Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B260975
|
Conservatorship of Heather W.
Trial court improperly appoints public guardian as conservator where court failed to advise conservatee of right to jury trial. |
Conservatorship |
|
Mar. 3, 2016 | |
B263325
|
Astorga v. Retirement Board of the Santa Barbara County Employees Retirement System
County worker fails to challenge retirement board's determination of effective date of her disability retirement pursuant to bright-line rule in 'Katosh.' |
Employment Law |
|
Mar. 3, 2016 | |
B261503
|
People v. Rouse
Inmate found to be eligible for resentencing under Penal Code Section 1170.18, Proposition 47, is entitled to assistance of counsel at resentencing stage. |
Criminal Law and Procedure |
|
Mar. 2, 2016 | |
14-8358
|
Lockhart v. U.S.
Statutory minimum sentence enhancement under 18 U.S.C. Section 2252(b)(2) applies to defendant's prior state conviction for sexual abuse whether or not conviction involved a minor or ward. |
Criminal Law and Procedure |
|
Mar. 2, 2016 | |
14-181
|
Gobeille v. Liberty Mutual Insurance Co.
Judgment in favor of insurance company providing health care services affirmed where Vermont law requiring reporting of certain health data preempted by ERISA. |
Labor Law |
|
Mar. 2, 2016 | |
14-10400
|
U.S. v. Murguia-Rodriguez
Court's dismissal of defendant's interpreter without adhering to procedural requirements of the Court Interpreter's Act results in vacation of sentence and remand. |
Criminal Law and Procedure |
|
Mar. 2, 2016 | |
F069588
|
People v. Dobson
Penal Code Section 1170.126, which allows certain inmates to recall sentences pursuant to Three Strikes Reform Act of 2012, does not apply to insanity committees. |
Criminal Law and Procedure |
|
Mar. 2, 2016 | |
C076007
|
Stuard v. Stuard
Grandparent visitation properly granted even absent allegation that divorced parents are unfit, where parents themselves fostered grandparents' relationship with grandchild. |
Family Law |
|
Mar. 2, 2016 | |
B264693
|
People v. Chen
Reversal required where court's order reducing defendant's felony second degree burglary conviction to misdemeanor second degree burglary is not authorized by Proposition 47. |
Criminal Law and Procedure |
|
Mar. 2, 2016 | |
G050438
|
Carbajal v. CWPSC Inc.
Employer unsuccessful in overturning denial of motion to compel arbitration of wage and hour claims where court correctly holds that arbitration provision is unconscionable. |
Employment Law |
|
Mar. 1, 2016 | |
A144283
|
California Dept. of Consumer Affairs v. Superior Court (Lewis)
Consumers lack public interest standing to challenge bureau of Dept. of Consumer Affair's public position regarding deductibility of wear and tear under Lemon Law. |
Administrative Agencies |
|
Mar. 1, 2016 | |
15-316
|
Schumacher Homes Inc. v. Spencer
Order |
|
Mar. 1, 2016 | ||
15-805
|
Baker v. Elvik
Order |
|
Mar. 1, 2016 | ||
15-6053
|
Richardson v. United States
Order |
|
Mar. 1, 2016 | ||
09-71415
|
Almanza-Arenas v. Holder
Mexican citizen's California conviction under statute that criminalizes both temporary and permanent taking of vehicle does not make him ineligible to cancel removal. |
Immigration |
|
Mar. 1, 2016 | |
13-35619
|
Alaska Oil and Gas Association v. Jewell
U.S. Fish and Wildlife Service did not act arbitrarily or capriciously in designating Alaskan coast and islands as critical habitat for endangered polar bears. |
Administrative Agencies |
|
Mar. 1, 2016 | |
E062949
|
People v. Bias
Defendant ineligible for Prop 47 relief, as resentencing language does not pertain to defendant's particular crime of identity theft. |
Criminal Law and Procedure |
|
Mar. 1, 2016 | |
C077283
|
Mountjoy v. Bank of America N.A.
Sweeping reduction in compensable hours due to certain flawed billing entries effectively denied homeowners compensation for time claimed in entries that were not flawed and must be overturned. |
Real Property |
|
Mar. 1, 2016 | |
C074883
|
Taylor v. Nu Digital Marketing Inc.
Because defendant's possession of property was achieved through landlord-tenant relationship, and not buyer-seller relationship, unlawful detainer properly used by plaintiffs to regain possession. |
Real Property |
|
Mar. 1, 2016 | |
B267267
|
Boston LLC v. Juarez
Tenant's breach of agreement governed by Los Angeles Rent Stabilization Ordinance must be material to justify forfeiture of agreement and termination of tenancy. |
Real Property |
|
Feb. 29, 2016 | |
B262921
|
Bae v. T.D. Service Co.
Court correctly sets aside default and default judgment against trustee in action relating to nonjudicial foreclosure sale based on equitable doctrine of extrinsic mistake. |
Civil Procedure |
|
Feb. 29, 2016 | |
A141172
|
People v. Brown
Conviction for resisting a police officer conditionally reversed where judge failed to sua sponte instruct jury on lesser necessarily included offense of simple assault. |
Criminal Law and Procedure |
|
Feb. 29, 2016 | |
F068068
|
Wallace v. County of Stanislaus
In disability discrimination claim, employee need not show employer was motivated by animus or ill will, but that disability was substantial motivating factor for adverse employment action. |
Disability Discrimination |
|
Feb. 29, 2016 | |
A145893
|
Hill v. Superior Court (Staggers, Jr.)
Reversal required where court wrongly concludes double damages under Probate Section 859 are prohibited punitive damages. |
Remedies |
|
Feb. 29, 2016 | |
A144477
|
People v. Descano
Conviction for cultivating marijuana is not eligible for resentencing under Proposition 47; nor does its exclusion as offense eligible for resentencing violate equal protection. |
Criminal Law and Procedure |
|
Feb. 29, 2016 | |
H040980
|
People v. Arredondo
Consent imputed to California drivers cannot itself justify warrantless blood draw from unconscious driver; nevertheless, drunk driving conviction is upheld. |
Criminal Law and Procedure |
|
Feb. 29, 2016 | |
12-71773
|
Yang v. Lynch
Petition for review granted on a motion to reopen removal proceedings where BIA abuses its discretion by making credibility determinations based on the 'falsus' maxim. |
Immigration |
|
Feb. 29, 2016 | |
13-57182
|
Ministry of Defense v. Frym
Lien claimants may attach $2.8 million judgment Iran obtained against American company to satisfy Iran's obligations for injuries arising out of state-sponsored terrorism. |
Remedies |
|
Feb. 29, 2016 | |
B246308
|
Karnazes v. Ares
Anti-SLAPP grant proper where plaintiff's complaint comprises communications with future defendant's attorney, in anticipation of litigation. |
Civil Procedure |
|
Feb. 29, 2016 | |
B262469
|
Fett v. Medical Board of California
Doctor unsuccessful in quashing subpoenas by medical board of his patients' medical records where good cause exists to invade patients' privacy rights. |
Administrative Agencies |
|
Feb. 29, 2016 |