Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
A142734
|
In re Coleman
Prisoner's consecutive sentence for felony committed while incarcerated cannot begin until date when he would have actually been released from prison, not from end of base term calculated by parole board. |
Prisoners Rights |
|
May 14, 2015 | |
B257860
|
M.M., a Minor
Juvenile court may not ignore Penal Code's clear mandate not to proceed with jurisdictional hearing without physical presence of incarcerated parent. |
Dependency |
|
May 13, 2015 | |
15-71346
|
Her Majesty the Queen in Right of Canada v. United States District Court (Nathan Stoliar)
Canada not entitled to restitution under the Mandatory Victims Restitution Act because the scheme to which defendant pled guilty was different than the one perpetrated against Canada. |
Criminal Law and Procedure |
|
May 13, 2015 | |
B255408
|
Golden State Water Co. v. Casitas Municipal Water District
Casitas Municipal Water District may finance purchase of private water service utility by eminent domain through Mello-Roos financing. |
Real Property |
|
May 13, 2015 | |
13-10354
|
U.S. v. Brown
Indigent criminal defendant obtains new trial for child pornography-related charges after court improperly denied his motion to fire retained counsel. |
Criminal Law and Procedure |
|
May 13, 2015 | |
13-50348
|
U.S. v. Gonzalez
Trial court does not abuse discretion when it declines to offer defendant's proposed jury instruction as to specific unanimity, where trial court offers a similar instruction. |
Criminal Law and Procedure |
|
May 13, 2015 | |
H039974
|
People v. Denize
Defendant serving a Three Strikes sentence for both a serious and nonserious offense is not entitled to resentencing under the retrospective portion of the Three Strikes Reform Act. |
Criminal Law and Procedure |
|
May 13, 2015 | |
B256806
|
People v. Miranda
Voluntary waiver of right to counsel is knowing and intelligent despite later claims of mental health problems, which were not apparent when defendant invoked right to self-representation. |
Criminal Law and Procedure |
|
May 13, 2015 | |
A133121
|
People v. Hill
Murder conviction is reversed because jury was not instructed that it was required to decide whether the accused aided and abetted the killer at the time of the victim's death. |
Criminal Law and Procedure |
|
May 13, 2015 | |
B258000
|
Lozano v. Workers’ Compensation Appeals Board
Survivors of deceased firefighter may be entitled to workers' compensation benefits pursuant to recently enacted law extending 'cancer presumption' to firefighters. |
Workers' Compensation |
|
May 13, 2015 | |
B259392
|
American Civil Liberties Union Foundation of Southern California v. Superior Court (County of Los Angeles)
Records generated by Automatic License Plate Reader, which aids law enforcement in criminal investigations, are exempt from disclosure under California Public Records Act. |
Government |
|
May 12, 2015 | |
A137680
|
Cal. Bldg. Industry Assn. v. State Water Resources Control Board
Fee increase approved by a quorum of the California State Water Resources Control Board is valid under Water Code Section 181; Section 183 inapplicable. |
Water Rights |
|
May 12, 2015 | |
14-55235
|
Diaz v. Kubler Corp.
Debtor does not violate FDCPA when it seeks prejudgment interest on a vested debt under California law even without a prior judgment. |
Banking |
|
May 12, 2015 | |
14-15311
|
Comstock v. Humphries
Defendant is entitled to habeas relief where victim's recollection expressed doubt as to whether crime had been committed at all. |
Criminal Law and Procedure |
|
May 12, 2015 | |
12-72985
|
Sewards v. Commissioner of Internal Revenue
Additional service pension retired Los Angeles County employee received that exceeded disability pension is taxable. |
Taxation |
|
May 12, 2015 | |
12-55912
|
Ashbey v. Archstone Property Management Inc.
Employee's Title VII claim must be arbitrated because, by signing acknowledgment, employee knowingly waived his right to judicial forum. |
Employment Law |
|
May 12, 2015 | |
B254859
|
Monsivaiz v. County Civil Service Com. (L.A. County Dept. of Ag. Comr.)
Dismissal of writ of mandate for lack of jurisdiction is proper where Los Angeles County employee died during pendency of writ proceeding and his widow wished to be deemed successor in interest. |
Municipal Law |
|
May 12, 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 12, 2015 | |
C077293
|
P.R., a Minor
Mother lacks standing to challenge juvenile court's placement of her Indian child where she did not otherwise challenge order terminating her parental rights. |
Dependency |
|
May 12, 2015 | |
D066482
|
People v. Covarrubias
Error admitting unrelated, prejudicial personal-tragedy testimony in drunk driving murder trial is nevertheless not prejudicial given overwhelming evidence of defendant's implied malice. |
Criminal Law and Procedure |
|
May 12, 2015 | |
B246667
|
Marzec v. CalPERS
Factual disputes exist regarding whether CalPERS' disability retirement plans for workers who purchased additional service credits violates CalPERS' fiduciary duty. |
Employment Law |
|
May 11, 2015 | |
D064549
|
Hirst v. City of Oceanside
FEHA's protection against harassment encompasses phlebotomist who worked for employer that provided her services to city pursuant to a contract. |
Employment Law |
|
May 10, 2015 | |
13-15199
|
Davis v. Guam
Guam resident has standing to challenge Guam law allowing only Native Inhabitants to decide Guam's future relations with mainland U.S. |
Civil Rights |
|
May 10, 2015 | |
12-74184
|
El Comité para el Bienestar de Earlimart v. EPA
EPA's interpretation of ambiguous figures in California's Pesticide Element relating to VOC emissions reductions is reasonable. |
Environmental Law |
|
May 10, 2015 | |
11-70532
|
Torres v. Lynch
Board of Immigration Appeals' decision to deny Mexican citizen adjustment of status is discretionary and not subject to categorical approach or review on appeal. |
Immigration |
|
May 10, 2015 | |
B244896
|
Bergstein v. Strook & Strook & Lavan LLP
Anti-SLAPP statute bars claims against attorneys protected by the litigation privilege. |
Civil Procedure |
|
May 10, 2015 | |
B252772
|
Baez v. CalPERS
Section 31 of the California Constitution, which generally prohibits the state from granting preferential treatment to protected groups, does not support claims alleging racial discrimination against such groups. |
Civil Rights |
|
May 10, 2015 | |
A138683
|
People v. Peau
Failure to instruct on heat of passion is harmless error where jury found defendant guilty of first degree murder. |
Criminal Law and Procedure |
|
May 10, 2015 | |
B250925
|
Peterson v. Wells Fargo Bank N.A.
Lender may not sell property that was deeded by surviving spouse who only held life estate on it and lacked power to encumber it. |
Real Property |
|
May 10, 2015 | |
B257258
|
Kimco Staffing Services v. State of California
State has a rational basis to prohibit temporary services employers and leasing employers from self-insuring their workers' compensation liability. |
Labor Law |
|
May 10, 2015 |