| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
F071371
|
Matthews v. Liberty Assignment Corp.
Motion denying assignment of workers' compensation award to factoring company properly denied where such assignment contravenes California law. |
Workers' Compensation |
|
May 4, 2016 | |
|
A142203
|
Hearn Pacific Corp. v. Second Generation Roofing Inc.
Trial court erred in refusing to allow litigant to name assignee and real party in interest as judgment creditor; assignee, therefore, cannot evade liability. |
Civil Procedure |
|
May 4, 2016 | |
|
15-35257
|
Boardman v. Pacific Seafood Group
Motion to compel arbitration properly denied where current claims not within scope of arbitration provision from prior settlement agreement. |
Antitrust |
|
May 4, 2016 | |
|
B258589
|
Vergara v. State of California (California Teachers Association)
Trial court erroneously declares California's current tenure, dismissal, and layoff statutes facially unconstitutional despite plaintiff's lack of showing demonstrating equal protection violation. |
Education |
|
May 4, 2016 | |
|
G051439
|
Patel v. Crown Diamonds Inc.
Res judicata does not preclude victim's subsequent fraud action against company and its owners despite victim's prior adversary action opposing co-owner's personal bankruptcy petition. |
Civil Procedure |
|
May 3, 2016 | |
|
E063915
|
In re Marriage of Hall & Frencher
Reversal results where court errs in calculating father's child support arrears by excluding application of excess Social Security derivative benefits paid to child. |
Family Law |
|
May 3, 2016 | |
|
14-361
|
Ocasio v. U.S.
Officer properly convicted of conspiring to violate Hobbs Act, though kickback scheme did not involve obtaining money from anyone outside the conspiracy. |
Criminal Law and Procedure |
|
May 3, 2016 | |
|
15-866
|
Star Athletica LLC v. Varsity Brands Inc.
What is the appropriate test to determine when a feature of a useful article is protectable under § 101 of the Copyright Act? |
|
May 3, 2016 | ||
|
15-927
|
SCA Hygiene Products v. First Quality Baby Products
Whether and to what extent the defense of laches may bar a claim for patent infringement brought within the Patent Act's six-year statutory limitations period, 35 U.S.C. § 286. |
|
May 3, 2016 | ||
|
15-35283
|
Hamby v. Hammond
Because it is 'at least debateable' that prison officials complied with Eighth Amendment, they are entitled to qualified immunity relating to denial of inmate's request for surgery. |
Prisoners Rights |
|
May 3, 2016 | |
|
15-15211
|
Puente Arizona v. Arpaio
Injunction against enforcement of Arizona's employment-related identity theft law that was premised on facial preemption is erroneous. |
Civil Rights |
|
May 3, 2016 | |
|
13-55622
|
Corbin v. Time Warner Entertainment-Advance/Newhouse Partnership
Summary judgment in employer's favor upheld where its rounding policy regarding employees' timekeeping comports with federal rounding regulation. |
Employment Law |
|
May 3, 2016 | |
|
B260280
|
Osborne v. Todd Farm Service
Case properly dismissed due to plaintiff counsel's 'flagrant' and repeated violation of trial court's evidentiary orders. |
Attorneys |
|
May 3, 2016 | |
|
A144994
|
Li v. Yan
In case brought by former client, attorney judgment debtor's contentions regarding service of subpoena and privilege as to tax returns rejected. |
Civil Procedure |
|
May 3, 2016 | |
|
G052105
|
People v. Valdez
Prop. 47's 'unreasonable risk of danger to public safety' standard appropriate standard to apply to resentencing petitions under Prop. 36. |
Criminal Law and Procedure |
|
May 2, 2016 | |
|
A142985
|
D. Cummins Corp. v. United States Fidelity and Guaranty Co.
Parent and controlling shareholder lacks standing to seek declaratory relief regarding insureds' duty to defend its corporation in asbestos-related lawsuits. |
Insurance |
|
May 2, 2016 | |
|
F070601
|
California Public Records Research Inc. v. County of Stanislaus
County of Stanislaus must revise the allegedly excessive fees it charges for copies of official records in compliance with Government Code Section 27366. |
Government |
|
May 2, 2016 | |
|
A146103
|
In re J.C.
