Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
H042086
|
People v. Dillard
Additional probation conditions mandated by Penal Code Section 1203.067 are not direct consequences of defendant's open plea and does not require pre-plea 'Bunnell' advisement. |
Criminal Law and Procedure |
|
Feb. 16, 2017 | |
A149006
|
McGinnis v. Superior Court (People)
Motion for post-conviction discovery may not be denied solely due to habeas petitioner's inability to pay for copies of materials in advance. |
Criminal Law and Procedure |
|
Feb. 16, 2017 | |
B257890
|
Atkins v. City of Los Angeles
City employer liable for failure to provide reasonable accommodation to injured police recruits, but wins partial victory by securing new trial on future economic damages. |
Disability Discrimination |
|
Feb. 16, 2017 | |
B276937
|
People v. Superior Court (Corbett)
Evidence obtained in unlawful search properly suppressed as evidence would not likely be found during second, warrant-based search, which was supported by firearms discovered during first search. |
Criminal Law and Procedure |
|
Feb. 16, 2017 | |
A144351
|
People v. Cuiriz
27 year to life sentence for defendant who shot at her father's attackers is 'cruel and unusual' in light of defendant's mental state and lighter sentence for first degree murder under California law. |
Criminal Law and Procedure |
|
Feb. 16, 2017 | |
G051773
|
Hamilton v. Orange County Sheriff’s Dept.
Denial of parties' stipulation to continue hearing on summary judgment motion and trial constitutes abuse of discretion where plaintiff showed good cause for continuance. |
Civil Procedure |
|
Feb. 16, 2017 | |
B265752
|
Samara v. Matar
In malpractice case, summary judgment in favor of one dentist does not bar plaintiff from continuing action against other dentist, where both claim and issue preclusion inapplicable. |
Torts |
|
Feb. 16, 2017 | |
16-1218
|
Wharton v. Schwartzer (In re Wharton)
Debtors' claimed exemption to classic car properly denied where it was subject to avoidance and recovery in light of creditor's unperfected security interest. |
Bankruptcy |
|
Feb. 15, 2017 | |
07-56657
|
Herklotz v. Parkinson
Judgment vacated and remand ordered, where California district court lacks jurisdiction over state law crossclaims after grant of summary judgment in original Pennsylvania diversity action. |
Civil Procedure |
|
Feb. 15, 2017 | |
H041651
|
People v. Presley
Mentally disordered offender forfeits right to jury trial on discharge from outpatient program by being absent from trial court hearing on matter. |
Criminal Law and Procedure |
|
Feb. 15, 2017 | |
B275340
|
Breanna S., a Minor
Termination of parental rights proper where mother failed to establish parent-child relationship exception given failed reunification and sporadic visits to children. |
Dependency |
|
Feb. 15, 2017 | |
C079496
|
Jones v. Whisenand
'Actual innocence' requirement for legal malpractice claim does not apply to Sexually Violent Predator Act proceedings especially where offender's SVPA proceedings remain pending. |
Attorneys |
|
Feb. 14, 2017 | |
C077116
|
Mercury Casualty Insurance Co. v. Jones
Insurance company unsuccessful in challenging Insurance Commissioner's decision rejecting its application for an increase on its homeowners' insurance rates. |
Insurance |
|
Feb. 14, 2017 | |
A144743
|
Geraghty v. Shalizi
Stipulated settlement between landlord and tenant releasing landlord from future claims in return for $25,000 valid under SF Residential Rent Stabilization and Arbitration Ordinance. |
Municipal Law |
|
Feb. 14, 2017 | |
B275689
|
Grace P., a Minor
Juvenile court errs in denying father's request for contested selection and implementation hearing on beneficial parent-child relationship exception to termination of parental rights. |
Dependency |
|
Feb. 14, 2017 | |
A140775
|
People v. Price
Co-defendants' plea deals for voluntary manslaughter not legally inconsistent with defendant's conviction of murder, as manslaughter is lesser included offense. |
Criminal Law and Procedure |
|
Feb. 13, 2017 | |
17-35105
|
State of Washington v. Trump
Ninth Circuit upholds order enjoining enforcement of President Trump's Executive Order that temporarily prohibited entry to individuals coming from seven predominantly Muslim countries. |
|
Feb. 13, 2017 | ||
A145601
|
Leighton v. Forster
Attorney unsuccessful in overturning summary judgment in favor of purported client, where unsigned attorney fee contract renders contract unenforceable. |
Attorneys |
|
Feb. 13, 2017 | |
15-15098
|
Saleh v. Bush
Officials from former President Bush's administration are immune from suit accusing them of violating Alien Tort Statute for engaging in Iraq war. |
Immunity |
|
Feb. 13, 2017 | |
14-56236
|
Safari Club International v. Rudolph
Although invasion of privacy claims arise from activity defendant took in furtherance of right to free speech, anti-SLAPP motion properly denied because plaintiffs demonstrated probability of prevailing. |
Anti-SLAPP |
|
Feb. 13, 2017 | |
D069324
|
People v. Watson
Sentence of life without possibility of parole imposed on juvenile homicide offender following resentencing hearing upheld, where defendant's constitutional challenges lack merit. |
Criminal Law and Procedure |
|
Feb. 13, 2017 | |
D070545
|
Blanchette v. Superior Court (GHA Enterprises Inc.)
In construction defect cases, builder must promptly raise defects in notice of claim within time specified under Right to Repair Act. |
Real Property |
|
Feb. 13, 2017 | |
G046534
|
In re Miles
Defendant obtains habeas relief after spending 19 years in prison pursuant to recently amended Penal Code Section 1473 though he would not have qualified under previous standard. |
Criminal Law and Procedure |
|
Feb. 13, 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. 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 |
|
Feb. 10, 2017 | |
A140589
|
People v. Bush
Self-represented defendant unsuccessful in challenging convictions, where he knowingly and intelligently waived his right to counsel. |
Criminal Law and Procedure |
|
Feb. 10, 2017 | |
H042292
|
Jacobs v. Locatelli
Trial court erred in sustaining demurrer as plaintiff alleged ability to produce evidence of 'written agency agreement' between defendant parties in response to statute of frauds defense. |
Contracts |
|
Feb. 10, 2017 | |
C069555
|
People v. Nichols
Victim's parents' request for restitution not subject to doctrine of comparative negligence in case in which victim's excessive speeding was 'substantial factor' in his death at hands of drunk driver. |
Criminal Law and Procedure |
|
Feb. 10, 2017 | |
S227193
|
People v. Hall
Explicit knowledge requirement not constitutionally mandated for probation conditions that bar defendants from possessing firearms or illicit drugs because knowing possession is implicit. |
Criminal Law and Procedure |
|
Feb. 10, 2017 | |
14-16701
|
Design Data Corp. v. Unigate Enterprise Inc.
In copyright infringement dispute, summary judgment in favor of defendant reversed in part where genuine issue of material fact exists regarding unauthorized downloading claim. |
Copyright |
|
Feb. 10, 2017 |