Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
F069279
|
People v. Lamb
Great bodily injury enhancement attached to conviction for felony assault is not barred by Penal Code section 12022.7(g). |
Criminal Law and Procedure |
|
Feb. 3, 2017 | |
D070680
|
OC Interior Services LLC v. Nationstar Mortgage LLC
Void default judgment is nullity for all purposes and title did not pass to purported bona fide purchaser free of first deed of trust. |
Real Property |
|
Feb. 2, 2017 | |
D070259
|
Hensley v. San Diego Gas & Electric Co.
Homeowners improperly precluded from presenting any evidence of emotional distress based on court's erroneous theory that those are somehow distinct from annoyance and discomfort damages. |
Torts |
|
Feb. 2, 2017 | |
A138463
|
Rincon EV Realty LLC v. CP III Rincon Towers, Inc.
California interest in protecting right to civil trial by jury trumps contractual waiver of right in loan agreement containing New York choice-of-law provision. |
Contracts |
|
Feb. 2, 2017 | |
G052725
|
Orange County Water District v. Public Employment Relations Board (Orange County Water District Employees Association)
Public agency unsuccessful in obtaining relief from decision determining it committed unfair practice by refusing to consent to agency shop election. |
Government |
|
Feb. 2, 2017 | |
C073207
|
Kalnoki v. First American Trustee Servicing Solutions LLC
Homeowners fail to overturn dismissal of their wrongful foreclosure action based on 'documentary fraud' especially where homeowners failed to establish prejudice. |
Real Property |
|
Feb. 2, 2017 | |
H041459
|
Van v. Language Line Services
Order denying motion to stay deposition not specific enough to be basis for contempt finding and sanctions award. |
Civil Procedure |
|
Feb. 2, 2017 | |
B267819
|
Ronald F. v. Dept. of Developmental Services (North Los Angeles Regional Center)
Doctrine of res judicata bars appellant's claim for benefits under Lanterman Developmental Disabilities Services Act. |
Civil Procedure |
|
Feb. 2, 2017 | |
S238460
|
People v. Hernandez
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? |
|
Feb. 2, 2017 | ||
S239147
|
In re D.H.
Did the trial court err by refusing to order the expungement of juvenile's DNA record after his qualifying felony conviction was reduced to a misdemeanor under Proposition 47 (Pen. Code section 1170.18)? |
|
Feb. 2, 2017 | ||
15-10261
|
U.S. v. Niebla-Torres
Defendant unsuccessful in challenging conspiracy conviction based on argument that government did not introduce sufficient evidence to corroborate his confession under corpus delicti doctrine. |
Criminal Law and Procedure |
|
Feb. 1, 2017 | |
B265745
|
Williamson v. Brooks
Damages do not exist against cotrustees in fiduciary duty breach case, as evidence suggests that beneficiary would have sold home even with greater information of contents of trust. |
Probate and Trusts |
|
Feb. 1, 2017 | |
B271240
|
Fulle v. Kanani
Statutory damage multiplier for trespass to timber apply to intangible noneconomic damages, including tree owner's annoyance and discomfort damages. |
Torts |
|
Feb. 1, 2017 | |
B244107
|
Montano v. The Wet Seal Retail Inc.
Nonseverable waiver of statutory representative action renders arbitration agreement unenforceable. |
Arbitration |
|
Jan. 31, 2017 | |
B270653
|
People v. Bichara
Failure to object to confession obtained after defendant told detectives he 'refused to talk' to them constitutes ineffective assistance of counsel, requiring reversal of murder conviction. |
Criminal Law and Procedure |
|
Jan. 31, 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 |
|
Jan. 30, 2017 | |
15-10203
|
U.S. v. Simon
Order |
|
Jan. 30, 2017 | ||
15-15320
|
Manley v. Rowley
Conflicting narrative of prison cell removal not captured on camera constitutes dispute over material facts, barring summary judgment in excessive force case. |
Prisoners Rights |
|
Jan. 30, 2017 | |
14-55980
|
Van Patten v. Vertical Fitness Group LLC
In case alleging violation of Telephone Consumer Protection Act, summary judgment properly granted in defendants' favor where plaintiff consents to receive text messages at issue. |
Consumer Law |
|
Jan. 30, 2017 | |
14-30244
|
U.S. v. Laursen
Selfies taken by 45-year-old man and teenage girl sufficient to support man's child pornography convictions despite legality of their sexual relationship under Washington law. |
Criminal Law and Procedure |
|
Jan. 30, 2017 | |
D068406
|
Acqua Vista Homeowners Association v. MWI Inc.
Homeowners suing under Right to Repair Act for alleged standards violation must show violation was caused by defendant's negligence or breach of contract. |
Administrative Agencies |
|
Jan. 29, 2017 | |
B270525
|
C.M. v. M.C.
Gestational carrier unsuccessful in challenging parentage of intended father and in attacking constitutionality of surrogacy agreements in California. |
Family Law |
|
Jan. 29, 2017 | |
A147671
|
People v. Brown
Second degree commercial burglary conviction involving intent to fill forged prescription does not fall within new shoplifting misdemeanor offense under Proposition 47. |
Criminal Law and Procedure |
|
Jan. 29, 2017 | |
13-71784
|
Sandoval v. Yates
Oregon conviction for delivering heroin does not constitute aggravated felony that would render petitioner ineligible for cancellation of removal. |
Immigration |
|
Jan. 29, 2017 | |
13-56289
|
Hardy v. Chappell
Convicted murderer entitled to habeas relief where, despite finding counsel's performance deficient, state court nevertheless upheld his guilty verdict under an alternate theory. |
Criminal Law and Procedure |
|
Jan. 29, 2017 | |
H043075
|
Q.R., a Minor
Juvenile probation condition requiring minor to submit electronic devices to warrantless search reasonable given offenses and use of such devices in commission of those offenses. |
Juveniles |
|
Jan. 29, 2017 | |
D071345
|
In re Mallard
Fifteen percent limit on conduct credits under Penal Code section 2933.1 applies to defendant's sentence after his felony conviction reclassified as misdemeanor under Proposition 47. |
Criminal Law and Procedure |
|
Jan. 29, 2017 | |
C067436
|
People v. Garrett
Remand ordered for limited purpose of determining whether defendants had adequate opportunity to make record of mitigating evidence relevant to future youth offender parole hearing. |
Criminal Law and Procedure |
|
Jan. 29, 2017 | |
D069756
|
Leyva v. Crockett & Co. Inc.
Club operator not liable to hiker injured by stray golf ball as he was hiking along public trail adjacent to the golf course. |
Immunity |
|
Jan. 26, 2017 | |
B261130
|
People v. Forrest
First degree murder conviction upheld for husband who killed wife with single gunshot wound to head and proceeded to gut her like an animal. |
Criminal Law and Procedure |
|
Jan. 26, 2017 |