Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
14-56655
|
Park v. Thompson
Civil suit alleging detective intimidated witness into not testifying for defense still actionable despite criminal acquittal as third-party culpability defense was hampered when witness refused to testify. |
Civil Rights |
|
Mar. 15, 2017 | |
14-50472
|
U.S. v. Job
Failure to suppress unlawfully obtained evidence results in vacated conviction for possession with intent distribute methamphetamine. |
Criminal Law and Procedure |
|
Mar. 15, 2017 | |
14-15814
|
Tavares v. Whitehouse
Temporary banishment from tribal land is not 'detention' sufficient to invoke federal habeas jurisdiction under Indian Civil Rights Act. |
Native American Affairs |
|
Mar. 15, 2017 | |
F074143
|
In re Hannah D.
Father's failure to challenge order terminating reunification services, via petition for extraordinary writ, precludes review of order via appeal from subsequent order terminating parental rights. |
Dependency |
|
Mar. 14, 2017 | |
C068868
|
People v. Acuna
Non-hearsay evidence supporting finding that civil defendants were members of criminal street gang establishes that trial court was not convinced of membership by hearsay statements alone. |
Civil Procedure |
|
Mar. 14, 2017 | |
15-55667
|
Omidi v. United States
Requirement to provide notice of seized funds within 60 days in forfeiture proceedings only applicable to nonjudicial proceedings, as property owners have recourse in courts in judicial proceedings. |
Statutory Interpretation |
|
Mar. 14, 2017 | |
15-55457
|
Oskoui v. J.P. Morgan Chase Bank N.A.
Victim of Chase's 'unconscionable' loan modification process obtains relief from summary judgment entered in favor of Chase involving allegations of fraudulent business practices. |
Consumer Law |
|
Mar. 14, 2017 | |
15-30035
|
U.S. v. Perkins
Reckless omission of material information from search warrant application results in reversal of conviction of receipt of child pornography. |
Criminal Law and Procedure |
|
Mar. 14, 2017 | |
A150579
|
Johnny W. v. Superior Court
Challenge of presiding judicial officer filed after trial court's order temporarily removing minor from father's custody not untimely as trial court had not yet resolved conflicting factual contentions. |
Administrative Agencies |
|
Mar. 13, 2017 | |
A140464
|
People v. Cervantes
Prop. 57 mandates 'fitness' hearing for retrial or resentencing of juvenile's overturned felony convictions that were directly tried in adult court. |
Juveniles |
|
Mar. 13, 2017 | |
15-50205
|
U.S. v. Martinez
Judge's failure to consult defendant's counsel before responding to jury note violates defendant's statutory and constitutional rights, resulting in vacated sentence and remand. |
Criminal Law and Procedure |
|
Mar. 13, 2017 | |
F070733
|
People v. Cook
Prior strike conviction for assault to commit rape does not automatically render petitioner ineligible for resentencing under Three Strikes Reform Act. |
Criminal Law and Procedure |
|
Mar. 13, 2017 | |
H042824
|
Glassdoor, Inc. v. Superior Court (Machine Zone)
Former employee's anonymous posts on review website do not constitute prima facie breach of confidentiality agreement, meriting reversal of order compelling website to reveal employee's identity. |
Civil Procedure |
|
Mar. 13, 2017 | |
B260762
|
Yale v. Bowne
In legal malpractice action concerning preparation of estate plan, jury properly instructed on comparative fault where client's own conduct contributed to her harm. |
Attorneys |
|
Mar. 13, 2017 | |
S230259
|
People v. Reese
Denial of indigent criminal defendant's request for additional transcripts from prior trial does not warrant reversal where denial was only partial. |
Criminal Law and Procedure |
|
Mar. 10, 2017 | |
C078677
|
Gateway Community Charters v. Spiess
Charter school operator is not exempt from waiting time penalties because it does not bear defining characteristics that qualify entity as 'other municipal corporation.' |
Labor Law |
|
Mar. 10, 2017 | |
B270826
|
Beck v. Stratton
Where civil case is unlimited rather than limited, 60-day rather than 30-day time limit applies, rendering attorney fee motion timely. |
Civil Procedure |
|
Mar. 10, 2017 | |
15-56034
|
Zanowick v. Baxter Healthcare Corp.
Federal rule of civil procedure requiring dismissal of action after failure to substitute new party within 90-days of notice of original party's death does not mandate dismissal with prejudice. |
Civil Procedure |
|
Mar. 10, 2017 | |
B268459
|
Shanks v. Dept. of Transportation
Trial court's failure to conduct adequate inquiry into allegations against juror before discharging her is abuse of discretion requiring remand on issue of apportionment of fault. |
Civil Procedure |
|
Mar. 10, 2017 | |
C073188
|
People v. Villa-Gomez
Evidence regarding defendant's gang membership obtained during booking for immigration hold permissible under <EM>Innis</EM> in criminal case as information was obtained before criminal act. |
Criminal Law and Procedure |
|
Mar. 10, 2017 | |
H043104
|
Christian S., a Minor
Minor fails to overturn victim restitution order by asserting 'Arbuckle' right because right does not apply to all juvenile court proceedings. |
Juveniles |
|
Mar. 10, 2017 | |
12-55911
|
Cuero v. Cate
Order |
|
Mar. 9, 2017 | ||
13-72682
|
Bringas-Rodriguez v. Sessions
In en banc reversal, Mexican citizen raped repeatedly as a child for being gay establishes presumption past persecution for purposes of asylum hearing. |
Immigration |
|
Mar. 9, 2017 | |
15-10246
|
U.S. v. Pollard
Forfeiture is proper when conviction for aggravated identity theft is premised on a proven or admitted violation of predicate offense that is enumerated in civil forfeiture statute. |
Criminal Law and Procedure |
|
Mar. 9, 2017 | |
15-17352
|
Somers v. Digital Realty Trust Inc.
Dodd-Frank Act's anti-retaliation provision is not limited to whistleblowers who report to the SEC, but also provide protection to those who report internally. |
Administrative Agencies |
|
Mar. 9, 2017 | |
A143640
|
City of Crescent City v. Reddy
Receiver properly appointed where motel owner failed to comply with stipulated judgment requiring owner to cure various building code violations. |
Civil Procedure |
|
Mar. 9, 2017 | |
B275728
|
In re Alayah J.
Although juvenile court errs by terminating parental rights without first considering mother's section 388 petition, termination upheld where there is no miscarriage of justice. |
Juveniles |
|
Mar. 9, 2017 | |
B266889
|
People v. Garcia
Jury's gang enhancement true finding is supported by sufficient evidence, given substantial evidence that larger gang is comprised of two gang subsets. |
Criminal Law and Procedure |
|
Mar. 8, 2017 | |
E064326
|
Betancourt v. Prudential Overall Supply
Challenge to pleadings, not motion to compel arbitration, is proper procedural move for defendant employer that believes PAGA suit contains individual, non-PAGA claims. |
Arbitration |
|
Mar. 8, 2017 | |
15-55896
|
Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District
Agua Caliente Band of Cahuilla Indians holds federally reserved water rights to appurtenant water sources, including groundwater, pursuant to the 'Winters' doctrine. |
Native American Affairs |
|
Mar. 8, 2017 |