| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
16-969
|
SAS Institute v. Lee
Does 35 U.S.C. Section 318(a), which provides that the Patent Trial and Appeal Board in an inter partes review "shall issue a final written decision with respect to the patentability of any patent claim challenged by the petitioner," require that Board to issue a final written decision as to every claim challenged by the petitioner, or does it allow that Board to issue a final written decision with respect to the patentability of only some of the patent claims challenged by the petitioner, as the Federal Circuit held? |
|
May 23, 2017 | ||
|
D069959
|
People v. Cervantes
Defendant's motion to suppress drug evidence found in his vehicle properly denied, where his passenger's status as probationer justifies search. |
Criminal Law and Procedure |
|
May 22, 2017 | |
|
C075611
|
Gillotti v. Stewart
In construction defect lawsuit brought under Right to Repair Act, homeowner fails to overturn favorable judgment against grading subcontractor for tree damage. |
Torts |
|
May 22, 2017 | |
|
A144762
|
Marriage of Stupp and Schilders
When there is no pending motion for support, 'good cause' does not exist to justify order requiring wife to submit to vocational examination under Family Code Section 4331. |
Family Law |
|
May 22, 2017 | |
|
15-1429
|
Lee v. Roessler-Lobert (In re Roessler-Lobert)
While attorney's lack of diligence undoubtedly warranted some sanction, dismissal of adversary claim for lack of prosecution was too harsh, warranting reversal. |
Bankruptcy |
|
May 22, 2017 | |
|
15-17123
|
Olivas v. State of Nevada ex rel. Dept. of Corrections
Complaint against Nevada Dept. of Corrections and officers improperly dismissed because former prisoners are not subject to Prison Litigation Reform Act's screening requirement. |
Prisoners Rights |
|
May 22, 2017 | |
|
13-35474
|
United States v. Washington
Order |
|
May 22, 2017 | ||
|
F071338
|
People v. Fernandez
Juvenile adjudications may disqualify petitioner from Prop 47 resentencing relief, if conditions in Penal Code Section 667(d) are met. |
Criminal Law and Procedure |
|
May 22, 2017 | |
|
E065418
|
Van Audenhove v. Perry
On question of first impression, arrest without any formal charges will not support claim for malicious prosecution. |
Torts |
|
May 22, 2017 | |
|
G052947
|
Marriage of Minkin
Husband's requirement to pay portion of his 'annual bonus' to ex-wife include only discretionary payment based on performance and not all payments above base pay. |
Family Law |
|
May 22, 2017 | |
|
S241204
|
People v. Haro
Whether a trial court may rely on the facts of counts dismissed under a plea agreement to find the defendant ineligible for resentencing under the provisions of Proposition 36, and People v. Frierson, S236728 (#16-362), which concerns the standard of proof for such a finding of ineligibility for resentencing. |
|
May 19, 2017 | ||
|
B264885
|
People v. Roa
Expert witnesses may not testify to specific facts contained in defendant's medical and police records during sexually violent predator commitment proceeding, as documents not part of record. |
Criminal Law and Procedure |
|
May 19, 2017 | |
|
S241275
|
People v. Baughman
Does Proposition 47 ("the Safe Neighborhoods and Schools Act") apply to the offense of unlawful taking or driving a vehicle (Veh. Code, § 10851), because it is a lesser included offense of Penal Code section 487, subdivision (d), and that offense is eligible for resentencing to a misdemeanor under Penal Code sections 490.2 and 1170.18? |
|
May 19, 2017 | ||
|
S241253
|
People v. Cotton
What is the value of an unused stolen debit card for the purpose of distinguishing between misdemeanor and felony receiving stolen property in violation of Penal Code section 496, subdivision (a)? |
|
May 19, 2017 | ||
|
S241262
|
People v. Cruder
