Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
A141694
|
Lanz v. Goldstone
Anti-SLAPP motion properly denied where attorney demonstrates probability of prevailing on malicious prosecution claim against former client's subsequent attorney. |
Civil Procedure |
|
Dec. 31, 2015 | |
15-55446
|
Americans for Prosperity Foundation v. Harris
California Attorney General may collect, but not publicly disclose, nonprofit organizations' IRS Form 990 Schedule B forms though they contain information on major donors. |
Constitutional Law |
|
Dec. 31, 2015 | |
G048680
|
Garibotti v. Hinkle
Jurisdictional language limiting time frame within which trial court may grant motion for new judgment is mandatory; rulings after said time frame are void. |
Civil Procedure |
|
Dec. 31, 2015 | |
C078760
|
People v. Goode
The lapse of a few seconds between opening a storm door and attempting to open a nearby window in order to gain unlawful entry to the same residence was insufficient to make defendant's conduct divisible in time. |
Criminal Law and Procedure |
|
Dec. 31, 2015 | |
13-56309
|
DM Residential Fund II LLC v. First Tennessee Bank National Association
Purchaser's two-year delay in pursuing rescission and taking action inconsistent with unwinding purchase results in affirmance of summary judgment in seller's favor. |
Remedies |
|
Dec. 31, 2015 | |
13-16548
|
Dorrance v. United States
Life insurance policyholders not entitled to refund on taxes paid from sale of stock acquired through insurance companies' demutualizations. |
Taxation |
|
Dec. 31, 2015 | |
12-72126
|
Correo-Ruiz v. Lynch
Brothers who were otherwise inadmissible under 'In re Briones' has another chance at obtaining immigration relief if they can establish legitimate reliance on pre-Briones law. |
Immigration |
|
Dec. 31, 2015 | |
12-17371
|
Adobe Systems Inc. v. Christenson
Under burden shifting framework, copyright claim properly dismissed where Adobe Systems cannot produce restrictive licenses after unauthorized software seller meets burden under first sale defense. |
Copyright |
|
Dec. 31, 2015 | |
12-16952
|
Styers v. Ryan
Murderer not entitled to habeas relief despite state court's constitutional error because state court's 'finality' determination was not contrary to federal law. |
Criminal Law and Procedure |
|
Dec. 31, 2015 | |
C079548
|
K.R. v. Superior Court (People)
Minor has no 'Arbuckle' right to insist on judge who agreed to negotiated disposition to preside over his 'sentencing' after another judge refused to impose proposed disposition. |
Juveniles |
|
Dec. 31, 2015 | |
D066831
|
Heckart v. A-1 Self Storage Inc. et al.
'Protection Plan' modifying self-storage rental agreement's allocation of liability for loss or damage is not insurance subject to regulation under the Insurance Code. |
Insurance |
|
Dec. 31, 2015 | |
C078609
|
People v. Haywood
Court declines invitation to 'engage in judicial legislation;' affirms rejection of Prop 47 petition arguing that crime outside of those considered by initiative (unlawful taking/driving of vehicle) could merit resentencing. |
Criminal Law and Procedure |
|
Dec. 31, 2015 | |
D066289
|
Kemper v. Co. of San Diego
Collateral estoppel bars parent's legal malpractice action when identical issue (causation) has already been litigated and decided in juvenile dependency action. |
Juveniles |
|
Dec. 30, 2015 | |
12-56829
|
Castro v. County of Los Angeles
Order |
|
Dec. 30, 2015 | ||
14-50528
|
U.S. v. Taylor
Proof of risk of loss to financial institution not required for conviction of making false statements to a bank. |
Criminal Law and Procedure |
|
Dec. 30, 2015 | |
13-35866
|
Alaska Wilderness League v. Jewell
Order |
|
Dec. 30, 2015 | ||
13-16524
|
Oyama v. University of Hawaii
University's decision to deny prospective public school teacher's application based on his aberrant views regarding student-teacher sexual relations and disabled students does not violate the First Amendment. |
Civil Rights |
|
Dec. 30, 2015 | |
09-99018
|
McKinney v. Ryan
Denial of writ of habeas corpus reversed where court commits constitutional error in death sentence by applying state's 'causal nexus' test to nonstatutory mitigation factors. |
Criminal Law and Procedure |
|
Dec. 30, 2015 | |
B261625
|
People v. Thompson
Defendant entitled to resentencing of grand theft of access card information conviction as misdemeanor under Proposition 47 where value of taken property less than $950. |
Criminal Law and Procedure |
|
Dec. 29, 2015 | |
C073433
|
Moore v. William Jessup University
Primary assumption of risk bars delivery driver's negligence action against shipper that allegedly understated weight of box on shipping label. |
Torts |
|
Dec. 29, 2015 | |
09-71415
|
Almanza-Arenas v. Lynch
Petitioner successfully challenges denial of cancellation of removal where vehicle theft under California Vehicle Code Section 10851(a) is not categorical match to crime of moral turpitude. |
Immigration |
|
Dec. 29, 2015 | |
14-30056
|
U.S. v. Navarrette-Aguilar
Heroin dealer must be resentenced due to district court's erroneous ruling on jury's quantity finding which, in turn, prejudicially triggered mandatory minimum 20-year sentence. |
Criminal Law and Procedure |
|
Dec. 29, 2015 | |
B259665
|
People v. Hicks
Court properly refuses to advise jury during second degree murder trial that defendant had been convicted of lesser related offense in first trial. |
Criminal Law and Procedure |
|
Dec. 28, 2015 | |
B260573
|
People v. Estrada
Court properly finds defendant ineligible for resentencing as second-strike offender under Proposition 36 based on preliminary hearing testimony showing defendant used firearm during robbery. |
Criminal Law and Procedure |
|
Dec. 28, 2015 | |
E063516
|
People v. Marks
Petitioner may not seek to reclassify prior drug offenses as misdemeanors through petition for resentencing on current felony conviction under Proposition 47. |
Criminal Law and Procedure |
|
Dec. 28, 2015 | |
A143650
|
Crawley v. Alameda County Waste Management Authority
Alameda County Waste Management Authority's imposition of hazardous waste collection and disposal fee is exempt from California Constitution's requirement of majority electorate approval. |
Municipal Law |
|
Dec. 28, 2015 | |
09-17339
|
McDaniels v. Kirkland
In habeas cases, federal courts may consider entire state-court record, including evidence presented only to trial court. |
Criminal Law and Procedure |
|
Dec. 28, 2015 | |
13-10233
|
U.S. v. Cook
Drug supplier defendant's fact pattern differs meaningfully from 'Gant' defendant, supports finding that search incident to lawful arrest was constitutional. |
Criminal Law and Procedure |
|
Dec. 28, 2015 | |
S115872
|
People v. Sandoval
In automatic appeal from death sentence for murder conviction, lying-in-wait special circumstance finding reversed but judgment otherwise affirmed. |
Criminal Law and Procedure |
|
Dec. 28, 2015 | |
E062867
|
People v. Gomez
Defendant not entitled to resentencing under Proposition 47 when he fails to meet burden showing vehicle he took was valued at less than $950. |
Criminal Law and Procedure |
|
Dec. 24, 2015 |