Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
D068657
|
County of San Diego v. Commission on State Mandates
County obligations to provide services under Sexually Violent Predator Act amended by Proposition 83 are still mandates from the Legislature, not the People, deserving reimbursement from state. |
Government |
|
Dec. 28, 2016 | |
B275282
|
McNair v. Superior Court (National Collegiate Athletic Association)
Trial court errs in accepting defendant's second peremptory challenge and disqualifying itself following denial of anti-SLAPP motion, where second challenge only permitted following final judgment. |
Anti-SLAPP |
|
Dec. 27, 2016 | |
13-17132
|
Teixeira v. County of Alameda
Order |
|
Dec. 27, 2016 | ||
14-35376
|
International Longshore and Warehouse Union v. Port of Portland
Order |
|
Dec. 27, 2016 | ||
14-16090
|
Davis v. Commonwealth Election Commission
Northern Mariana Islands' voting restrictions based on ancestral heritage violate Fifteenth Amendment, which prohibits voter right abridgment on bases of race. |
Civil Rights |
|
Dec. 27, 2016 | |
C078996
|
People v. Kindall
Sentencing court precluded from using prison priors that had been redesignated as misdemeanors to enhance sentence on defendant's current felony. |
Criminal Law and Procedure |
|
Dec. 26, 2016 | |
B268311
|
Integrated Dynamic Solutions Inc. v. VitaVet Labs Inc.
Preliminary injunction that changed status quo properly granted in this 'extreme case' given severe financial harm company would likely suffer absent injunction. |
Civil Procedure |
|
Dec. 26, 2016 | |
H037662
|
Driscoll v. Granite Rock Company
Company allowing employees to work through lunch in turn for extra pay does not violate 'Brinker' holding, requiring employees to relinquish control over employees during meal-time breaks. |
Employment Law |
|
Dec. 26, 2016 | |
14-72553
|
Helping Hand Tools v. USEPA
EPA grant of PSD to project intended to burn surplus lumber for heating purposes appropriate as use of solar power or increased natural gas would 'redefine' project. |
Environmental Law |
|
Dec. 26, 2016 | |
A147498
|
The Committee for Re-Evaluation of the T-Line Loop v. San Francisco Municipal Transportation Agency (Mitchell Engineering)
Substantial evidence supports City and County of San Francisco's determination that no further environmental impact report was required to complete 'T-Line Loop' light rail project. |
Environmental Law |
|
Dec. 26, 2016 | |
B245657
|
People v. Meraz
Reconsideration of confrontation clause challenges in light of the California Supreme Court's recent decision in 'People v. Sanchez' does not require reversal, resulting once again in affirmed judgments. |
Criminal Law and Procedure |
|
Dec. 22, 2016 | |
B270409
|
People v. Myles
Trial court errs in imposing crime lab analysis fee for drug offense not enumerated under Health and Safety Code Section 11372.5(a). |
Criminal Law and Procedure |
|
Dec. 22, 2016 | |
C081618
|
Gage v. Workers' Compensation Appeals Board
WCAB has jurisdiction to enforce penalty provision for unreasonable delay in paying advance disability pension through Labor Code Section 5814. |
Workers' Compensation |
|
Dec. 22, 2016 | |
A142866
|
Sagonowsky v. Kekoa
Family Code Section 271 sanctions awarded against ex-wife for driving up costs of litigation overturned because sanctions were unrelated to attorney fees and costs. |
Family Law |
|
Dec. 22, 2016 | |
S238001
|
T-Mobile West v. City and County of San Francisco
(1) Is a local ordinance regulating wireless telephone equipment on aesthetic grounds preempted by Public Utilities Code section 7901, which grants telephone companies a franchise to place their equipment in the public right of way provided they do not "incommode the public use of the road or highway or interrupt the navigation of the waters"? (2) Is such an ordinance, which applies only to wireless equipment and not to the equipment of other utilities, prohibited by Public Utilities Code section 7901.1, which permits municipalities to "exercise reasonable control as to the time, place and man |
|
Dec. 22, 2016 | ||
S238365
|
People v. Martinez
Does Proposition 47 ("the Safe Neighborhoods and Schools Act"), which reclassifies as a misdemeanor any grand theft involving property valued at $950 or less (Pen. Code, section 490.2), apply to theft of access card information in violation of Penal Code section 484e, subdivision (d)? |
|
Dec. 22, 2016 | ||
S238410
|
People v. Nguyen
Does Proposition 47 ("the Safe Neighborhoods and Schools Act"), which reclassifies as a misdemeanor any grand theft involving property valued at $950 or less (Pen. Code, section 490.2), apply to theft of access card information in violation of Penal Code section 484e, subdivision (d)? |
|
Dec. 22, 2016 | ||
S238423
|
People v. Velasquez
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? |
|
Dec. 22, 2016 | ||
S237740
|
People v. Robinson
Order |
|
Dec. 22, 2016 | ||
S224853
|
Augustus v. ABM Security Services Inc.
