| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
14-56059
|
G.W. Palmer & Co. Inc. v. Agricap Financial Corp.
'Boulder Fruit' controls suit involving alleged breach of the Perishable Agricultural Commodities Act, shielding third party from liability for distributor's failure to pay growers. |
Contracts |
|
Feb. 28, 2017 | |
|
14-16139
|
L.J. v. Pittsburg Unified School District
Student and mother win reversal of judgment in school district's favor where student eligible for special education services under Individual with Disabilities Education Act. |
Education |
|
Feb. 28, 2017 | |
|
14-10004
|
U.S. v. Lindsey
Evidence of broad industry standards pertaining to mortgage applications with false financial information may be introduced to challenge materiality of such information in wire fraud case. |
Evidence |
|
Feb. 28, 2017 | |
|
S208181
|
Central Coast Forest Association v. Fish and Game Commission
Reversal on procedural grounds improper, where court of appeals unduly limited remedy avenues for plaintiffs seeking delisting of species on California's Endangered Species Act. |
Civil Procedure |
|
Feb. 28, 2017 | |
|
A147278
|
People v. Profitt
'Valentine/Sapp' rule precludes bifurcation of defendant's felony and misdemeanor DUI charges where misdemeanor counts include prior misdemeanor convictions as elements of the crime. |
Criminal Law and Procedure |
|
Feb. 28, 2017 | |
|
B263095
|
Melamed v. Cedars-Sinai Medical Center
Anti-SLAPP motion properly granted in retaliation case in which plaintiff complained to hospital about lack of equipment after his suspension proceedings had commenced. |
Anti-SLAPP |
|
Feb. 28, 2017 | |
|
S089609
|
People v. Delgado
On automatic appeal from death sentence, judgment affirmed in entirety where none of defendant's contentions have merit. |
Criminal Law and Procedure |
|
Feb. 28, 2017 | |
|
F070605
|
O'Neal v. Stanislaus County Employees' Retirement Association
Retirement board's transfer of funds to lower employee contribution costs gives rise to fiduciary breach claims warranting reversal of summary judgment granted in its favor. |
Employment Law |
|
Feb. 27, 2017 | |
|
B267359
|
Rhule v. WaveFront Technology Inc.
Absence of adequate record of what occurred at key hearings hobbles plaintiff's appeal of trial court's grant of defendant's attorney fees motion. |
Civil Procedure |
|
Feb. 27, 2017 | |
|
14-35397
|
Bates v. Bankers Life and Casualty Co.
Appeal over district court order striking class allegations dismissed where plaintiffs failed to use either one of two procedural avenues for appealing such orders. |
Civil Procedure |
|
Feb. 27, 2017 | |
|
14-35397
|
Bates v. Bankers Life and Casualty Co.
Order |
|
Feb. 27, 2017 | ||
|
B269998
|
People v. Khamvongsa
Completion of sentence for felony conviction that had been reclassified as misdemeanor does not disqualify petitioner for relief under Penal Code Section 1203.4a. |
Criminal Law and Procedure |
|
Feb. 27, 2017 | |
|
B267935
|
People v. Lopez
Defendant's challenge to carjacking conviction unavailing, where there is sufficient evidence that vehicle was taken 'by means of force.' |
Criminal Law and Procedure |
|
Feb. 27, 2017 | |
|
D070000
|
Finch Aerospace Corp. v. City of San Diego
City not immune from slander of title suit, but demurrer nevertheless properly sustained as plaintiff failed to state claim for slander of title. |
Immunity |
|
Feb. 27, 2017 | |
|
S238797
|
People v. Learnard
Was the trial court's decision that defendant's prior conviction constituted a strike incompatible with Descamps v. U.S. (2013) 570 U.S. __ (133 S.Ct. 2276) because the trial court relied on judicial fact-finding beyond the elements of the actual prior conviction? |
|
Feb. 24, 2017 | ||
|
H039293
|
Vieira Enterprises Inc. v. McCoy
Termination of neighbor's recorded right of way in private road unsuccessful, where plaintiff's occupation is not sufficiently hostile to establish quiet title via adverse possession. |
Real Property |
|
Feb. 24, 2017 | |
|
H040688
|
Doe v. United States Youth Soccer Association Inc.
Youth's negligence claim against soccer associations stemming from sexual abuse by her former soccer coach improperly dismissed where special relationship existed to establish 'duty.' |
Torts |
|
Feb. 24, 2017 | |
|
E063585
|
Lynn v. Tatitlek Support Services Inc.
Contractor not liable under 'coming and going' rule for fatal accident caused by employee on commute home where employee had option to take bus service. |
Torts |
|
Feb. 24, 2017 | |
|
S239488
|
People v. Bullard
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? |
|
Feb. 24, 2017 | ||
|
S239373
|
People v. Dixon
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? |
|
Feb. 24, 2017 | ||
|
S239635
|
People v. Evans
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? |
|
Feb. 24, 2017 | ||
|
S238851
|
People v. Fernandez
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? |
|
Feb. 24, 2017 | ||
|
S238765
|
People v. Johnson
Was the trial court's decision that defendant's prior conviction constituted a strike incompatible with Descamps v. U.S. (2013) 570 U.S. __ (133 S.Ct. 2276) because the trial court relied on judicial fact-finding beyond the elements of the actual prior conviction? |
|
Feb. 24, 2017 | ||
|
S238962
|
People v. Lewis
Did Montgomery v. Louisiana clarify that Miller v. Alabama created a presumption against a sentence of life imprisonment without possibility of parole for juvenile offenders and requires trial courts to determine that a juvenile offender is one of "those rare children whose crimes reflect irreparable corruption" before imposing such a sentence? Or is it sufficient, for purposes of compliance with Montgomery and Miller, that a trial court take into consideration the offender's youth and attendant circumstances in exercising its sentencing discretion under Penal Code section 190.5(b)? |
|
Feb. 24, 2017 | ||
|
S238983
|
People v. Rodriguez
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? |
|
Feb. 24, 2017 | ||
|
S238944
|
People v. Watson
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? |
|
Feb. 24, 2017 | ||
|
S239197
|
People v. Westerfield
What is the standard of proof for a finding of ineligibility for resentencing under Proposition 36? (See People v. Arevalo (2016) 244 Cal.App.4th 836; cf. People v. Osuna (2014) 225 Cal.App.4th 1020.) |
|
Feb. 24, 2017 | ||
|
S238886
|
People v. Gallardo
Order |
|
Feb. 24, 2017 | ||
|
S238752
|
People v. Lemon
Order |
|
Feb. 24, 2017 | ||
|
A138474
|
People v. Lena
Court does not abuse its discretion in striking defendant's entire testimony when defendant refuses to answer any questions on cross-examination. |
Criminal Law and Procedure |
|
Feb. 24, 2017 |
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