Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B270513
|
Hart v. Darwish
Malicious prosecution filed by tenants against property owners properly dismissed under 'interim adverse judgment' rule even though tenants prevailed in underlying unlawful detainer action. |
Civil Procedure |
|
Jun. 4, 2017 | |
D069189
|
San Diegans for Open Government v. San Diego State University Research Foundation (investigative newsource)
Anti-SLAPP motions in journalism organization's favor properly granted, where organization's contracting with local radio and television station is protected conduct. |
Anti-SLAPP |
|
Jun. 4, 2017 | |
D070771
|
Orange County Water District v. Alcoa Global Fasteners Inc.
In action seeking recovery of costs associated with remediating groundwater contamination, water district unsuccessful except as to one alleged polluter. |
Environmental Law |
|
Jun. 4, 2017 | |
D070562
|
Orange County Water District v. MAG Aerospace Industries Inc.
Motion for judgment properly granted against water district although trial court applied wrong causation standard where error was harmless. |
Environmental Law |
|
Jun. 4, 2017 | |
C075897
|
City of Galt v. Cohen (Callander Associates Landscape Architecture Inc.)
Dept. of Finance properly found sponsor agreement entered between City of Galt and former redevelopment agency unenforceable under freeze component of the Dissolution Law. |
Municipal Law |
|
Jun. 4, 2017 | |
F070176
|
People v. Calistro
'Taking and receiving doctrine' does not bar conviction of both driving stolen car and receiving stolen property within it. |
Criminal Law and Procedure |
|
Jun. 4, 2017 | |
16-72178
|
Sherrod v. U.S.
Order |
|
Jun. 4, 2017 | ||
14-16321
|
Wendell v. GlaxoSmithKline LLC
In case alleging defendants' drugs caused rare cancer, district court errs in excluding plaintiffs' expert testimony as unreliable. |
Evidence |
|
Jun. 4, 2017 | |
D070561
|
Pacific Bay Recovery Inc. v. California Physicians’ Services Inc.
Demurrer properly sustained without leave to amend where nonemergency care rendered by out-of-network service provider was limited by terms of applicable evidence of coverage. |
Administrative Agencies |
|
Jun. 2, 2017 | |
C079617
|
Hardesty v. State Mining and Geology Board
Landowner with federal mining patents unsuccessful in overturning State Mining and Geology Board's finding that he did not have grandfathered right to surface mine. |
Real Property |
|
Jun. 2, 2017 | |
H042641
|
Heimlich v. Shivji
Client entitled to obtain decision on merits of his post-award CCP 998 request for cost after arbitrator erroneously refused to even hear evidence relevant to it. |
Arbitration |
|
Jun. 2, 2017 | |
D070171
|
Coastal Environmental Rights Foundation v. California Regional Water Quality Control Board
Plaintiff unsuccessful in challenging regional water quality control board's approval of fireworks permit over region's surface waters. |
Environmental Law |
|
Jun. 2, 2017 | |
S223763
|
People v. Gonzalez
Gang member's nonverbal, threatening gestures that are unaccompanied by words or sound cannot support criminal threat charges under Penal Code Section 422. |
Criminal Law and Procedure |
|
Jun. 2, 2017 | |
S224724
|
People v. Gutierrez
Wrongful denial of 'Batson/Wheeler' motion that alleged discriminatory exclusion of Hispanic juror results in reversal of convictions. |
Criminal Law and Procedure |
|
Jun. 2, 2017 | |
15-15428
|
Bauer v. Becerra
California's use of a portion of 'DROS' fees to fund program that helps curb illegal firearm purchasers does not run afoul of Second Amendment. |
Civil Rights |
|
Jun. 2, 2017 | |
15-10385
|
U.S. v. Orozco
Stop of tractor-trailer was unconstitutional pretextual stop not justified under administrative search doctrine. |
Criminal Law and Procedure |
|
Jun. 2, 2017 | |
14-30210
|
U.S. v. Pimentel-Lopez
In drug possession and conspiracy case, jury's special finding that quantity of drugs was less than 50 grams is dispositive and cannot be contradicted by court. |
Criminal Law and Procedure |
|
Jun. 2, 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. 1, 2017 | |
B271406
|
People v. Zamudio
District attorney's ability to petition for parole revocation without completing certain procedural steps as required of supervision parole agencies, does not violate equal protection. |
Criminal Law and Procedure |
|
Jun. 1, 2017 | |
C077206
|
Stover v. Bruntz
Awarding father retroactive child care credits for time period before father filed motion to modify support violates statutory scheme and is in excess of court's jurisdiction. |
Family Law |
|
Jun. 1, 2017 | |
16-1318
|
Olomi v. Tukhi (In re Tukhi)
One-time act of noncompliance with local rule due to counsel's misreading of statute does not warrant dismissal of entire action. |
Bankruptcy |
|
Jun. 1, 2017 | |
F073340
|
POET LLC v. State Air Resources Board
On rehearing, appellate court echoes prior holding finding Air Resources Board's purported compliance with operative writ deficient and emphasizes appropriate remedy following erroneously discharged writ. |
Environmental Law |
|
Jun. 1, 2017 | |
G052484
|
People v. Nguyen
Criminal defendant had 'present ability' to strike officers with samurai sword although he stood 10 to 15 feet away from them, supporting his conviction. |
Criminal Law and Procedure |
|
Jun. 1, 2017 | |
H043426
|
City of Morgan Hill v. Bushey (River Park Hospitality)
Electorate successful in challenging city's exclusion of referendum from ballot, where referendum properly challenges ordinance seeking to change zoning to comply with city's general plan. |
Elections |
|
Jun. 1, 2017 | |
13-50561
|
U.S. v. Sanchez-Gomez
District court's policy of routinely shackling all pretrial detainees in the courtroom is unconstitutional. |
Criminal Law and Procedure |
|
Jun. 1, 2017 | |
D071323
|
Ogunsalu v. Superior Court (California Commission on Teacher Credentialing)
Vexatious litigant prefiling requirements apply to self-represented litigant, previously declared a vexatious litigant, who was 'appealing' adverse administrative proceeding ruling via writ petition. |
Civil Procedure |
|
Jun. 1, 2017 | |
A145078
|
California Taxpayers Action Network v. Taber Construction Inc.
Plaintiff in reverse validation action challenging lease-leaseback agreement between school district and construction company wins partial reversal, where it sufficiently states claim for conflict of interest. |
Government |
|
Jun. 1, 2017 | |
D070495
|
Marriage of Grissom
Domestic violence restraining order properly denied where applicant was initial aggressor and alleged abuser was merely defending himself from her aggressive actions. |
Family Law |
|
Jun. 1, 2017 | |
17-16014
|
Ortiz v. Sessions
Order |
|
Jun. 1, 2017 | ||
B280270
|
CRST Inc. v. Superior Court (Lennig)
Employer's admission of vicarious liability does not shield it from punitive damages; employer nonetheless not subject to punitive damages due to lack of triable issues of fact. |
Remedies |
|
May 31, 2017 |