Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
13-1032
|
Direct Marketing Association v. Brohl
Tax Injunction Act does not deprive federal court of jurisdiction over case involving Colorado’s sales and user tax notice and reporting requirements. |
Business Law |
|
Mar. 3, 2015 | |
D065556
|
Trabert v. Consumer Portfolio Services
Unconscionable arbitration provision creating exception to the binding and final nature of arbitration award is severable from the arbitration agreement. |
Contracts |
|
Mar. 3, 2015 | |
13-15175
|
Cal. Dump Truck Owners Ass'n v. Mary Nichols
Challenges to EPA-approved state implementation plans must be brought in federal appellate courts. |
Environmental Law |
|
Mar. 3, 2015 | |
12-70174
|
Plott Nursing Home v. Burwell
California skilled nursing facility avoids penalty for violating UTI standards, but remains liable for violating bedsore standards. |
Health Care |
|
Mar. 3, 2015 | |
12-57253
|
Rush v. Sport Chalet, Inc.
District court abuses its discretion by failing to conduct a prejudice analysis when it chooses to dismiss rather than sever defendants. |
Civil Procedure |
|
Mar. 3, 2015 | |
E058324
|
Windsor Food Quality Co. Ltd. v. The Underwriters of Lloyds of London
Food manufacturer cannot file insurance claim based on USDA recall of supplier’s allegedly contaminated beef product. |
Insurance |
|
Mar. 3, 2015 | |
B253227
|
Dreamweaver Andalusians v. Prudential Insurance
Lack of necessary party that was ‘active participant’ in negligence allegations renders dismissal of suit proper. |
Civil Procedure |
|
Mar. 3, 2015 | |
G051310
|
Andrew V. v. Superior Court (Jessica V.)
Family court may not allow mother to temporarily relocate children out-of-state without conducting full adversarial hearing. |
Family Law |
|
Mar. 3, 2015 | |
B253135
|
People v. Tittle
Under Three Strikes Law, trial courts may impose recidivism enhancement for each of offender’s current qualifying offenses. |
Criminal Law and Procedure |
|
Mar. 3, 2015 | |
14-1346
|
In re Goldstein
Debtors’ claims against bank are part of bankruptcy estate because they accrued prepetition. |
Bankruptcy |
|
Mar. 3, 2015 | |
G050226
|
Acacia Patent Acquisition LLC v. Superior Court (Reddy)
Law firm that represented attorneys in fee dispute may be disqualified from representing another client involving matters related to prior representation. |
Attorneys |
|
Mar. 2, 2015 | |
D066873
|
Securitas Security Services USA Inc. v. Superior Court (Edwards)
Court improperly sends employee’s entire claims to arbitration despite unenforceable PAGA waiver, which rendered entire arbitration agreement unenforceable. |
Employment Law |
|
Mar. 2, 2015 | |
D066919
|
Universal Protection Services v. Superior Court
Agreement between employer and employee to follow American Arbitration Association rules puts question of arbitrability in purview of arbitrator. |
Administrative Agencies |
|
Mar. 2, 2015 | |
14-361
|
Ocasio v. U.S.
Order |
|
Mar. 2, 2015 | ||
14-520
|
Hawkins v. Community Bank of Raymore
Order |
|
Mar. 2, 2015 | ||
13-10664
|
U.S. v. Mendez-Sosa
Under federal law, enhancement proper when prior offense received criminal points and was a 'crime of violence.' |
Criminal Law and Procedure |
|
Mar. 2, 2015 | |
12-57315
|
C.W. v. Capistrano Unified Sch. Dist.
Deliberate ruling below by Administrative Law Judge helps substantiate plaintiff’s claims as non-frivolous. |
Civil Procedure |
|
Mar. 2, 2015 | |
11-56088
|
Weiland v. American Airlines Inc.
Check airman cannot seek reinstatement under newly enacted law abrogating Age 6o Rule in airline industry. |
Administrative Agencies |
|
Mar. 2, 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 |
|
Mar. 2, 2015 | |
S187965
|
People v. Mosley
Residency restrictions of Jessica’s Law are non-punitive, regulatory device; thus, trial judge may impose them without raising <EM>Apprendi</EM> concerns. |
Criminal Law and Procedure |
|
Mar. 2, 2015 | |
S206143
|
In re Taylor
Proposition 83 residency restrictions upon sex offender parolees unconstitutional, but parole officials retain authority to impose such restrictions if individualized. |
Criminal Law and Procedure |
|
Mar. 2, 2015 | |
B253746
|
Siegel v. Fife
Beneficiary may not object to sale of settlor’s property which is necessary to provide for her care and maintenance. |
Probate and Trusts |
|
Mar. 1, 2015 | |
09-17339
|
McDaniels v. Kirkland
Order |
|
Mar. 1, 2015 | ||
A142162
|
City of Berkeley v. 1080 Delaware, LLC
Condition in use permit that requires adherence to unenforceable ordinance may be enforced if not challenged by application for writ of administrative mandate within 90 days. |
Government |
|
Mar. 1, 2015 | |
A139111
|
People v. Davis
Restrictive language in Prop 47 does not limit measure of ‘unreasonable risk of danger to public safety’ to Section 667(e)’s enumerated list of felonies. |
Criminal Law and Procedure |
|
Mar. 1, 2015 | |
B252962
|
Sanowicz v. Bacal
Real estate agent may proceed with lawsuit against fellow agent for reneging on commission-sharing deal. |
Contracts |
|
Mar. 1, 2015 | |
B253746
|
Siegel v. Fife
Beneficiary may not object to sale of settlor’s property which is necessary to provide for her care and maintenance. |
Probate and Trusts |
|
Mar. 1, 2015 | |
D062628
|
City of San Marcos v. Loma San Marcos LLC
Property owner fails to challenge mitigation impact fees imposed by City in allowing property’s new use as movie studio. |
Real Property |
|
Mar. 1, 2015 | |
12-50336
|
U.S. v. Valdez-Novoa
Immigration judge’s failure to inform alien of eligibility for relief does not warrant reversal of conviction where alien suffered no prejudice. |
Criminal Law and Procedure |
|
Mar. 1, 2015 | |
12-15705
|
Theodore H. Frank v. Netflix, Inc.
Notice to class members about settlement over Netflix-Walmart agreement deemed sufficient, as it included important details such as settlement amount and claims recovery process. |
Antitrust |
|
Mar. 1, 2015 |