Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
S218755
|
People v. Klatt
Order |
|
Jul. 18, 2014 | ||
G048880
|
Brand v. Hyundai Motor America
Customer may sue Hyundai dealership for breach of implied warranty, after new car’s sunroof opened and closed on its own while he drove, creating safety hazard. |
Business Law |
|
Jul. 17, 2014 | |
A136116
|
People v. Fiore
Man’s conviction for robbery of marijuana seller's acquaintance, who was present during drug deal, is improper, because he did not own or possess the marijuana. |
Criminal Law and Procedure |
|
Jul. 17, 2014 | |
S218497
|
Centinela Freeman Emergency Medical Associates v. Health Net of California
Order |
|
Jul. 17, 2014 | ||
H039309
|
People v. Povio
Defendant does not forfeit challenge to probation supervision fee based on inability to pay by failing to object when trial court imposed fee. |
Criminal Law and Procedure |
|
Jul. 17, 2014 | |
12-71523
|
WildEarth Guardians v. U.S. EPA
Environmental group loses challenge to EPA’s approval of plan for changes at generating station and to improve visibility conditions in Nevada wilderness area. |
Environmental Law |
|
Jul. 17, 2014 | |
H038973
|
Rodriguez v. City of Santa Cruz
Trial court must apply independent judgment standard when reviewing denial of police officer’s application for disability retirement based on posttraumatic stress disorder. |
Employment Law |
|
Jul. 17, 2014 | |
H038826
|
Conservatorship of G.H.
Public guardian may not seek denial of evidentiary hearing as sanction for allegedly disabled man’s refusal to submit to mental examination, absent court-ordered exam. |
Conservatorship |
|
Jul. 17, 2014 | |
D061267
|
Peake v. Underwood
Trial court properly sanctions home buyer, who filed claims against real estate agent after discovering water damage to house, when she knew those claims had no valid basis. |
Real Property |
|
Jul. 17, 2014 | |
C066929
|
People v. Saetern
Juvenile offender’s 100-year-to-life sentence is not unlawful in light of new law entitling him to ‘youth offender parole hearing’ after 25 years of incarceration. |
Juveniles |
|
Jul. 17, 2014 | |
B253327
|
Velasquez v. Superior Court (People)
Intoxicated fixed gear bicyclist, who severely injured pedestrian while biking downhill, may be charged with recklessly driving a ‘vehicle.’ |
Criminal Law and Procedure |
|
Jul. 17, 2014 | |
H037404
|
People v. Dowdell
Girlfriend fails to overturn kidnapping-related convictions although court mistakenly denied her request for instructions concerning battered woman syndrome. |
Criminal Law and Procedure |
|
Jul. 17, 2014 | |
G047495
|
Hasso v. Hapke
Investment groups are not liable for fraudulent conveyance based on exercise of ‘unwinding’ option in contribution agreement where option was clearly documented. |
Securities |
|
Jul. 16, 2014 | |
12-99002
|
Pizzuto v. Blades
Order |
|
Jul. 16, 2014 | ||
09-17678
|
Merritt v. Countrywide Financial Corp.
Homeowners may sue lender for rescission under Truth in Lending Act without including allegations that they tendered rescindable value of loan or were able to do so. |
Real Property |
|
Jul. 16, 2014 | |
09-36008
|
Van der hule v. Holder
Former felon whose civil rights were restored after serving 25-year Montana sentence for sex crimes is barred under federal law from possessing a firearm. |
Civil Rights |
|
Jul. 16, 2014 | |
12-16430
|
Police Retirement System of St. Louis v. Intuitive Surgical Inc.
Purchasers of robotic device company’s stock cannot maintain securities fraud action based on its forward-looking statements or garden-variety corporate optimism. |
Securities |
|
Jul. 16, 2014 | |
A140118
|
Anthony S., a Minor
Juvenile offender must pay assault victim's medical expenses, even if hospital determined victim was indigent and that debt could not be collected. |
Juveniles |
|
Jul. 16, 2014 | |
B252222
|
In re Greenshields
Persons who are found not guilty by reason of insanity have right to refuse antipsychotic medications, unless court finds that they are incompetent or dangerous. |
Criminal Law and Procedure |
|
Jul. 15, 2014 | |
B247174
|
Ulkarim v. Westfield LLC
Mall owner may not dismiss tenant's action under anti-SLAPP statute when underlying claim, triggered by service of notice, challenged owner's decision to terminate lease. |
Real Property |
|
Jul. 15, 2014 | |
C073731
|
People v. Elder
Inmate may not recall indeterminate life sentence, given that he was considered 'armed' when he committed offense of unlawful gun possession while being a felon. |
Criminal Law and Procedure |
|
Jul. 15, 2014 | |
12-15743
|
E.M. v. Pajaro Valley Unified School District Office of Administrative Hearings
School district may deny special education to student with hearing disorder where testing did not reveal severe discrepancy between his ability and achievement. |
Education |
|
Jul. 15, 2014 | |
G048501
|
Lee v. Hanley
Client may continue action against attorney for return of fees, although she sued after one-year limitations period governing misconduct in performance of legal services. |
Attorneys |
|
Jul. 15, 2014 | |
C073339
|
People v. Bradford
Three Strikes inmate is eligible for resentencing relief where his commitment offense involved possession of wire cutters, which he did not use as weapon. |
Criminal Law and Procedure |
|
Jul. 15, 2014 | |
A138440
|
Light v. State Water Resources Control Board
State Water Resources Control Board has authority to enact regulations restricting commercial use of Russian River water by agriculturalists to protect endangered salmon. |
Environmental Law |
|
Jul. 14, 2014 | |
G049626
|
People v. Speight
Attorney renders ineffective assistance by failing to raise cruel and unusual punishment at sentencing of defendant who was a juvenile when he committed attempted murder. |
Juveniles |
|
Jul. 14, 2014 | |
14-90084
|
In re Complaint of Judicial Misconduct
Order |
|
Jul. 14, 2014 | ||
S204804
|
Peabody v. Time Warner Cable Inc.
Employers may not attribute commissioned wages paid in one pay period to different pay period to satisfy California’s overtime and minimum wage requirements. |
Employment Law |
|
Jul. 14, 2014 | |
12-15103
|
Garrison v. Colvin
Administrative law judge improperly upholds denial of disability benefits by discrediting applicant’s testimony regarding daily debilitating pain, despite medical records. |
Administrative Agencies |
|
Jul. 14, 2014 | |
12-56623
|
Flores v. County of Los Angeles
Woman who was allegedly sexually assaulted by police officer fails to show inadequate training because there was no pattern of assaults by officers, who swore to uphold law. |
Civil Rights |
|
Jul. 14, 2014 |