Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B251933
|
Hernandezcueva v. E.F. Brady Co. Inc.
Nonsuit on strict products liability claim erroneously granted where evidence showed subcontractor who supplied and installed asbestos-containing products was in stream of commerce. |
Torts |
|
Dec. 24, 2015 | |
B264143
|
Mitchell v. Superior Court (Johnson)
Absent willful omission or violation of a court order, trial court abuses its discretion in excluding party's witness where party failed to identify witness during discovery. |
Civil Procedure |
|
Dec. 24, 2015 | |
G050284
|
Ziani Homeowners Association v. Brookfield Ziani LLC (Fadavi)
Timeliness of motion to intervene should be determined based on date movants knew or should have known their interests in litigation were not being adequately represented. |
Civil Procedure |
|
Dec. 24, 2015 | |
G050444
|
People v. Scally
Character evidence that is relevant to rebut defendant's claim that he is not a pimp is admissible. |
Criminal Law and Procedure |
|
Dec. 24, 2015 | |
13-10645
|
U.S. v. Cisneros-Rodriguez
Defendant who was facially eligible for U-visa obtains reversal of illegal reentry conviction due to ICE agent's erroneous advice during administrative removal proceeding. |
Criminal Law and Procedure |
|
Dec. 24, 2015 | |
F069796
|
San Pablo Bay Pipeline Co. LLC v. Public Utilities Commission (Tesoro Refining & Marketing Co.)
Owner of crude oil pipeline unsuccessful in challenging Public Utilities Commission's decision to bifurcate proceedings and toll statute of limitations. |
Utilities |
|
Dec. 24, 2015 | |
F069719
|
Cruz v. Sun World International LLC
Lack of predominant common issues is sufficient basis for denial of certification in agricultural workers' wage suit. |
Labor Law |
|
Dec. 24, 2015 | |
F069343
|
Goddard v. Dept. of Fish and Wildlife
Dept. of Fish and Wildlife not liable for drowning death in Tuolumne River where condition created by man-made condition mimicked natural condition. |
Government |
|
Dec. 24, 2015 | |
B266826
|
County of Los Angeles Child Support Services Dept. v. Superior Court (Youngblood)
California court may not order genetic testing to challenge registration of foreign child support judgment where paternity was irrelevant to enforcement proceeding. |
Family Law |
|
Dec. 23, 2015 | |
G049695
|
HPT IHG-2 Properties Trust v. City of Anaheim
City of Anaheim properly estopped from changing terms of conditional use permit issued to allow plaintiff developers to construct two hotels. |
Remedies |
|
Dec. 23, 2015 | |
B261303
|
Natalie A., a Minor
Jurisdiction over children is proper where father's current drug use resulted in his failure to fulfill major parental obligations such as ensuring adequate supervision for children. |
Dependency |
|
Dec. 23, 2015 | |
G051917
|
Caldecott v. Superior Court (Newport-Mesa Unified School District)
Newport-Mesa Unified School District must disclose certain documents related to School District's response to former Executive Director's complaint regarding Superintendent's allegedly wrongful conduct. |
Public Records Act |
|
Dec. 23, 2015 | |
14-1569
|
In re Swintek
Upon first impression, 11 U.S.C. Section 108(c) tolls the one-year expiration period for Application and Order for Appearance and Examination (ORAP) liens. |
Bankruptcy |
|
Dec. 23, 2015 | |
15-50033
|
U.S. v. DeCinces
Appellate court lacks pendent appellate jurisdiction over defendant's interlocutory cross-appeal challenging his securities fraud indictment under the collateral order doctrine. |
Criminal Law and Procedure |
|
Dec. 23, 2015 | |
14-17050
|
Pacific Radiation Oncology LLC v. Queen’s Medical Center
Adopting Eighth Circuit rule, relationship must exist between injury claimed in motion for injunctive relief and conduct alleged in underlying complaint. |
Civil Procedure |
|
Dec. 23, 2015 | |
11-73587
|
Jang v. Lynch
North Korean Human Rights Act Section 302 does not preclude finding that North Korean has 'firmly settled' in South Korea. |
Immigration |
|
Dec. 23, 2015 | |
B260679
|
People v. Gerard
Board of Parole Hearing properly placed prisoner on 45-day hold to allow time for full 'mentally disordered offender' evaluation. |
Criminal Law and Procedure |
|
Dec. 23, 2015 | |
H042060
|
Roe v. Superior Court
Civil Procedure Section 2030.020 does not empower a court to compel parental interviews as part of mental examination of party who is a minor. |
Administrative Agencies |
|
Dec. 22, 2015 | |
E062604
|
Harrison v. City of Rancho Mirage
Municipal ordinance requiring someone over age 30 to sign agreement in short-term vacation rentals not subject to antidiscrimination provisions of Unruh Civil Rights Act. |
Municipal Law |
|
Dec. 22, 2015 | |
B258860
|
United Riggers & Erectors Inc. v. Coast Iron & Steel Co.
Contractor may only withhold retention payments where there is good faith dispute regarding subcontractor's entitlement to such payments. |
Contracts |
|
Dec. 22, 2015 | |
11-73725
|
Viloria v. Lynch
Judicial review of Board of Immigration Appeals decisions is limited to final orders of removal, and 8 U.S.C. Section 1252(b)(5), is no exception. |
Immigration |
|
Dec. 22, 2015 | |
13-57071
|
Garcia v. Long
Grant of habeas relief affirmed where petitioner's confession played for jury despite his unambiguous and unequivocal invocation of 'Miranda.' |
Criminal Law and Procedure |
|
Dec. 22, 2015 | |
B256744
|
Flowers v. Los Angeles County Metropolitan Transportation Authority
Public transit bus drivers may proceed with putative class action against Los Angeles Metropolitan Transportation Authority alleging violation of state minimum wage requirements. |
Labor Law |
|
Dec. 21, 2015 | |
14-1180
|
In re Martin
Although increasing number of courts have adopted literal construction of the definition of "return" in dischargeability statute, this approach rejected in light of contextual reading. |
Bankruptcy |
|
Dec. 21, 2015 | |
14-1395
|
Free v. Malaier (In re Free)
Wholly-unsecured liens previously discharged in chapter 7 filing cannot be used to calculate debtors' eligibility for subsequent chapter 13 filing. |
Bankruptcy |
|
Dec. 21, 2015 | |
13-17491
|
Ai v. United States
All Commonwealth of Northern Mariana Islands workers and their employers must pay FICA taxes regardless of citizenship. |
Taxation |
|
Dec. 21, 2015 | |
H040919
|
Kerkeles v. City of San Jose
Where the difference between an attorney's request for fees, under 42 U.S.C. Section 1988, and the court's award is greater than 10 percent the court is expected to articulate its specific reasoning to allow for meaningful appellate review. |
Civil Procedure |
|
Dec. 21, 2015 | |
14-56104
|
Pauma v. State of California
Summary judgment in favor of Pauma Band of Luiseno Mission Indians proper where California misrepresents material fact when negotiating amendment to gaming compact. |
Gaming |
|
Dec. 21, 2015 | |
15-16133
|
Jewel v. National Security Agency
District court erroneously certifies claim under FRCP 54(b) involving challenge to government surveillance program where single claim was intrinsically intertwined with several remaining pending issues. |
Civil Procedure |
|
Dec. 21, 2015 | |
D067787
|
In re Chase C.
Minor exercises free speech right where he verbally encourages fellow minor not to cooperate with sheriff's deputy; does not commit obstruction when encouraging unlawfully detained friends not to cooperate. |
Constitutional Law |
|
Dec. 21, 2015 |