Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B258587
|
People v. Cowan
Prosecutor's grossly inaccurate explanation of reasonable doubt requires reversal of defendant's convictions and sentence. |
Criminal Law and Procedure |
|
Feb. 24, 2017 | |
S233096
|
Perry v. Bakewell Hawthorne LLC
Exclusion of expert opinion under Code of Civil Procedure Section 2034.300 due to unreasonable noncompliance to expert witness disclosure rule applies to motions for summary judgment. |
Civil Procedure |
|
Feb. 24, 2017 | |
14-17341
|
Zetwick v. County of Yolo
Employee wins reversal of summary judgment in employers' favor, where genuine issues of material fact remain regarding claim of sexually hostile work environment. |
Employment Discrimination |
|
Feb. 24, 2017 | |
14-16910
|
Brandon v. Maricopa County
Attorney's comments made to newspaper regarding her client are not protected by First Amendment, as negative remark violated fiduciary duty owed to client |
Civil Rights |
|
Feb. 24, 2017 | |
G052512
|
People v. Nicolas
Speeding, texting driver that killed motorist obtains reversal of gross vehicular manslaughter conviction due to instructional error that lowered prosecution's burden of proof. |
Criminal Law and Procedure |
|
Feb. 24, 2017 | |
B270853
|
Marcus C., a Minor
Juvenile court should have allowed agency and child's counsel leave to amend petition to conform to proof presented at jurisdiction, disposition hearing. |
Dependency |
|
Feb. 23, 2017 | |
B261461
|
Golden Day Schools Inc. v. Office of Administrative Hearings (California Dept. of Education)
Annual property rent increases constitute 'transactions' under contract referencing Corporations Code Section 5233 establishing conflict of interest guidelines for use of government funds. |
Contracts |
|
Feb. 23, 2017 | |
15-8049
|
Buck v. Davis
Defense attorney's introduction of evidence that race is factor to be considered in determining propensity for violence violates defendant's right to effective assistance of counsel. |
Criminal Law and Procedure |
|
Feb. 23, 2017 | |
14-1538
|
Life Technologies Corp. v. Promega Corp.
Single component produced in U.S. for product assembled abroad not 'substantial portion' of product under test creating liability for patent infringement. |
Patent Law |
|
Feb. 23, 2017 | |
15-497
|
Fry v. Napoleon Community Schools
U.S. Supreme Court clarifies scope of IDEA's exhaustion requirement: exhaustion unnecessary when gravamen of suit is something other than denial of Act's core guarantee. |
Education |
|
Feb. 23, 2017 | |
16-578
|
Bishop v. Wells Fargo
Order |
|
Feb. 22, 2017 | ||
16-424
|
Class v. U.S.
Order |
|
Feb. 22, 2017 | ||
C075573
|
People v. Camel
Wiretap Act does not mandate courts to use 'Aguilar-Spinelli' test to determine probable cause for wiretap surveillance in motion to suppress hearing. |
Criminal Law and Procedure |
|
Feb. 22, 2017 | |
14-17493
|
San Luis & Delta-Medota Water Authority v. Haugrud
Bureau of Reclamation has authority, pursuant to Act of August 12, 1955, to release water from dam above and beyond amount designated in water release schedule. |
Water Rights |
|
Feb. 22, 2017 | |
H042287
|
People v. Smith
Defendant convicted of attempted possession of controlled substance for sale unsuccessful in challenging narcotics registration requirement, where registration statute applies to both attempts and completed violations. |
Criminal Law and Procedure |
|
Feb. 21, 2017 | |
H042551
|
People v. Lowery
Amount written on forged check does not necessarily determine 'value' for purposes of misdemeanor classification under Penal Code Section 473. |
Criminal Law and Procedure |
|
Feb. 21, 2017 | |
H042686
|
Professional Collection Consultants v. Lauron
Summary judgment on grounds of statute of limitations improperly granted in debtor's favor where debtor failed to establish when debt collector's action accrued. |
Consumer Law |
|
Feb. 21, 2017 | |
17-35105
|
State of Washington v. Trump
Order |
|
Feb. 21, 2017 | ||
B269048
|
People v. Diaz
Reclassification of prior felony conviction under Prop. 47 does not preclude its use to support sentence enhancement where judgment on prior conviction had been final. |
Criminal Law and Procedure |
|
Feb. 17, 2017 | |
D069411
|
Doe v. State of California
Anti-SLAPP motion properly granted in state's favor, where plaintiffs' causes of action arose from protected activity and plaintiffs did not show probability of prevailing. |
Anti-SLAPP |
|
Feb. 17, 2017 | |
A143378
|
People v. Clark
Petitioner not entitled to hearing on constitutional validity of prior 'strike' conviction on motion for resentencing under the Three Strikes Reform Act. |
Criminal Law and Procedure |
|
Feb. 17, 2017 | |
B270082
|
Secci v. United Independent Taxi Drivers Inc.
Controls imposed by public regulations may be considered in finding agency relationship between taxi company and its drivers, supporting jury verdict on agency theory. |
Torts |
|
Feb. 17, 2017 | |
A147932
|
Argentieri v. Zuckerberg
Anti-SLAPP motion properly granted where defendants' general counsel's statement to press accusing plaintiff-attorney of wrongdoing is protected under fair and true reporting privilege. |
Anti-SLAPP |
|
Feb. 17, 2017 | |
S228642
|
People v. Superior Court (Morales)
Under Penal Code section 1054.9, superior court has jurisdiction to grant motion to preserve evidence relating to capital case that is pending review on automatic appeal. |
Criminal Law and Procedure |
|
Feb. 17, 2017 | |
S225398
|
Roy Allan Slurry Seal Inc. v. American Asphalt South Inc.
Disappointed bidder cannot maintain wrongful interference with public contract claim because bid submission does not create contractual relationship between it and public entities. |
Torts |
|
Feb. 17, 2017 | |
H043360
|
People v. Black
Individualized loan with promissory note establishing term of repayment not 'security' under state or federal law. |
Securities |
|
Feb. 17, 2017 | |
G052951
|
People v. Alsafar
MDOs, SVPs and NGIs are similarly situated with respect to the testimonial privilege for purposes of equal protection; dismissal nevertheless warranted where offender subsequently recommitted without being compelled to testify. |
Criminal Law and Procedure |
|
Feb. 17, 2017 | |
G051260
|
Southern California Sunbelt Developers Inc. v. Banyan Ltd. Partnership
Reversal of order granting motion to tax costs required where trial court erroneously concludes it lacks authority to award receivership fees to prevailing parties. |
Civil Procedure |
|
Feb. 17, 2017 | |
B262899
|
Bank of New York Mellon v. Citibank
Trial court improperly found three year statute of limitations applied to claims for equitable subrogation as Code of Civil Procedure, outlining limitations, applies to causes of statutory liability. |
Securities |
|
Feb. 17, 2017 | |
F069843
|
Sanchez v. Kern Emergency Medical Transportation Corp.
Summary judgment in favor of ambulance company affirmed, where plaintiff's expert witness' statements properly excluded and plaintiff cannot demonstrate triable issue of material fact. |
Evidence |
|
Feb. 17, 2017 |