Security guards succeed in reinstating favorable trial court judgment, finding their employer liable for requiring on-duty rest periods in violation of labor laws. |
Labor Law |
|
Dec. 22, 2016 | |
S216878
|
People ex rel. Jan Owen v. Miami Nation Enterprises
Payday loan companies created by federally recognized Indian tribes accused of engaging in unlawful loan activities are not entitled to tribal immunity. |
Native American Affairs |
|
Dec. 22, 2016 | |
C078628
|
People v. Relkin
Mandatory supervision condition that required defendant to report any contact with peace officers found to be unconstitutionally vague and overbroad. |
Criminal Law and Procedure |
|
Dec. 22, 2016 | |
G052660
|
Newport Harbor Ventures LLC v. Morris Cerullo World Evangelism
Anti-SLAPP motion is untimely if not filed within 60 days of service of first complaint that pleads cause of action coming within anti-SLAPP protection. |
Anti-SLAPP |
|
Dec. 22, 2016 | |
C079413
|
San Joaquin County Correctional Officers Association v. County of San Joaquin
County has right to amend plans to cover pension payments under County Employees Retirement Law, despite passage of California Public Employees' Pension Reform Act staying changes until 2018. |
Government |
|
Dec. 21, 2016 | |
G053046
|
Dual Diagnosis Treatment Center Inc. v. Buschel et al.
Anti-SLAPP motion properly denied where claims relating to defendant's republication of newspaper article were particular to plaintiff and not of widespread public interest. |
Anti-SLAPP |
|
Dec. 21, 2016 | |
B265105
|
Madrigal v. Victim Compensation and Government Claims Board
Denial of defendant's compensation claim overturned where Victim Compensation and Government Claims Board's conclusion on binding effect of district court's habeas findings was erroneous. |
Criminal Law and Procedure |
|
Dec. 21, 2016 | |
15-16178
|
Mohamed v. Uber Technologies Inc.
Uber's motion to compel arbitration erroneously denied where district court improperly assumed authority to decide threshold issue of arbitrability despite clear, unmistakable delegation clause. |
Arbitration |
|
Dec. 21, 2016 | |
14-17106
|
Rainero v. Archon Corp.
Complaint properly dismissed for lack of jurisdiction, where Securities Litigation Uniform Standards Act does not provide independent basis for federal question jurisdiction under 28 U.S.C. section 1331. |
Securities |
|
Dec. 21, 2016 | |
14-16983
|
Barapind v. Government of the Republic of India
India's diplomatic communications with the United States does not constitute waiver of sovereign immunity that would confer subject matter jurisdiction in federal court. |
Immunity |
|
Dec. 21, 2016 | |
14-10561
|
United States v. Shields
Failure to instruct jury on duty of disclosure requirement for nondisclosure wire fraud conviction constitutes error, but not reversible plain error as court followed Model Instructions and defense failed to object to omission. |
Criminal Law and Procedure |
|
Dec. 21, 2016 |