Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
A143557
|
People v. Waters
Trial court lacks jurisdiction to order restitution two years after defendant's successful completion of probation. |
Criminal Law and Procedure |
|
Nov. 9, 2015 | |
D065652
|
Buchanan v. Soto
California court may assert personal jurisdiction over deportee concerning allegedly fraudulent transfer of property located near in Southern California. |
Civil Procedure |
|
Nov. 9, 2015 | |
11-16811
|
Tohono O’odham Nation v. State of Arizona
Arizona law allowing annexation of certain unincorporated lands is preempted by Gila Bend Indian Reservation Lands Replacement Act. |
Native American Affairs |
|
Nov. 9, 2015 | |
A143422
|
Doolittle v. Exchange Bank
Trust's duty to defend against contests provision is not a no contest clause and can be enforced prior to determining merits of beneficiary's challenges. |
Probate and Trusts |
|
Nov. 6, 2015 | |
F070288
|
In re Sadie S.
Father's challenges to Indian tribal customary adoption order lack merit; juvenile court properly afforded order full faith and credit. |
Juveniles |
|
Nov. 6, 2015 | |
13-30077
|
U.S. v. Dreyer
NCIS violates prohibition on use of military in civilian law enforcement, but suppression not needed where facts do not demonstrate suppression necessary for deterrence. |
Criminal Law and Procedure |
|
Nov. 5, 2015 | |
14-30145
|
U.S. v. Galan
In calculating restitution in child pornography case, losses attributable to actions of original abuser should be separated from those caused by defendant. |
Criminal Law and Procedure |
|
Nov. 5, 2015 | |
14-30198
|
U.S. v. Kowalczyk
Person whose competence is in question has non-waivable right to counsel, a role 'masterfully fulfilled' by appointed amicus. |
Criminal Law and Procedure |
|
Nov. 5, 2015 | |
G050676
|
Adoption of T.K., a Minor
Unwed father who made no effort to financially support and even cyber-stalked mother during pregnancy is not entitled to 'Kelsey S.' father status. |
Juveniles |
|
Nov. 5, 2015 | |
A143043
|
Stevens v. Workers’ Compensation Appeals Board
Reforms to workers' compensation scheme establishing independent medical review process passes constitutional muster. |
Workers' Compensation |
|
Nov. 5, 2015 | |
14-10154
|
Voisine v. United States
Order |
|
Nov. 5, 2015 | ||
B259146
|
Performance Team Freight Systems v. Aleman
Employer's petition to compel arbitration should have been granted; truck drivers' 'Independent Contractor Agreements' not exempt from Federal Arbitration Act. |
Labor Law |
|
Nov. 4, 2015 | |
B261136
|
Tyler R., a Minor
Mother's lack of interest in newborn child, coupled with her severe physical handicap, supported juvenile court's jurisdictional finding over child. |
Dependency |
|
Nov. 4, 2015 | |
D068942
|
In re Bianca S.
Juvenile dependent teens' acts of vandalism do not amount to 'urgent necessity' for continued detention at Juvenile Hall. |
Juveniles |
|
Nov. 4, 2015 | |
F064909
|
People v. Bell
Any plea of once in jeopardy that presents a question of material fact must be resolved by a jury unless jury trial is waived. |
Criminal Law and Procedure |
|
Nov. 4, 2015 | |
13-15213
|
Brown-Hunter v. Colvin
Administrative Law Judge errs by failing to provide specific, clear and convincing reasons for rejecting Social Security claimant's testimony. |
Administrative Agencies |
|
Nov. 4, 2015 | |
13-56952
|
Wilkinson v. Gingrich
State court unreasonably applies rule of collateral estoppel when it upholds perjury conviction after defendant's acquittal in traffic court. |
Criminal Law and Procedure |
|
Nov. 4, 2015 | |
D066918
|
Marriage of Cecilia and David W.
Failure to apply correct legal standard and lack of substantial evidence requires reversal of adult child support order. |
Family Law |
|
Nov. 4, 2015 | |
B257808
|
Lucent Technologies Inc. v. State Board of Equalization
Transmission of software as part of license to copy and use software using alternative, physical media does not transform software into taxable tangible personal property. |
Taxation |
|
Nov. 4, 2015 | |
B250572
|
People v. Dokins
Failure to consider 'Miller v. Alabama' factors before imposing 90 year sentence on juvenile homicide offender results in reversal in sentence and remand. |
Criminal Law and Procedure |
|
Nov. 3, 2015 | |
B262028
|
Brady v. Calsol Inc.
Raw materials or component parts doctrine does not shield mineral spirits manufacturer from liability for worker's leukemia. |
Torts |
|
Nov. 3, 2015 | |
B261105
|
Olive Properties L.P. v. Coolwaters Enterprises Inc.
Defaulting tenant cannot dodge landlord's unlawful detainer action where action did not arise out of protected petitioning activities. |
Real Property |
|
Nov. 3, 2015 | |
G051368
|
People v. Cuen
Defendant not eligible for resentencing for theft of access card information because such offense is not subject to recall and resentencing under Proposition 47. |
Criminal Law and Procedure |
|
Nov. 3, 2015 | |
15-5970
|
Berry v. United States
Order |
|
Nov. 3, 2015 | ||
15-5984
|
Caldwell v. United States
Order |
|
Nov. 3, 2015 | ||
12-73469
|
Mancilla-Delafuente v. Lynch
Nevada conviction for conspiracy to possess credit card without consent is categorically crime involving moral turpitude disqualifying petitioner from cancellation of removal. |
Immigration |
|
Nov. 3, 2015 | |
D066741
|
People v. Woods
Sex offender who continually abused, impregnated teenager may possibly receive reduced sentence for child sex abuse convictions due to instructional error. |
Criminal Law and Procedure |
|
Nov. 3, 2015 | |
B256605
|
Beverly Hills USD v. LA Metro.
L.A. County MTA prevails over Beverly Hills and its school district regarding its approval of final environmental impact report for subway tunnel. |
Administrative Agencies |
|
Nov. 3, 2015 | |
A143211
|
In re Aurora P.
Dependent children, as parties opposing termination of dependency jurisdiction, bear burden of proof under Cal. Welfare and Institutions Code Section 364 to support retention of dependency jurisdiction. |
Dependency |
|
Nov. 2, 2015 | |
B256761
|
Sprengel v. Zbylut
Attorney's anti-SLAPP motion fails to strike malpractice action even though attorney disputed existence of attorney-client relationship underlying claim. |
Attorneys |
|
Nov. 2, 2015 |