Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B255951
|
People v. Diaz
Striking enhancement based on conviction designated a misdemeanor under Prop. 47 is premature because of failure to first seek re-designation from court of conviction. |
Criminal Law and Procedure |
|
Jul. 28, 2015 | |
G049611
|
Golba v. Dick's Sporting Goods
Attorney fees section of settlement deemed illegal as counsel for plaintiffs 'practiced law in California' without pro hac vice admission. |
Attorneys |
|
Jul. 27, 2015 | |
12-36023
|
Chadd v. United States of America, National Park Service
Discretionary function exception applies to National Park Service's decision to use non-lethal methods to manage goat who killed visitor, thus barring tort suit. |
Torts |
|
Jul. 27, 2015 | |
13-35773
|
Tulalip Tribes v. Suquamish Indian Tribe (United States of America, et al.)
Tulalip Tribe fails to meet burden that contested areas should be excluded from Suquamish Indian Tribe's 'usual and accustomed' fishing grounds and stations. |
Native American Affairs |
|
Jul. 27, 2015 | |
14-15781
|
Chinatown Neighborhood Association v. Harris
Parties that previously engaged in cultural practices and commerce involving shark fins fail to overturn California's Shark Fin Law. |
Constitutional Law |
|
Jul. 27, 2015 | |
S199435
|
Estate of Duke
Unambiguous will may be reformed to conform to testator's intent if clear and convincing evidence establishes mistake and testator's specific intent. |
Probate and Trusts |
|
Jul. 27, 2015 | |
13-35377
|
Dietz v. Bouldin
In first impression review, court justified in re-empanelling jury 'moments' after dismissal to correct verdict error as inquiry satisfies issue of outside influence. |
Civil Procedure |
|
Jul. 26, 2015 | |
15-10289
|
U.S. v. Santos-Flores
Order |
|
Jul. 26, 2015 | ||
H040955
|
Marriage of Oliverez
Second trial judge errs in reconsidering and vacating prior judge's ruling over mere disagreement in highly contentious divorce case. |
Judges |
|
Jul. 26, 2015 | |
A135438
|
People v. Andrade
One Strike Law does not authorize only one life term per victim; multiple life terms can be imposed for each eligible offense. |
Criminal Law and Procedure |
|
Jul. 26, 2015 | |
H036790
|
Rutledge v. Hewlett-Packard
Debate over inadequacies of HP tablet notebook constitute issues of fact, not law, invalidating summary judgment of lower court. |
Administrative Agencies |
|
Jul. 23, 2015 | |
E059589
|
People v. LaBlanc
Because superior court denied civilly-committed SVP's petition as frivolous based upon a misapprehension as to the original commitment jury's ruling, superior court erred. |
Criminal Law and Procedure |
|
Jul. 23, 2015 | |
12-35221
|
Stormans Inc. dba Ralph’s Thriftway v. Weisman
Washington rules requiring timely delivery of all prescription medication passes constitutional muster despite parties' religious objections. |
Constitutional Law |
|
Jul. 23, 2015 | |
S226753
|
California Building Industry Association v. State Water Resources Control Board
Order |
|
Jul. 23, 2015 | ||
S226538
|
Delano Farms Co. v. California Tabor Grape Commission
Order |
|
Jul. 23, 2015 | ||
S226284
|
BNSF Railway Co. v. Superior Court (Kralovetz)
Order |
|
Jul. 23, 2015 | ||
S227107
|
People v. Magat
Order |
|
Jul. 23, 2015 | ||
S226721
|
People v. Sek
Order |
|
Jul. 23, 2015 | ||
S226857
|
People v. Williams
Order |
|
Jul. 23, 2015 | ||
D067445
|
Alejandro N. v. Superior Court (People)
In lead case, Proposition 47's offense reclassification provisions under Penal Code Section 1170.18 applies to juvenile offenders, authorizing redesignation of juvenile felony to misdemeanor. |
Administrative Agencies |
|
Jul. 23, 2015 | |
G051212
|
People v. Pinon
Trial court errs in imposing period of parole in resentencing offender under Prop. 47, without accounting for custody credits and where resulting period exceeded remainder of his post-release community supervision. |
Criminal Law and Procedure |
|
Jul. 23, 2015 | |
13-15809
|
Double Bogey L.P. v. Enea
Debtor may not be considered a fiduciary under Bankruptcy Code Section 523(a)(4) solely by application of California's alter ego doctrine. |
Bankruptcy |
|
Jul. 22, 2015 | |
13-50553
|
United States v. Torres
Testimony of questions asked by an out-of-court declarant constitutes inadmissible hearsay evidence, as truth of the matter is 'implicitly' asserted. |
Criminal Law and Procedure |
|
Jul. 22, 2015 | |
14-35753
|
State of Idaho v. Coeur d'Alene Tribe
Coeur d'Alene Tribe's sovereign immunity is abrogated where Hold'em poker game is Class III gaming prohibited by Tribal-State compact. |
Gaming |
|
Jul. 22, 2015 | |
A141758
|
Christian H., a Minor
Juvenile court's dispositional order ordering juvenile's return to Honduras is overturned because court abused its discretion in finding that his return was not in his best interest. |
Juveniles |
|
Jul. 22, 2015 | |
D063675
|
Marshall v. County of San Diego
Social workers entitled to qualified immunity when they provide notice to prospective adoptive parent and there is no evidence they made false statements before removing child. |
Family Law |
|
Jul. 22, 2015 | |
B257429
|
People v. Murillo
Where amateur rapper threatens death to (and cites names of) rape victims, said rap may constitute genuine threat such that charges should survive preliminary examination. |
Criminal Law and Procedure |
|
Jul. 22, 2015 | |
D067454
|
Navarrete v. Meyer
Passenger may be liable for encouraging driver to race through dips, causing car to go airborne and fatally strike father. |
Torts |
|
Jul. 22, 2015 | |
B254639
|
Castaic Lake Water Agency v. Newhall County Water District
No Brown Act violation occurs where notice given by public agency regarding closed session to discuss potential lawsuit is in substantial compliance with the Act. |
Government |
|
Jul. 22, 2015 | |
C078345
|
Dept. of Corrections and Rehabilitation v. Workers’ Compensation Appeals Board
Workers' compensation death benefits for widow of former prison guard is annulled due to WCAB's failure to address widow's entitlement to special death benefits under PERS. |
Workers' Compensation |
|
Jul. 22, 2015 |