| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
14-17571
|
De La Torre v. CashCall
Order |
|
Apr. 24, 2017 | ||
|
16-15141
|
CTIA v. City of Berkeley
City ordinance requiring cellphone providers to post FCC safety guidelines in stores not violative of First Amendment, as City has interest in limiting commercial speech to promote public health. |
Constitutional Law |
|
Apr. 24, 2017 | |
|
14-17366
|
Weeden v. Johnson
Attorney's failure to pursue psychological testing for minor client accused of felony murder constitutes ineffective assistance of counsel, as not pursuing testing is not a 'trial strategy.' |
Attorneys |
|
Apr. 24, 2017 | |
|
S240505
|
People v. Harris
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. 21, 2017 | ||
|
S240321
|
People v. Kennedy
Was the jury properly instructed on the "kill zone" theory of attempted murder? |
|
Apr. 21, 2017 | ||
|
S240615
|
People v. Lowery
For the purpose of the distinction between felony and misdemeanor forgery, is the value of an uncashed forged check the face value (or stated value) of the check or only the intrinsic value of the paper it is printed on? |
|
Apr. 21, 2017 | ||
|
G051784
|
Gabrielle A. v. County of Orange
No contest plea entered in dependency court determined not to be entered under coercion is properly considered in subsequent civil trial challenging, among other things, jurisdiction of previous case. |
Family Law |
|
Apr. 21, 2017 | |
|
B269900
|
Tepper v. Wilkins
Demurrer properly sustained without leave to amend, where plaintiff lacks standing to bring elder abuse action against her siblings on behalf of their mother. |
Torts |
|
Apr. 21, 2017 | |
|
B266060
|
Broadway Victoria LLC v. Norminton, Wiita & Fuster
Grant of nonsuit proper, where claim for breach of fiduciary duty duplicative of claim for professional negligence. |
Attorneys |
|
Apr. 21, 2017 | |
|
B268133
|
Baranchik v. Fizulich
Plaintiff whose criminal conviction was dismissed may not pursue excessive force claim against officer due to bar under 'Heck v. Humphrey.' |
Civil Rights |
|
Apr. 21, 2017 | |
|
15-60031
|
Peter Mastan v. James Salamon
Holder of junior non-recourse liens does not have right to claim on property under 11 U.S.C. § 1111(b) after non-judicial foreclosure and sale of property by senior lienholder. |
Bankruptcy |
|
Apr. 21, 2017 | |
|
15-16985
|
Porter v. Nabors Drilling USA LP
Governmental unit exception to automatic bankruptcy stay does not apply to plaintiff's Private Attorney General Act action. |
Bankruptcy |
|
Apr. 21, 2017 | |
|
15-10560
|
U.S. v. Rivera-Muniz
California's manslaughter statute matches generic definition of manslaughter and is therefore categorically a crime of violence under United States Sentencing Guidelines. |
Criminal Law and Procedure |
|
Apr. 21, 2017 | |
|
16-10152
|
United States v. Harris
California law makes irrevocable, discretionary trusts 'property' subject to liens issued to collect unpaid federal conviction restitution orders. |
Probate and Trusts |
|
Apr. 21, 2017 | |
|
S240247
|
Salazar v. Intermodal Bridge Transport
Is the plaintiff in a representative action under the Labor Code Private Attorneys General Act of 2004 (Lab. Code, Section 2698 et seq.) entitled to discovery of the names and contact information of other "aggrieved employees" at the beginning of the proceeding or is the plaintiff first required to show good cause in order to have access to such information? |
|
Apr. 21, 2017 | ||
|
S240246
|
Hernandez v. S.C. (People)
Opinion |
|
Apr. 21, 2017 | ||
|
A148887
|
In re Edward B.
Where no evidence shows ward's relationship to gang activity or gangs, probation condition forbidding his association with known gang members is improper. |
Criminal Law and Procedure |
|
Apr. 21, 2017 | |
|
12-35986
|
Blixseth v. Yellowstone Mountain Club LLC
Order |
|
Apr. 20, 2017 | ||
|
G053623
|
McDermott Will & Emery LLP v. Superior Court (Hausman)
Disqualification of law firm appropriate following firm's violation of ethical obligations regarding use of inadvertently disclosed privileged email. |
Attorneys |
|
Apr. 20, 2017 | |
|
G052678
|
Sumrall v. Modern Alloys, Inc.
Where employer requires employees to first arrive at stockyard to fetch materials before beginning paid workday at jobsite, commute to stockyard may be deemed 'special errand' exception to 'going and coming' rule. |
Torts |
|
Apr. 20, 2017 | |
|
C079270
|
Quigley v. Garden Valley Fire Protection District
Nonsuit properly granted in favor of local firefighting agencies and their employees based on statutory immunity. |
Immunity |
|
Apr. 20, 2017 | |
|
15-7250
|
Manrique v. United States
Failure to file second notice of appeal after entry of amended judgment constitutes forfeiture of claim under Federal Rule of Appellate Procedure 4. |
Criminal Law and Procedure |
|
Apr. 20, 2017 | |
|
15-1256
|
Nelson v. Colorado
Colorado statute establishing procedure for obtaining restitution for wrongful conviction violates due process, as requirement to show 'actual innocence' is creates risk of erroneous deprivation of interest. |
Constitutional Law |
|
Apr. 20, 2017 | |
|
B266687
|
People v. Armijo
Where defendant makes clear in letter to court that he wishes to replace an ineffective court-appointed attorney, court's decision not to hold hearing addressing request was in error. |
Criminal Law and Procedure |
|
Apr. 20, 2017 | |
|
B275225
|
Featherstone v. Southern California Permanente Medical Group
Company's failure to rescind resignation is not adverse employment action under Fair Employment and Housing Act, as employer no longer has employment relationship with former employee. |
Employment Law |
|
Apr. 20, 2017 | |
|
B266466
|
Jackson v. Mayweather
Boxing champion succeeds in striking former girlfriend's claims for defamation, false light portrayal, and intentional infliction of emotional distress. |
Anti-SLAPP |
|
Apr. 20, 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 |
|
Apr. 19, 2017 | |
|
16-149
|
Coventry Health Care of Missouri Inc. v. Nevils
State law barring subrogation and reimbursement preempted by Federal Employees Health Benefits Act's preemption provision. |
Health Care |
|
Apr. 19, 2017 | |
|
15-1406
|
Goodyear Tire v. Haeger
Award of attorney's fees is abuse of discretion as district court failed to make 'causal connection' between party's failure to comply with discovery requests and legal costs. |
Attorneys |
|
Apr. 19, 2017 | |
|
D070590
|
People v. Antonio
Sentencing judge is not required to order Department of Corrections and Rehabilitation to make prisoner available to foreign jurisdiction to serve concurrent sentence. |
Criminal Law and Procedure |
|
Apr. 19, 2017 |
For reprint rights or to purchase a copy of your Daily Journal photo, email Jeremy_Ellis@dailyjournal.com for prices or call 213-229-5424. To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com