| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
14-16814
|
City of Dearborn Heights Act 345 Police & Fire Retirement System v. Align Technology Inc.
Securities fraud action against makers of Invisalign braces regarding valuation of subsidiary, properly dismissed where investors failed to sufficiently plead falsity and scienter. |
Securities |
|
May 8, 2017 | |
|
14-16514
|
Fisher v. Kealoha
Defendant unsuccessful in challenging prohibition on owning or possessing firearms imposed due to prior harassment conviction. |
Civil Rights |
|
May 8, 2017 | |
|
14-10367
|
United States v. Liew
Defendant's denial of stealing trade secrets in civil case does not merit criminal conviction for conspiracy to obstruct justice, as denial could be of legal legal liability, not of material facts. |
Criminal Law and Procedure |
|
May 8, 2017 | |
|
A142488
|
People v. Salvador
Error in sentencing defendant to consecutive 10-year gang enhancement terms on each of his indeterminate life terms results in vacated enhancements and remand for resentencing. |
Criminal Law and Procedure |
|
May 8, 2017 | |
|
B258732
|
Batze v. Safeway Inc.
Employees unsuccessful in challenging judgment in employers' favor, where substantial evidence supports employees' status as exempt from overtime rules. |
Labor Law |
|
May 5, 2017 | |
|
E064038
|
People v. Lua
Court's remarks during sentencing suggesting it may not have properly understood scope of its sentencing discretion results in remand for resentencing. |
Criminal Law and Procedure |
|
May 5, 2017 | |
|
S229728
|
Park v. Board of Trustees of the California State University
University's communications alone regarding its decision to deny tenure to Korean assistant professor does not convert professor's discrimination claim subject to anti-SLAPP motion. |
Employment Discrimination |
|
May 5, 2017 | |
|
B276745
|
In re Priscilla A.
Daughter's false accusations of physical abuse are not enough to remove her from father's custody, as accusations do not show that she suffered serious physical harm. |
Dependency |
|
May 5, 2017 | |
|
B262102
|
People v. Slough
Evidence insufficient to support finding that defendant drug dealer personally inflicted great bodily injury on heroin user who injected himself with fatal dose. |
Criminal Law and Procedure |
|
May 4, 2017 | |
|
14-56765
|
Friedman v. AARP Inc.
AARP must face unfair competition action filed by retiree who accused it of transacting and soliciting insurance without a license following erroneous dismissal. |
Business Law |
|
May 4, 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 4, 2017 | |
|
D070060
|
People v. International Fidelity Insurance Co.
Alleged changed conditions did not materially alter surety's risk that would warrant vacation of forfeiture and exoneration of bond following defendant's failed appearance. |
Criminal Law and Procedure |
|
May 4, 2017 | |
|
B271300
|
People v. Bryant
Electronics search condition stricken from offender's term of mandatory supervision where it has no relation to crime of conviction, possessing concealed weapon in vehicle. |
Criminal Law and Procedure |
|
May 4, 2017 | |
|
C081487
|
Berman v. HSBC Bank USA
Allegation that letter informing borrower of denial of loan modification application of 15-day appeal window shows violation of Civil Code Section 2923.6, which provides 30-day window to appeal. |
Banking |
|
May 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 |
|
May 4, 2017 | |
|
11-16305
|
Hickcox-Huffman v. US Airways Inc.
The Airline Deregulation Act does not preempt state law claims arising out of delayed baggage. |
Contracts |
|
May 4, 2017 | |
|
B271408
|
Yolanda’s Inc. v. Kahl & Goveia Commercial Real Estate
Judgment creditor may ask third party about location of assets during third party judgment creditor examination even though third party no longer possessed properties in dispute. |
Civil Procedure |
|
May 4, 2017 | |
|
B267505
|
Hinrichs v. Melton
Preexisting use not a required condition of an equitable easement; courts weigh hardships and consider potential irreparable harms. |
Real Property |
|
May 4, 2017 | |
|
B267613
|
Garcia v. American Golf Corp.
Pasadena is not immune from liability for injuries suffered by child who was struck by errant golf ball while strolling along Rose Bowl Loop. |
Immunity |
|
May 4, 2017 | |
|
A143684
|
Clary v. City of Crescent City
City lawfully placed lien on property for costs of nuisance abatement despite property owner's relentless assertion that overgrown bushes and rubbish were not a nuisance. |
Real Property |
|
May 3, 2017 | |
|
B277600
|
Cross v. Superior Court (Kidane)
Business and Professions Section 2225 abrogates psychotherapist-patient privilege for purposes of medical board's investigation of a psychiatrist, permitting disclosure of patient records. |
Consumer Law |
|
May 3, 2017 | |
|
15-30039
|
United States v. Rodriguez-Soriano
Defendant who pleaded guilty to felony charge is ineligible for resentencing after Sentencing Guidelines are amended, as district court did not base reduced term of imprisonment on guidelines. |
Criminal Law and Procedure |
|
May 3, 2017 | |
|
A145038
|
People v. Lee
Businessman escapes multiple identity theft convictions because he neither used victims' personal identifying information for any unlawful purpose nor used such information without consent. |
Criminal Law and Procedure |
|
May 3, 2017 | |
|
B263563
|
Julian v. Mission Community Hospital
Plaintiff subjected to involuntary 72-hour mental health hold unsuccessful in challenging judgment in defendants' favor. |
Civil Rights |
|
May 3, 2017 | |
|
B275914
|
In re A.N.
Student deemed habitual truant does not need to meet with School Attendance Review Board before being subject to juvenile court, as meeting with board is merely statutorily provided 'option.' |
Juveniles |
|
May 3, 2017 | |
|
A148364
|
Oswaldo R., a Minor
Gang-related condition passes constitutional muster where it provided reasonable degree of certainty, despite juvenile probationer's argument that it must provide 'absolute clarity.' |
Juveniles |
|
May 3, 2017 | |
|
15-423
|
Bolivarian Republic of Venezuela v. Helmerich & Payne Int’l Drilling Co.
Nonfrivolous-argument standard inconsistent with Foreign Sovereign Immunities Act, resulting in vacated judgment that permitted expropriation suit against Venezuelan government. |
Immunity |
|
May 2, 2017 | |
|
15-1111
|
Bank of America Corp. v. City of Miami
Foreseeability is insufficient to establish proximate cause under the Fair Housing Act; 'direct relation' between injury asserted and injurious conduct alleged is required. |
Real Property |
|
May 2, 2017 | |
|
16-1298
|
Kashikar v. Turnstile Capital Management LLC (In re Kashikar)
Former med student partially prevails in adversary proceeding seeking determination that funds received for med school had been discharged in chapter 7 bankruptcy filing. |
Bankruptcy |
|
May 2, 2017 | |
|
A147957
|
Carr v. Superior Court (Dept. of Developmental Services)
Doctor's issuance of competency certification is proper and not an attempt to circumvent state's obligation to place defendant in state hospital where he was never incompetent to begin with. |
Criminal Law and Procedure |
|
May 2, 2017 |
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