| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
16-7685
|
Carroll v. Alabama
Order |
|
May 2, 2017 | ||
|
16-498
|
Patchak v. Zinke
Does a statute directing the federal courts to "promptly dismiss" a pending lawsuit following substantive determinations by the courts (including this Court's determination that the "suit may proceed")-without amending underlying substantive or procedural laws-violate the Constitution's separation of powers principles? |
|
May 2, 2017 | ||
|
16-784
|
Merit Management Group v. FTI Consulting
Whether the safe harbor of 11 U.S.C. Section 546(e) prohibits avoidance of a transfer made by or to a financial institution, without regard to whether the institution has a beneficial interest in the property transferred, consistent with decisions from the Second, Third, Sixth, Eighth, and Tenth Circuits, but contrary to decisions from the Eleventh Circuit and now the Seventh Circuit. |
|
May 2, 2017 | ||
|
14-10311
|
U.S. v. Velazquez
District court abuses its discretion in denying defendant's motion to substitute counsel where its inquiry into defendant's allegations regarding attorney's representation was inadequate. |
Criminal Law and Procedure |
|
May 2, 2017 | |
|
13-72250
|
Ayala v. Sessions
Extortion on the basis of a protected characteristic, e.g. membership in a family, can constitute persecution for asylum-seeking purposes. |
Immigration |
|
May 2, 2017 | |
|
E059735
|
People v. Brown
Because prosecution's elected factual theory was not supported by substantial evidence, forcible rape and rape in concert convictions must be reversed. |
Criminal Law and Procedure |
|
May 2, 2017 | |
|
A143440
|
Cuevas v. Contra Costa County
In medical malpractice action, refusal to allow evidence of plaintiff's future health benefits results in new trial on amount of his future medical damages. |
Torts |
|
May 1, 2017 | |
|
B265937
|
People v. Guzman
Evidence obtained in alleged violation of eavesdropping statute's exclusionary rule is properly admitted under Proposition 8's Right to Truth-in-Evidence provision of the state Constitution. |
Criminal Law and Procedure |
|
May 1, 2017 | |
|
H043648
|
Fox Factory Inc. v. Superior Court (Isherwood)
'Seriously inconvenient forum' standard is inappropriate in forum non conveniens consideration in tort action involving Canadian plaintiff and California defendant. |
Civil Procedure |
|
May 1, 2017 | |
|
G052409
|
Ochoa v. Anaheim City School District
School District must proceed with soliciting and selecting charter school proposals after erroneously rejecting parents' trigger petition seeking change in governance of poorly-performing elementary school. |
Education |
|
May 1, 2017 | |
|
D071020
|
R.S., a Minor
Juvenile forfeits alleged constitutional challenges to probation conditions related to 'routinely imposed' search condition and travel restrictions. |
Juveniles |
|
May 1, 2017 | |
|
D070611
|
I.V., a Minor
Juvenile ward fails to overturn probation condition requiring him to enroll in structured youth program where court considered his educational needs in imposing condition. |
Juveniles |
|
May 1, 2017 | |
|
14-35431
|
Wildwest Institute v. Kurth
U.S. Fish and Wildlife Service's 'warranted but precluded' finding over the whitebark pine, a species in danger of extinction, satisfies Endangered Species Act. |
Environmental Law |
|
May 1, 2017 | |
|
14-17434
|
Prather v. Sprint Communications Inc.
Purported whistleblower cannot share in government's settlement of False Claims Act action against telecommunications companies because he has no right to intervene in action. |
Civil Procedure |
|
May 1, 2017 | |
|
S240118
|
People v. Tucker
Is defendant eligible for resentencing on the penalty enhancement for serving a prior prison term on a felony conviction after the superior court had reclassified the underlying felony as a misdemeanor under the provisions of Proposition 47? |
|
Apr. 28, 2017 | ||
|
S240208
|
People v. Bastidas
Does the Safe Neighborhood and Schools Act [Proposition 47] (Gen. Elec. (Nov. 4, 2014)), which made specified crimes misdemeanors rather than felonies, apply retroactively to a defendant who was sentenced before the Act's effective date but whose judgment was not final until after that date? What is the significance, if any, of the decision in People v. Conley (2016) 63 Cal.4th 646 on the issues in this case? |
|
Apr. 28, 2017 | ||
|
S240563
|
People v. Greenlee
Is defendant eligible for resentencing on the penalty enhancement for serving a prior prison term on a felony conviction after the superior court had reclassified the underlying felony as a misdemeanor under the provisions of Proposition 47? |
|
Apr. 28, 2017 | ||
|
S240754
|
People v. Moreno
Does Proposition 47 ("the Safe Neighborhoods and Schools Act") apply to the offense of unlawful taking or driving a vehicle (Veh. Code, Section 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? |
|
Apr. 28, 2017 | ||
|
D070006
|
Save Our Heritage Organisation v. City of San Diego (Plaza de Panama Committee)
City project proponent cannot win attorney fees despite prevailing on appeal, as opposing party did not seek to 'adversely affect public interest' in challenging revitalization of San Diego's Balboa Park. |
Attorneys |
|
Apr. 28, 2017 | |
|
B269349
|
People v. Pou
Motion to suppress drug evidence seized pursuant to warrantless entry and search of home properly denied based on emergency aid exception to warrant requirement. |
Criminal Law and Procedure |
|
Apr. 28, 2017 | |
|
16-15372
|
Rizo v. Yovino
Contrary decision regarding wage disparity claim under Equal Pay Act vacated where prior salary alone may constitute affirmative defense as 'other factor other than sex.' |
Employment Law |
|
Apr. 28, 2017 | |
|
S240795
|
People v. Wilson
Does the definition of "unreasonable risk of danger to public safety" (Pen. Code, Section 1170.18, subd. (c)) under Proposition 47 ("the Safe Neighborhoods and Schools Act") apply to resentencing under the Three Strikes Reform Act of 2012 (Pen. Code, Section 1170.126)? |
|
Apr. 28, 2017 | ||
|
S240470
|
Guardianship v. G. (Denis)
Order |
|
Apr. 28, 2017 | ||
|
S241133
|
Dow Agrosciences v. Superior Court (Center for Environmental Health)
Opinion |
|
Apr. 28, 2017 | ||
|
H042189
|
People v. Elder
Imposition of multiple victim enhancement in connection with deadly DUI case runs afoul of general prohibition against multiple punishments for same act. |
Criminal Law and Procedure |
|
Apr. 27, 2017 | |
|
C078706
|
City of Jackson v. WCAB
Genetics is a proper factor on which to base causation of disability, leading to annulment of WCAB's decision to the contrary. |
Workers' Compensation |
|
Apr. 27, 2017 | |
|
G052282
|
People v. Vela
Proposition 57 applies retroactively to minor involved in gang-related killing and directly tried as adult, requiring reversal and remand for juvenile transfer hearing. |
Criminal Law and Procedure |
|
Apr. 26, 2017 | |
|
A145156
|
People v. Sanford
Teenager found in suspected getaway car involved in jewelry heist obtains reversal of robbery conviction where no other evidence linked him to the crime. |
Criminal Law and Procedure |
|
Apr. 26, 2017 | |
|
15-1500
|
Lewis v. Clarke
Tribal sovereign immunity does not bar individual-capacity damages against tribal employee for tort committed within scope of his employment. |
Administrative Agencies |
|
Apr. 26, 2017 | |
|
C081190
|
City of Santa Maria v. Cohen
City of Santa Maria as successor agency to defunct redevelopment agency may not use redevelopment funds to pay bonds due on parking facilities. |
Administrative Agencies |
|
Apr. 26, 2017 |
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