Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
12-10255
|
U.S. v. Guillen-Cervantes
Smuggler who illegally transported immigrants into U.S. does not have right to seek contribution from co-conspirator to pay forfeiture judgment. |
Criminal Law and Procedure |
|
Mar. 31, 2014 | |
12-15066
|
Ventress v. Japan Airlines
Flight engineer may not sue Japan Airlines for firing him for raising safety concerns, because Federal Aviation Act prohibits state law claims related to aviation safety. |
Employment Law |
|
Mar. 31, 2014 | |
C071233
|
People v. Durst
Arsonist’s confession may be used at trial, although police did not read ‘Miranda’ rights before interview, because he knew he was free to leave. |
Criminal Law and Procedure |
|
Mar. 31, 2014 | |
12-10628
|
U.S. v. Vargem
Trial court may not increase sentence for having illegal machine gun based on protective order, which was issued against defendant without notice or hearing. |
Criminal Law and Procedure |
|
Mar. 31, 2014 | |
G048087
|
S.F., a Minor
Marijuana found in 17-year-old’s room cannot be used as evidence, because police officers’ initial arrest for carrying felt-tip marker lacked probable cause. |
Juveniles |
|
Mar. 28, 2014 | |
H039915
|
People v. Morales
Court of Appeal must hear case, rather than appellate division of superior court, where defendant was originally charged with felony, which she later pleaded down. |
Criminal Law and Procedure |
|
Mar. 28, 2014 | |
A138568
|
Mata v. Pacific Gas and Electric Co.
Heirs of tree trimmer, who died when electrocuted by PG&E power line, do not have to file claim for failure to safely maintain power line with California PUC. |
Torts |
|
Mar. 28, 2014 | |
S216351
|
Greater Los Angeles Agency on Deafness v. Cable News Network
Order |
|
Mar. 28, 2014 | ||
S216139
|
People v. Martin
Order |
|
Mar. 28, 2014 | ||
S216445
|
People v. Miller
Order |
|
Mar. 28, 2014 | ||
S205057
|
Batie (John L.) on H.C.
Order |
|
Mar. 28, 2014 | ||
S206928
|
People v. Black
Trial court does not violate defendant's rights by wrongly forcing him to use peremptory challenges to remove biased jurors, because jury was ultimately fair. |
Criminal Law and Procedure |
|
Mar. 28, 2014 | |
S215914
|
People v. Moran
Order |
|
Mar. 28, 2014 | ||
12-55278
|
Rouse v. Wachovia Mortgage FSB
Wells Fargo may remove California citizens’ lawsuit to federal court based on federal ‘diversity of citizenship’ where its main office was not in California. |
Civil Procedure |
|
Mar. 28, 2014 | |
12-35461
|
Mayes v. Premo
Trial court's credit to prosecution’s race-neutral explanations for striking black potential jurors is not objectively unreasonable based on comparative analysis. |
Criminal Law and Procedure |
|
Mar. 28, 2014 | |
H039416
|
People v. Marinelli
After successfully completing three years of probation, man who pleaded nolo contendere to attempted sex offenses may seek to expunge his plea. |
Criminal Law and Procedure |
|
Mar. 28, 2014 | |
H039404
|
People v. Friday
Trial court may not impose probation condition requiring sex offender to waive ‘any privilege against self-incrimination’ as part of sex offender treatment program. |
Criminal Law and Procedure |
|
Mar. 28, 2014 | |
B243800
|
In re Transient Occupancy Tax Cases
San Diego’s transient occupancy tax does not apply to online travel companies, because their service fees and markups did not constitute rent. |
Taxation |
|
Mar. 28, 2014 | |
H039498
|
City of San Jose v. Superior Court (Smith)
Communications made by public employees through their private electronic devices are not ‘public records’ that must be made available to the public. |
Government |
|
Mar. 28, 2014 | |
E054926
|
People v. Dubose
Although jury properly convicts youth offenders of torture for beating group home counselor to death, trial court must reconsider whether LWOP is appropriate. |
Criminal Law and Procedure |
|
Mar. 27, 2014 | |
B251861
|
Marriage of Metzger
Family court may appoint minor’s counsel to determine child’s best interest without violating father’s right to decide who may associate with his daughter. |
Family Law |
|
Mar. 27, 2014 | |
12-1371
|
U.S. v. Castleman
Father who caused ‘bodily injury’ to mother of his child may not possess firearm, because his conviction was for a misdemeanor crime of domestic violence. |
Criminal Law and Procedure |
|
Mar. 27, 2014 | |
11-35517
|
Organized Village of Kake v. U.S. Dept. of Agriculture
USDA properly changes its rules to exempt Alaska's Tongass National Forest from Roadless Rule based on need to end ongoing federal litigation. |
Environmental Law |
|
Mar. 27, 2014 | |
B246250
|
People v. Petrovic
Sex offender is guilty of posessing child pornography on his computer, even if he did not realize that images were stored in computer's temporary Internet files. |
Criminal Law and Procedure |
|
Mar. 27, 2014 | |
B247106
|
Pielstick v. MidFirst Bank
Property owner is not entitled to voluntarily dismiss his complaint so he could refile because trial already started at demurrer hearing, making it untimely. |
Civil Procedure |
|
Mar. 27, 2014 | |
B242288
|
Soni v. Welllmike Enterprise Co. Ltd.
Law firm may not recover attorney fees after winning case against former client because firm was represented by its own associates, not independent contractors. |
Attorneys |
|
Mar. 27, 2014 | |
H038713
|
Cansino v. Bank of America
Homeowners may not sue lenders for convincing them to refinance by appraising their home and predicting that its value would increase. |
Real Property |
|
Mar. 27, 2014 | |
A137975
|
Scott v. Ford Motor Co.
Mesothelioma victim may retry punitive damages claim against Ford Co. after California trial court incorrectly applied Michigan law, which bars such damages. |
Torts |
|
Mar. 27, 2014 | |
A136769
|
City of Oakland v. Oakland Police and Fire Retirement System
City of Oakland may not reduce retirement benefits by lowering compensation for ‘holiday pay,’ the excess pay employees receive for working holidays. |
Employment Law |
|
Mar. 27, 2014 | |
D062659
|
People v. Garcia
Two burglary convictions are proper where burglar robbed victim inside store at gunpoint, before sexually assaulting her in store’s bathroom. |
Criminal Law and Procedure |
|
Mar. 27, 2014 |