Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
C079171
|
People v. Moore
Criminal laboratory analysis testing fee constitutes fine or penalty subject to penalty assessments under Penal Code Section 1464 and Government Code Section 17600. |
Criminal Law and Procedure |
|
Jun. 7, 2017 | |
15-71330
|
Seaview Trading LLC v. Commissioner of Internal Revenue
Disregarded entities may constitute pass-thru partners such that small partnership exception does not apply making partnership subject to audit procedures under TEFRA. |
Taxation |
|
Jun. 7, 2017 | |
15-15551
|
Birch Ventures LLC v. United States
Investor in tax-shelter scheme unsuccessful in challenging consents to extend statute of limitations for tax assessment on grounds of third-party's alleged conflict of interest. |
Taxation |
|
Jun. 7, 2017 | |
G054169
|
Jesse S., a Minor
Young man denied reentry into juvenile court jurisdiction and foster care system where adoptive parents continue to receive support from California's Adoption Assistance Program. |
Juveniles |
|
Jun. 7, 2017 | |
H042795
|
People v. Nguyen
Evidence of child pornography properly suppressed where search of defendant's residence exceeds scope of warrant and probable cause lacking. |
Criminal Law and Procedure |
|
Jun. 7, 2017 | |
D070477
|
People v. Woods
Sentencing court erred in departing from parties' plea agreement by terminating probation based on improper calculation of defendant's custody credits. |
Criminal Law and Procedure |
|
Jun. 7, 2017 | |
A147236
|
Mahan v. Charles W. Chan Insurance Agency Inc.
Elderly couple may maintain their financial elder abuse and related claims against insurance advisors that allegedly took advantage of their cognitive issues. |
Elder Abuse |
|
Jun. 6, 2017 | |
H041400
|
DiCarlo v. County of Monterey
County and Sheriffs Association's longevity performance stipend does not constitute 'special compensation' that must be reported to CalPERS or used to calculate retirement benefits. |
Employment Law |
|
Jun. 6, 2017 | |
C081545
|
In re A.K.
Father unsuccessful in challenging juvenile court's termination of his parental rights based on relative placement preference. |
Dependency |
|
Jun. 6, 2017 | |
A149087
|
IAR Systems Software Inc. v. Superior Court (Shehayed)
Trial court errs in finding law firm representing crime victim is part of prosecution team for purposes of 'Brady' disclosure requirements. |
Evidence |
|
Jun. 6, 2017 | |
15-30345
|
U.S. v. Hankins
Defendant may not discharge restitution judgment based on private settlement with victim; court, meanwhile, has authority to redirect restitution payments to Crime Victims Fund. |
Criminal Law and Procedure |
|
Jun. 6, 2017 | |
14-36090
|
Raynor v. United of Omaha Life Insurance Co.
Order |
|
Jun. 6, 2017 | ||
13-56141
|
Lowry v. City of San Diego
Where dog, under close police control, bit sleeping woman thought to be potential burglar, summary judgment not improperly granted on excessive force claim. |
Constitutional Law |
|
Jun. 6, 2017 | |
B276109
|
In re G.F.
Minor who successfully completes informal program of supervision entitled to have his records relating to dismissed Section 602 petition sealed following prosecution's premature dismissal of petition. |
Juveniles |
|
Jun. 6, 2017 | |
B276546
|
Guan v. Hu
In case stemming from failed romantic relationship, court's misapplication of Civil Code Section 1692 to award damages on equitable grounds results in reversal. |
Contracts |
|
Jun. 5, 2017 | |
16-142
|
Honeycutt v. United States
Criminal forfeiture statute does not permit joint and several liability for forfeiture judgments. |
Criminal Law and Procedure |
|
Jun. 5, 2017 | |
A141613
|
People v. Overstock.com Inc.
Penalties imposed against Overstock under both unfair competition law and the False Advertising Law not constitutionally disproportionate to its culpability. |
Business Law |
|
Jun. 5, 2017 | |
16-6059
|
Flores v. United States
Order |
|
Jun. 5, 2017 | ||
16-6747
|
Paz-Cruz v. United States
Order |
|
Jun. 5, 2017 | ||
16-7553
|
Lauriano-Esteban v. United States
Order |
|
Jun. 5, 2017 | ||
16-8455
|
Ovalle-Garcia v. United States
Order |
|
Jun. 5, 2017 | ||
16-402
|
Carpenter v. United States
Whether the warrantless seizure and search of historical cell phone records revealing the location and movements of a cell phone user over the course of 127 days is permitted by the Fourth Amendment. |
|
Jun. 5, 2017 | ||
16-605
|
Town of Chester v. Laroe Estates Inc.
Intervenors of right must establish Article III standing if they wish to pursue relief not requested by plaintiff. |
Civil Procedure |
|
Jun. 5, 2017 | |
16-529
|
Kokesh v. SEC
Claims for disgorgement in SEC enforcement actions are subject to 28 U.S.C. Section 2462's five-year limitations period because disgorgement claims operate as penalty. |
Administrative Agencies |
|
Jun. 5, 2017 | |
16-74
|
Advocate Health Care Network v. Stapleton
Church need not have originally established employee benefit plan in order to be exempt from ERISA's mandates under church-plan exemption. |
Employment Law |
|
Jun. 5, 2017 | |
16-1023
|
North Carolina v. Covington
Remedial order purporting to fix unconstitutional racial gerrymanders in North Carolina vacated where district court barely addressed balance of equities. |
Voting Rights |
|
Jun. 5, 2017 | |
15-15542
|
D.L. v. United States
After plaintiff quickly and voluntarily dismisses complaint against federal employee, then pursues administrative remedies, dismissal improper when plaintiff re-adds federal employee to complaint. |
Administrative Agencies |
|
Jun. 5, 2017 | |
S076169
|
People v. Parker
'Bedroom Basher' unsuccessful in challenging death sentence stemming from string of 1970s home-invasion rape murders. |
Criminal Law and Procedure |
|
Jun. 5, 2017 | |
S219567
|
Weatherford v. City of San Rafael
Standing to maintain action to enjoin alleged illegal expenditure of public funds not limited to plaintiffs who have paid property taxes in relevant jurisdiction. |
Civil Procedure |
|
Jun. 5, 2017 | |
S224476
|
Williams & Fickett v. Co. of Fresno
Where sole basis for challenge of tax assessment is non-ownership of property, challenger must first exhaust administrative remedies; contrary holding in previous high court case partially overruled. |
Taxation |
|
Jun. 5, 2017 |