Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
13-1034
|
Mellouli v. Lynch
Drug-paraphernalia possession conviction under Kansas law does not trigger removal under 8 U.S.C. Section 1227(a)(2)(B)(i). |
Immigration |
|
Jun. 1, 2015 | |
13–1421
|
Bank of America N.A. v. Caulkett
Debtor may not void junior mortgage under Bankruptcy Code Section 506(d) even if debt owed on senior mortgage exceeds present value of property. |
Bankruptcy |
|
Jun. 1, 2015 | |
14-86
|
EEOC v. Abercrombie & Fitch Stores Inc.
Disparate-treatment claim based on failure to accommodate religious practice does not impose a knowledge requirement; plaintiff need only show motive. |
Employment Law |
|
Jun. 1, 2015 | |
13-983
|
Elonis v. United States
'Reasonable person' standard improperly applied in context of criminal-threat-by-Facebook case; renders culpability level negligence, which cannot support the conviction. |
Criminal Law and Procedure |
|
Jun. 1, 2015 | |
14-1376
|
Bronitsky v. Bea (In re Bea)
Debtor's chapter 13 plan does not necessarily violate Bankruptcy Code even if it deferred equal payments to secured creditors. |
Bankruptcy |
|
Jun. 1, 2015 | |
13-17005
|
Guam Industrial Services Inc. v. Zurich American Insurance Co.
Insurer not liable for cost of retrieving oil barrels from sea where no oil ever leaked out and barrel itself did not constitute 'pollutant.' |
Insurance |
|
Jun. 1, 2015 | |
S076337
|
People v. Charles
Admitting into evidence jailhouse letter by means of adoptive admission exception to hearsay rule was not error, where defendant's behavior clearly implied he authored the letter. |
Evidence |
|
Jun. 1, 2015 | |
S215132
|
State Dept. of State Hospitals v. Superior Court
Department of Mental Health has a duty under the Sexually Violent Predators Act but plaintiff cannot establish its alleged breach caused her sister's death. |
Torts |
|
Jun. 1, 2015 | |
G049139
|
Verdugo v. Alliantgroup
Enforcing forum selection clause in employment agreement designating Texas as exclusive forum violates California's public policy regarding employee compensation. |
Employment Law |
|
May 31, 2015 | |
B258021
|
Greene v. Bank of America
Where criminal defendant unsuccessfully challenged veracity of principal witness in probable cause hearing, that finding has preclusive effect and stymies eventual malicious prosecution claim after defendant's acquittal. |
Civil Procedure |
|
May 31, 2015 | |
B253860
|
Sela v. Medical Board of California
Trial court's judgment in physician disciplinary matter that affects status of physician's license is not directly appealable but reviewable only by means of extraordinary writ. |
Civil Procedure |
|
May 31, 2015 | |
12-17575
|
Stankova v. Metropolitan Property and Casualty Insurance Co.
Homeowner may proceed with lawsuit against insurer that denied coverage, where home was destroyed by mudslide resulting from wildfire. |
Insurance |
|
May 31, 2015 | |
13-35401
|
McCormack v. Herzog
Sections 18-505, 18-608(2), 18-608(1) and 18-605 of the Idaho Code regulating abortions are unconstitutional. |
Civil Rights |
|
May 31, 2015 | |
F067831
|
Salazar v. Thomas
Notice of default issued under a deed of trust is not sufficient to dispute owners' possession and thus commence statute of limitations on owners' action for quiet title. |
Real Property |
|
May 31, 2015 | |
H040674
|
Doe v. Superior Court
Duty to prevent harm and duty to disclose are not discrete but rather part of the general duty to act reasonably in fraud by concealment action. |
Torts |
|
May 31, 2015 | |
B253003
|
People v. Tingcungco
Tolling of appearance period for bail jumper not statutorily supported without prosecutorial assent. |
Criminal Law and Procedure |
|
May 31, 2015 | |
14-1482
|
Partida v. U.S. Dept. of Justice (In re Partida)
Government may enforce bankruptcy debtor's criminal restitution obligations by garnishing her retirement and pension without violating automatic stay. |
Bankruptcy |
|
May 28, 2015 | |
12-16935
|
Nettles v. Grounds
Prisoner's claim that does not "necessarily spell speedier release" is not cognizable as habeas corpus action. |
Prisoners Rights |
|
May 28, 2015 | |
12-30185
|
U.S. v. Martinez
Defendant was not removable based on aggravated felony because Washington state conviction for third-degree child molestation did not categorically qualify as generic sexual abuse of minor. |
Criminal Law and Procedure |
|
May 28, 2015 | |
12-56541
|
LeGras v. AETNA Life Insurance Co.
Error to conclude employee's appeal denying disability benefits is untimely when he mailed appeal on the Monday following the Saturday deadline. |
Employment Law |
|
May 28, 2015 | |
S083594
|
People v. Trujeque
Violation of ex post facto clause to apply California Penal Code Section 1387.1 when defendant was not liable when the section became effective. |
Criminal Law and Procedure |
|
May 28, 2015 | |
S212940
|
People v. Ford
Where defendant does not object to continuances of restitution hearing, he impliedly consents to eventual imposition of restitution after probationary period has expired. |
Civil Procedure |
|
May 28, 2015 | |
S215637
|
South Coast Framing Inc. v. Workers’ Compensation Appeals Board
To qualify for workers' compensation death benefits, industrial injury must be a contributing cause to employee's death, but need not constitute a 'material factor' contributing to the death. |
Workers' Compensation |
|
May 28, 2015 | |
G050923
|
Cosentino v. Fuller
Sovereign immunity does not bar retaliation claims against members of Indian gaming commission brought by former Indian casino employee who worked as government informant. |
Gaming |
|
May 28, 2015 | |
D064241
|
Harley-Davidson Inc. v. Franchise Tax Board
Appellate court revives Harley-Davidson's commerce clause challenge to California tax scheme provisions that treated interstate and intrastate unitary businesses differently. |
Taxation |
|
May 28, 2015 | |
D063992
|
Save Our Heritage Org. v. City of San Diego
City made approve development plans in historic area even if area can presently be put to 'a' beneficial use, if city determines that current use is not reasonable. |
Municipal Law |
|
May 28, 2015 | |
S201116
|
Berkeley Hillside Preservation v. City of Berkeley (Logan)
Fact that proposed project may have significant environmental effect does not constitute 'unusual circumstances' that precluded application of exemptions from CEQA review. |
Environmental Law |
|
May 28, 2015 | |
B253978
|
Kumaraperu v. Feldsted
Client's legal malpractice claim fails because attorney's allegedly wrongful conduct was not a substantial factor in bringing about her injury. |
Attorneys |
|
May 27, 2015 | |
C073677
|
Higgins-Williams v. Sutter Medical Foundation
Inability to work under a particular supervisor due to adjustment disorder related to the 'standard oversight' of job performance is not a mental disability under FEHA. |
Disability Discrimination |
|
May 27, 2015 | |
C074592
|
Quantification Settlement Agreement Cases
At the request of litigants, court dismisses appeals of Imperial County agencies in protracted Salton Sea dispute. |
Environmental Law |
|
May 27, 2015 |