Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B255043
|
People v. Brothers
Sua sponte jury instruction on lesser included offense of involuntary manslaughter not required where evidence supporting that crime was not ‘substantial.’ |
Criminal Law and Procedure |
|
Apr. 22, 2015 | |
B251223
|
County of Los Angeles v. Financial Casualty & Surety Inc.
Motion to vacate forfeiture should have been decided by court; permanent disability as basis to vacate forfeiture must be decided on remand. |
Criminal Law and Procedure |
|
Apr. 22, 2015 | |
G049197
|
People v. Lloyd
Man’s assault conviction overturned due to trial court’s failure to advise defendant of all his ‘Boykin-Tahl’ rights and obtain express waivers thereof. |
Criminal Law and Procedure |
|
Apr. 22, 2015 | |
13–1074
|
United States v. Wong
Deadlines for filing claims under Federal Tort Claims Act are subject to equitable tolling. |
Torts |
|
Apr. 22, 2015 | |
13-35443
|
Pizzuto v. Ramirez
Petitioner’s Rule 60 motion properly denied where claims are either not ineffective assistance of counsel claims or are unsupported by the evidence. |
Criminal Law and Procedure |
|
Apr. 22, 2015 | |
D066959
|
Flethez v. San Bernardino County Employees Retirement Association
Former county employee is not entitled to prejudgment interest on retroactive disability retirement benefits that have not yet vested. |
Civil Procedure |
|
Apr. 22, 2015 | |
B257446
|
Kennedy v. Kennedy
When involuntary dissolution action is withdrawn, trial court lacks jurisdiction under Cal. Corp. Code § 2000 to stay dissolution and allow defendants in action to purchase plaintiff's shares of mutually-held companies |
Corporations |
|
Apr. 22, 2015 | |
B257446
|
Kennedy v. Kennedy
When involuntary dissolution action is withdrawn, trial court lacks jurisdiction under Cal. Corp. Code § 2000 to stay dissolution and allow defendants in action to purchase plaintiff's shares of mutually-held companies |
Corporations |
|
Apr. 21, 2015 | |
G048969
|
Capistrano Taxpayers v. City of San Juan Capistrano
City must allocate costs of providing water at each pricing tier rather than allocate total costs over all tiers. |
Water Rights |
|
Apr. 21, 2015 | |
13–9972
|
Rodriguez v. U.S.
Dog sniff conducted following completion of a traffic stop violates Fourth Amendment’s prohibition against unreasonable seizures. |
Criminal Law and Procedure |
|
Apr. 21, 2015 | |
13–271
|
Oneok Inc. v. Learjet Inc.
Natural Gas Act does not preempt purchaser’s state-law claims aimed at interstate pipelines’ practices that affected retail prices of natural gas. |
Consumer Law |
|
Apr. 21, 2015 | |
13-16396
|
Parsons v. Ryan
Order |
|
Apr. 21, 2015 | ||
13-35087
|
Johnson v. Gibson
Order |
|
Apr. 21, 2015 | ||
13-30223
|
United States v. Walls
Court did not err in providing jury with instruction under the TVPA relating to the affect of sex trafficking activities on interstate commerce. |
Criminal Law and Procedure |
|
Apr. 21, 2015 | |
13-10500
|
U.S. v. Alvarez-Ulloa
Former boxer unsuccessfully challenges supplemental jury instruction on insanity defense because instruction was not impermissibly coercive. |
Criminal Law and Procedure |
|
Apr. 21, 2015 | |
12-17355
|
Prichard v. MetLife Ins. Co.
Where other documentation exists, Summary Plan Description of retirement plan does not constitute governing terms of plan. |
Insurance |
|
Apr. 21, 2015 | |
12-10541
|
United States v. Hornbuckle
Two-level enhancements appropriate due to undue influence and actual commission of sex acts by minors. |
Criminal Law and Procedure |
|
Apr. 21, 2015 | |
E059714
|
People v. Shamblin
Manner in which murderer killed his victim—by manual strangulation—is sufficient evidence of premeditation and deliberation. |
Criminal Law and Procedure |
|
Apr. 21, 2015 | |
B251196
|
People v. Sek
Court should not give ‘legally erroneous and misleading’ CALJIC No. 8.66.1 to jury, or impose indeterminate life sentences when information did not allege attempted murders were willful, deliberate and premeditated. |
Criminal Law and Procedure |
|
Apr. 20, 2015 | |
14-839
|
Dickson v. Rucho
Order |
|
Apr. 20, 2015 | ||
14-976
|
CSR PLC v. Azure Networks LLC
Order |
|
Apr. 20, 2015 | ||
G049483
|
People v. Berry
Dismissed firearm count cannot be used to determine inmate’s eligibility for resentencing under California Penal Code Section 1170.126. |
Criminal Law and Procedure |
|
Apr. 20, 2015 | |
G048876
|
People v. Osorio
Particularly in the context of slight parole violations, defendant’s demurrer to parole revocation petition should be sustained where such petition fails to show reason as to why intermediate measure do not suffice. |
Criminal Law and Procedure |
|
Apr. 20, 2015 | |
12-10171
|
U.S. v. Mazzarella
Employee assisting government by collective allegedly fraudulent employer’s documents may have violated employer’s Fourth Amendment rights, though her motive may have been simply to ‘do the right thing.’ |
Constitutional Law |
|
Apr. 20, 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 |
|
Apr. 20, 2015 | |
H040757
|
In re Willover
USSC’s juvenile sentencing ruling in <EM>Miller</EM> constitutes a new substantive rule of constitutional law and, thus, applies retroactively to criminal cases on collateral review. |
Juveniles |
|
Apr. 19, 2015 | |
14-55671
|
In Re A.L.C; E.R.S.C.
Order |
|
Apr. 19, 2015 | ||
13-35464
|
Tulalip Tribes of Washington v. State of Washington
Most-favored tribe clause does not permit tribe to cherry-pick terms that the State did not agree to and which did not match other tribe’s compact. |
Gaming |
|
Apr. 19, 2015 | |
E057790
|
Pasternack v. McCullough
Attorney successfully defeats malicious prosecution action where complainant failed to show underlying action terminated in his favor. |
Civil Procedure |
|
Apr. 19, 2015 | |
B244989
|
People v. Spicer
Prosecution could properly bring murder charge against defendant years after he was convicted of receiving murder victim’s stolen car without implicating double jeopardy under ‘unavailable evidence’ exception. |
Criminal Law and Procedure |
|
Apr. 19, 2015 |