Does Proposition 47 ("the Safe Neighborhoods and Schools Act") apply to the offense of unlawful taking or driving a vehicle (Veh. Code, § 10851), because it is a lesser included offense of Penal Code section 487, subdivision (d), and that offense is eligible for resentencing to a misdemeanor under Penal Code sections 490.2 and 1170.18? |
|
May 19, 2017 | ||
|
S241173
|
People v. Flores
Does Proposition 47 ("the Safe Neighborhoods and Schools Act") apply to the offense of unlawful taking or driving a vehicle (Veh. Code, § 10851), because it is a lesser included offense of Penal Code section 487, subdivision (d), and that offense is eligible for resentencing to a misdemeanor under Penal Code sections 490.2 and 1170.18? |
|
May 19, 2017 | ||
|
S241248
|
People v. Geray
Is a defendant eligible for resentencing on the penalty enhancement for serving a prior prison term on a felony conviction after the superior court has reclassified the underlying felony as a misdemeanor under the provisions of Proposition 47? |
|
May 19, 2017 | ||
|
B265267
|
Kinney v. Clark
Frivolous appeal dismissed and expanded prefiling order and sanctions imposed on vexatious litigant. |
Civil Procedure |
|
May 19, 2017 | |
|
S241323
|
People v. Cervantes
Are juvenile offenders convicted in adult court before the effective date of Proposition 57 entitled to a fitness hearing in juvenile court before sentencing? (See also People v. Superior Court (Lara), S241231.) |
|
May 19, 2017 | ||
|
17-15499
|
Broadway Grill Inc. v. Visa Inc.
'Benko' does not allow plaintiff to defeat CAFA's minimal diversity requirement by amending complaint to completely alter class definition. |
Civil Procedure |
|
May 19, 2017 | |
|
16-15277
|
Nordstrom v. Ryan
Arizona Department of Corrections' policy of reading inmates' outgoing legal mail violates Sixth and First Amendments. |
Prisoners Rights |
|
May 19, 2017 | |
|
15-55806
|
Defenders of Wildlife v. Zinke
Summary judgment properly granted in federal defendants' favor in action challenging approval of right-of-way over federal land based on possible impact on desert tortoise. |
Environmental Law |
|
May 19, 2017 | |
|
14-35689
|
Spencer v. Peters
Father prevails in deliberate fabrication of evidence claim against detective responsible for his nearly two decades in prison for crime he did not commit. |
Civil Rights |
|
May 19, 2017 | |
|
S240649
|
Flo and Eddie v. Pandora Media
Under section 980(a)(2) of the California Civil Code, do copyright owners of pre-1972 sound recordings that were sold to the public before 1982 possess an exclusive right of public performance? If not, does California's common law of property or tort otherwise grant copyright owners of pre-1972 sound recordings an exclusive right of public performance? |
|
May 19, 2017 | ||
|
S241231
|
People v. Superior Court (Lara)
Are the provisions of Proposition 57 that eliminated the direct filing of certain juvenile cases in adult court applicable to cases already filed? (See also People v. Cervantes, S241323.) |
Juveniles |
|
May 19, 2017 | |
|
F070609
|
People v. Marquez
Juvenile homicide offender not entitled to procedural changes brought on by passage of Prop. 57, which eliminated 'direct filing' of serious felony cases in adult court. |
Criminal Law and Procedure |
|
May 18, 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 |
|
May 18, 2017 | |
|
A147910
|
People v. Hudson
Appellant unsuccessful in challenging the definition of 'force' that found the momentum of a stolen car satisfied the statutory requirement. |
Criminal Law and Procedure |
|
May 18, 2017 | |
|
15-17256
|
Davies v. Benov
Waiver provision in plea agreement bars challenge to use of federal funds to incarcerate defendant for conduct that allegedly complied with California's medical marijuana laws. |
Criminal Law and Procedure |
|
May 18, 2017 | |
|
14-35786
|
Alliance for the Wild Rockies v. Bradford
Plaintiffs unsuccessful in challenging U.S. Forest Service's construction of 4.7 miles of new roads in Montana forest, where new roads do not violate forest plan. |
Environmental Law |
|
May 18, 2017 |
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