Minor who successfully petitions under Proposition 47 to reduce felony shoplifting conviction to misdemeanor not also entitled to expungement of her DNA record. |
Criminal Law and Procedure |
|
May 2, 2016 | |
|
14-16303
|
Hussein v. Barrett
Erroneous application of immigration statutes and regulations concerning determination of good moral character warrants reversal of denial of citizenship application. |
Immigration |
|
May 2, 2016 | |
|
13-74115
|
Andrade-Garcia v. Lynch
Guatemalan citizen's petition for review of immigration judge's decision affirming negative fear determination in reinstated removal proceedings denied where conclusion supported by substantial evidence. |
Immigration |
|
May 2, 2016 | |
|
11-99011
|
Cummings v. Martel
Order |
|
May 2, 2016 | ||
|
A145367
|
Glennan v. Allergan Inc.
Lap-Band manufacturer escapes liability for patient's negligence claim alleging failure to adequately train physicians on Lap-Band implantation, on grounds of federal preemption. |
Torts |
|
May 2, 2016 | |
|
B255375
|
People v. Gonzalez
Felony-murder convictions affirmed where, with the exception of claim regarding parole revocation fines, defendants' multiple other claims of error are unavailing. |
Criminal Law and Procedure |
|
May 2, 2016 | |
|
A142035
|
Friends of Martin’s Beach v. Martin’s Beach 1 LLC
Organization seeking public access to beach via private road obtains partial success, winning reversal of summary adjudication in property owners' favor on its dedication claims. |
Real Property |
|
Apr. 29, 2016 | |
|
15-16142
|
Public Integrity Alliance Inc. v. City of Tucson
Order |
|
Apr. 29, 2016 | ||
|
S232622
|
Leider v. Lewis
(1) Does Civil Code section 3369 bar taxpayer actions brought under the authority of Code of Civil Procedure section 526a seeking to enjoin violations of Penal Code provisions concerning animal abuse? (2) Does the law of the case doctrine foreclose petitioners' reliance upon that legal argument in this appeal? |
|
Apr. 29, 2016 | ||
|
S233096
|
Perry v. Bakewell Hawthorne
Does Code of Civil Procedure section 2034.300, which requires a trial court to exclude the expert opinion of any witness offered by a party who has unreasonably failed to comply with the rules for exchange of expert witness information, apply to a motion for summary judgment? |
|
Apr. 29, 2016 | ||
|
S232582
|
Ryan v. Rosenfeld
Is the denial of a motion to vacate the judgment under Code of Civil Procedure section 663 separately appealable? |
|
Apr. 29, 2016 | ||
|
S232946
|
Sheppard, Mullin, Richter & Hampton v. J-M Manufacturing
1) May a court rely on non-legislative expressions of public policy to overturn an arbitration award on illegality grounds? (2) Can a sophisticated consumer of legal services, represented by counsel, give its informed consent to an advance waiver of conflicts of interest? (3) Does a conflict of interest that undisputedly caused no damage to the client and did not affect the value or quality of an attorney's work automatically (i) require the attorney to disgorge all previously paid fees, and (ii) preclude the attorney from recovering the reasonable value of the unpaid work? |
|
Apr. 29, 2016 | ||
|
S233274
|
People v. Brown
(1) Are the People entitled to withdraw from a plea agreement for conviction of a lesser offense and to reinstate any dismissed counts if the defendant files a petition for recall of sentence and reduction of the conviction to a misdemeanor under Proposition 47? (2) If the defendant seeks such relief, are the parties returned to the status quo with no limits on the sentence that can be imposed on the ground that the defendant has repudiated the plea agreement by doing so? |
|
Apr. 29, 2016 |
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