents of the University of California
Peace officers with University of California Police Department receiving Duty Disability Income are not retired for purposes of entitlement to retired identification card and concealed weapons endorsement. |
Employment Law |
|
J. Ashmann-Gerst | Jun. 29, 2017 |
15-56402
|
Sato v. Orange County Dept. of Education
Former employee unsuccessful in suit against Orange County Department of Education, where OCDE is arm of the state that enjoys Eleventh Amendment immunity from suit. |
Civil Rights |
|
R. Tallman | Jun. 29, 2017 |
A141681
|
Morgado v. City and County of San Francisco
Police officer properly granted relief from City's termination of his employment where City failed to provide him with opportunity to appeal pursuant to PSOPBRA. |
Government |
|
J. Streeter | Jun. 29, 2017 |
16-10177
|
U.S. v. Perez-Silvan
Sentence enhancement for illegal entry after deportation conviction upheld where defendant's prior aggravated assault conviction under Tennessee law constitutes crime of violence. |
Criminal Law and Procedure |
|
D. O'Scannlain | Jun. 29, 2017 |
13-16259
|
Window Rock Unified School District v. Nez
Tribal proceedings improperly halted where Navajo Nation Labor Commission probably had jurisdiction over employment-related claims against school districts operating on leased tribal land. |
Native American Affairs |
|
M. Friedland | Jun. 29, 2017 |
16-10039
|
U.S. v. Calvillo-Palacios
Threat and assault statutes necessarily require violent physical force and are thus properly classified as crimes of violence under U.S.S.G Section 2L1.2(b)(1)(A)(ii). |
Criminal Law and Procedure |
|
D. O'Scannlain | Jun. 29, 2017 |
15-15434
|
First Resort Inc. v. Herrera
Limited services pregnancy center (LSPC) unsuccessful in challenging San Francisco ordinance aimed at curbing false or misleading advertising by LSPCs. |
Constitutional Law |
|
D. Nelson | Jun. 28, 2017 |
14-35086
|
Ground Zero Center for Nonviolent Action v. United States Dept. of the Navy
In suit challenging expansion of nuclear operating center, summary judgment in Navy’s favor upheld but ‘gag order’ vacated and remanded. |
Environmental Law |
|
M. Berzon | Jun. 28, 2017 |
B280805
|
City of Pasadena v. Superior Court
Plaintiff must file suit within six months from cause of action Under Government Code Section 911.2 where 'accrual' means 'ripeness' to sue. |
Civil Procedure |
|
N. Manella | Jun. 28, 2017 |
15-214
|
Murr v. Wisconsin
Under necessarily flexible Takings Clause inquiry, where regulation merging landowners' two lots, and foreclosing sale of either separately, leaves appreciable value in merged lot, and where physical characteristics of land suggest, lots rightly considered one parcel and said regulation not a taking. |
Eminent Domain |
|
A. Kennedy | Jun. 26, 2017 |
B278696
|
Zhu v. Workers’ Compensation Appeals Board
Injuries suffered by home caretaker while riding her bike from one workplace to another constitutes compensable injury under exception to 'going and coming rule.' |
Workers' Compensation |
|
S. Kriegler | Jun. 22, 2017 |