Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
14-35296
|
K.W. v. Armstrong
Idaho may not implement reduced budgets for Developmental Disabilities Waiver program participants absent adequate notice for reductions. |
Health Care |
|
Jun. 7, 2015 | |
13-15486
|
Sam K. v. State of Hawaii Dept. of Education
Disabled student's private school placement is not 'unilateral'; request for reimbursement of school costs not subject to 180-day limitations under Haw. Rev. Stat. Section 302A-443(a). |
Education |
|
Jun. 7, 2015 | |
B257054
|
Garcia v. Superior Court (Southern Counties Express Inc.)
Trial court's failure to rule on threshold question of FAA's applicability to arbitration agreement warrants reversal of ruling compelling parties to arbitrate dispute. |
Employment Law |
|
Jun. 4, 2015 | |
F070090
|
In re Alejandro B.
Application of People v. Vargas to strike juvenile's commitment offenses where there were no prior convictions is premature. |
Juveniles |
|
Jun. 4, 2015 | |
F069145
|
Honchariw v. County of Stanislaus
Inverse condemnation action does not fall within exception to 90-day limitation period because plaintiff failed to allege compensable taking was established in mandamus proceeding. |
Government |
|
Jun. 4, 2015 | |
10-17803
|
Big Lagoon Rancheria v. State of California
California's claims that Indian tribe lacks standing and is not a recognized tribe should have been brought under the APA and not as a collateral attack. |
Gaming |
|
Jun. 4, 2015 | |
12-16244
|
Escobedo v. Applebees
Employee's complaint is deemed filed on date it is delivered to court of clerk, regardless if it was submitted with an in forma pauperis application. |
Civil Procedure |
|
Jun. 4, 2015 | |
13-55023
|
Kohn Law Group v. Auto Parts Mfg. Miss.
Stay of litigation not an abuse of discretion under first-to-file rule, where similar parties and issues are being litigated in case elsewhere that was filed first. |
Civil Procedure |
|
Jun. 4, 2015 | |
C075204
|
Leber v. DKD of Davis Inc.
Consumer has no recourse from seller regarding 'lemon' truck where seller expressly cautioned consumer he was buying 'used' car 'AS IS' with no warranties. |
Consumer Law |
|
Jun. 4, 2015 | |
C073735
|
Siskiyou County Farm Bureau v. Dept. Fish & Wildlife
No ambiguity in Fish and Game Code Section 1602 requiring notification when entity plans to 'divert' water. |
Water Rights |
|
Jun. 4, 2015 | |
H040779
|
In re J.S.
Legislature's failure to endow 'honorable/dishonorable discharge' determination power in local courts when transferring jurisdiction over youths on probation, though likely an oversight, cannot be remedied by courts. |
Government |
|
Jun. 4, 2015 | |
B253580
|
People v. Chung
Consecutive sentences on three offer to sell counts violated bar on multiple punishment for 'single act' under Penal Code Section 654. |
Criminal Law and Procedure |
|
Jun. 4, 2015 | |
B255297
|
People v. Shabazz
Defendant must comply with specific procedures before he can reduce qualifying felony convictions to misdemeanors under Proposition 47, which does not apply automatically. |
Criminal Law and Procedure |
|
Jun. 2, 2015 | |
F068477
|
Davis v. Fresno Unified School District
Reversal of demurrer warranted where taxpayer adequately alleges 'lease-leaseback' between school district and contractor is not a genuine lease and contractor has a conflict of interest. |
Education |
|
Jun. 2, 2015 | |
B259570
|
Noe v. Superior Court
Company that is aware of subcontractor's labor code violations could be penalized; however, section 226.8 of the code provides no private right of action. |
Labor Law |
|
Jun. 2, 2015 | |
A141947
|
Oregel v. PacPizza LLC
Employer waives right to enforce purported arbitration agreement based on its conduct and lengthy delay in filing petition to compel arbitration. |
Employment Law |
|
Jun. 2, 2015 | |
14-238
|
U.S., ex rel, Shea v. Cellco Partnership
Order |
|
Jun. 2, 2015 | ||
12-99006
|
Pensinger v. Chappell
Kidnap-murder special circumstance and death sentence must be vacated where jury was not instructed on requirement of 'independent felonious purpose.' |
Criminal Law and Procedure |
|
Jun. 2, 2015 | |
13-35626
|
Britton v. Colvin
Administrative law judge's denial of disability benefits is not an error, where substantial evidence shows applicant could perform light work, and where medical expert's testimony is inadequate. |
Administrative Agencies |
|
Jun. 2, 2015 | |
13-55106
|
Allen v. Bedolla
District court fails to meet heightened procedural standard for review of settlement negotiated in absence of certified class. |
Civil Procedure |
|
Jun. 2, 2015 | |
D066670
|
Moore v. City of Lemon Grove
Transfer of sewer service fees and charges to city's general fund does not violate Proposition 218 where reasonable methods are used to determine the transfer. |
Taxation |
|
Jun. 2, 2015 | |
B254298
|
Mira Overseas Consulting Ltd. V. Muse Family Enterprises Ltd.
Claimant's judgment lien takes priority over other competing claimant's lien because its lien related back to recording of lis pendens. |
Real Property |
|
Jun. 2, 2015 | |
14–939
|
Taylor v. Barkes
Government officials are entitled to qualified immunity for inmate's suicide where there was no clearly established right to adequate screening and prevention measures at time of inmate's death. |
Government |
|
Jun. 1, 2015 | |
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 |