Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
E067122
|
In re J.S.
Juvenile court erred by prohibiting mother from testifying about son's siblings at parental rights termination hearing, as statutory sibling relationship exception could have applied to proceedings. |
Family Law |
|
Apr. 19, 2017 | |
12-74027
|
Minto v. Sessions
Petition for review denied, where petitioner properly deemed inadmissible immigrant lacking valid entry document at time of application for admission. |
Immigration |
|
Apr. 18, 2017 | |
D069757
|
In re Marriage of Djulus
Commissioner's failure to obtain party's consent to act as temporary judge in case renders judgment of marital dissolution void. |
Constitutional Law |
|
Apr. 18, 2017 | |
S170957
|
People v. Becerrada
Lying-in-wait circumstance in error, as evidence does not support theory that defendant knew victim would not drop rape charges against him before calling her to his house where he attacked her. |
Criminal Law and Procedure |
|
Apr. 18, 2017 | |
C080534
|
In re Marriage of Huntley
Trial court errs in denying wife's motion to adjudicate omitted community property, where court retains continuing jurisdiction even after entry of default judgment dissolving marriage. |
Family Law |
|
Apr. 18, 2017 | |
A149064
|
In re Trejo
Youth offender's incarceration may not be extended beyond time he is found suitable for parole under Penal Code Section 3051 based on his commission of in-prison offense. |
Criminal Law and Procedure |
|
Apr. 17, 2017 | |
B271350
|
Urban Wildlands Group v. City of L.A.
Civil procedure statute allowing courts to vacate rulings as a result of attorney error applies strictly to default judgments and dismissals. |
Civil Procedure |
|
Apr. 17, 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 |
|
Apr. 17, 2017 | |
15-15362
|
Wortman v. All Nippon Airways
Filed rate doctrine does not bar collusion suit over foreign airlines' unfiled rates. |
Civil Procedure |
|
Apr. 17, 2017 | |
15-10402
|
United States v. Davis
Sex crime charge presented to grand jury requiring knowledge of victim's age later presented to trial jury as requiring mere opportunity to observe victim's age is reversible constructive amendment. |
Criminal Law and Procedure |
|
Apr. 17, 2017 | |
17-15257
|
Dunson v. Cordis Corp.
Defendant unsuccessful in invoking CAFA's mass action provision to remove actions to federal court, where plaintiffs' consolidation motion does not propose joint trial of their claims. |
Civil Procedure |
|
Apr. 17, 2017 | |
B265251
|
People v. Paz
Penetration past the buttocks and into the perianal area is threshold for sexual penetration requirement of forcible sodomy, as statutory definition of object penetration applies to sodomy. |
Criminal Law and Procedure |
|
Apr. 17, 2017 | |
16-5441
|
Edmond v. U.S.
Order |
|
Apr. 17, 2017 | ||
16-5461
|
Harper v. U.S.
Order |
|
Apr. 17, 2017 | ||
16-7535
|
Lewis v. U.S.
Order |
|
Apr. 17, 2017 | ||
S239713
|
People v. Rodriguez
(1) Was the accomplice testimony in this case sufficiently corroborated? (See People v. Romero and Self (2015) 62 Cal.4th 1, 36.) (2) Is the defendant's constitutional challenge to his 50 years to life sentence moot when, unlike in People v. Franklin (2016) 63 Cal.4th 261, his case was not remanded to the trial court to determine if he was provided an adequate opportunity to make a record of information that will be relevant to the Board of Parole Hearings as it fulfills its statutory obligations under Penal Code sections 3051 and 4801? |
|
Apr. 14, 2017 | ||
S240485
|
People v. Allison
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. 14, 2017 | ||
S239560
|
People v. Dean
Did the Court of Appeal err in upholding the trial court's denial of defendants' Batson/Wheeler motions? |
|
Apr. 14, 2017 | ||
S240312
|
People v. Hammonds
(1) Did the trial court improperly rely on the facts of counts dismissed under a plea agreement to find defendant ineligible for resentencing under the provisions of Proposition 36? (2) What is the standard of proof for a finding of ineligibility for resentencing under Proposition 36? |
|
Apr. 14, 2017 | ||
S240324
|
People v. Harmon
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. 14, 2017 | ||
S240506
|
Hussein v. Driver
(1) Does the assertion of an agreement as an affirmative defense implicate the attorney fee provision in that agreement? (2) Does the term "action" or "proceeding" in Civil Code section 1717 and in attorney fee provisions encompass the assertion of an affirmative defense? |
|
Apr. 14, 2017 | ||
S240004
|
In re Edwin P.
Does Proposition 47, which reclassifies as a misdemeanor any grand theft involving property valued at $950 or less, apply to theft of access card information in violation of Penal Code section 484e(d)? |
|
Apr. 14, 2017 | ||
S240385
|
In re J.R.
Did the trial court err by imposing an "electronics search condition" on the juvenile as a condition of his probation when that condition had no relationship to the crimes he committed but was justified on appeal as reasonably related to future criminality under People v. Olguin (2008) 45 Cal.4th 375 because it would facilitate the juvenile's supervision? |
|
Apr. 14, 2017 | ||
A145867
|
Applied Medical Corp. v. Thomas
In dispute over company's repurchase of former board of director's stock, summary judgment against company partially reversed, where court errs in determining conversion claim fails. |
Torts |
|
Apr. 14, 2017 | |
D070826
|
In re J.L.
Trial court properly terminates parental rights without Indian Child Welfare Act heritage inquiry, as mother's uncertainty of Indian ancestry does not trigger social worker's burden to investigate. |
Native American Affairs |
|
Apr. 14, 2017 | |
S239554
|
People v. Tran
(1) 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? (2) Does the Safe Neighborhood and Schools Act apply retroactively to a defendant who was sentenced before the Act's effective date but whose judgment was not final until after that date? |
|
Apr. 14, 2017 | ||
S240503
|
People v. Trujillo
Did the trial court err by imposing an "electronics search condition" on the juvenile as a condition of his probation when that condition had no relationship to the crimes he committed but was justified on appeal as reasonably related to future criminality under People v. Olguin (2008) 45 Cal.4th 375 because it would facilitate the juvenile's supervision? |
|
Apr. 14, 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. 14, 2017 | |
15-55671
|
Davis v. United States
Denial of qualified immunity upheld, where special agent's detention of elderly woman was prolonged and unnecessarily degrading. |
Immunity |
|
Apr. 14, 2017 | |
14-56457
|
Irvine Unified School District v. K.G.
Student who successfully petitioned ALJ to find government agency responsible for funding education is prevailing party for purposes of attorneys' fees, as ensuing federal case was filed by school district. |
Attorneys |
|
Apr. 14, 2017 |