Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
D072019
|
People v. Megown
Defendant's uncharged prior acts of domestic violence were admissible under Evidence Code Section 1109 with respect to cohabitant's mother because cohabitant was present; thus, the circumstances of these crimes involved domestic violence. |
Evidence |
|
G. Nares | Oct. 15, 2018 |
E068135
|
People v. Gutierrez
Trial court did not err by allowing the prosecution to impeach defendant with evidence that he took a car without the owner's permission because it was conduct involving moral turpitude. |
Evidence |
|
M. Ramirez | Oct. 11, 2018 |
B284738
|
Shenouda v. Veterinary Med. Bd.
Appellant failed to identify the factual findings he was challenging and provided few citations to the administrative record to support his argument; thus he forfeited his assignment of error. |
Evidence |
|
T. Willhite | Sep. 25, 2018 |
B284725
|
Modification: People v. Banda
Pursuant to Health and Safety Code 11361.8(b), in a petition for relief for persons with prior marijuana convictions, the court could consider evidence beyond the record of conviction. |
Evidence |
|
L. Zelon | Sep. 20, 2018 |
A149660
|
Coyne v. De Leo
A tenant who believes the landlord's invocation of the Ellis Act is phony may controvert the landlord's statement of intent by producing evidence of an alleged sham purchase contract and deed of trust. |
Evidence |
|
T. Bruiniers | Aug. 30, 2018 |
B284725
|
People v. Banda
Pursuant to Health and Safety Code 11361.8(b), in a petition for relief for persons with prior marijuana convictions, the court could consider evidence beyond the record of conviction. |
Evidence |
|
L. Zelon | Aug. 22, 2018 |
16-50227
|
U.S. v. Fomichev
'Sham marriage' exception improperly invoked to deny defendant's suppression motion based on marital communications privilege, where government placed wire on wife of suspected immigration fraudster. |
Evidence |
|
M. Christen | Aug. 9, 2018 |
d072015
|
Belfiore-Braman v. Rotenberg
Trial court does not err in precluding expert testimony on causation where it is 'too speculative' to present to the jury. |
Evidence |
|
R. Huffman | Jul. 16, 2018 |
C081267
|
People v. Williams
23-year-old conviction improperly admitted to prove defendant's intent in present-day murder case, where facts and defendant's motivation are meaningfully different in earlier case. |
Evidence |
|
E. Duarte | May 17, 2018 |
D072287
|
Apple Inc. v. Superior Court
Traditional admissibility of expert evidence standard applies to expert opinion evidence given in support of motion for class certification. |
Evidence |
|
T. O'Rourke | Jan. 31, 2018 |
A141377
|
Patricia A. Murray Dental Corp. v. Dentsply International, Inc.
Evidence supports ruling that class of dentists were not likely to be misled by sued-over directions on medical device. |
Evidence |
|
T. Reardon | Jan. 12, 2018 |
15-50538
|
U.S. v. Diaz
Expert testimony not impermissible legal opinion where expert's terms have no specialized legal meaning and do not 'instruct the jury on law or how to apply law.' |
Evidence |
|
M. Christen | Dec. 7, 2017 |
B269034
|
People v. Gallardo
It is prejudicial error to admit into evidence a co-defendant's statement made against their penal interest inculpating other co-defendants where close evidentiary questions otherwise exist. |
Evidence |
|
L. Zelon | Dec. 7, 2017 |
15-56062
|
City of Pomona v. SQM North America Corp.
In action alleging contamination of water supply, city wins new trial due to district court’s abuse of discretion with respect to both admission and exclusion of experts’ testimony. |
Evidence |
|
J. Wallace | Aug. 8, 2017 |
A149087
|
IAR Systems Software Inc. v. Superior Court (Shehayed)
Trial court errs in finding law firm representing crime victim is part of prosecution team for purposes of 'Brady' disclosure requirements. |
Evidence |
|
Jun. 6, 2017 | |
14-16321
|
Wendell v. GlaxoSmithKline LLC
In case alleging defendants' drugs caused rare cancer, district court errs in excluding plaintiffs' expert testimony as unreliable. |
Evidence |
|
Jun. 4, 2017 | |
B272225
|
Behunin v. Superior Court (Schwab)
Communications between PR firm hired by lawyer for client to create website not privileged by attorney-client relationship, as website was not essential to lawyer's representation of client. |
Evidence |
|
Mar. 16, 2017 | |
14-10004
|
U.S. v. Lindsey
Evidence of broad industry standards pertaining to mortgage applications with false financial information may be introduced to challenge materiality of such information in wire fraud case. |
Evidence |
|
Feb. 28, 2017 | |
F069843
|
Sanchez v. Kern Emergency Medical Transportation Corp.
Summary judgment in favor of ambulance company affirmed, where plaintiff's expert witness' statements properly excluded and plaintiff cannot demonstrate triable issue of material fact. |
Evidence |
|
Feb. 17, 2017 | |
F069843
|
Sanchez v. Kern Emergency Medical Transportation Corp.
Summary judgment in favor of ambulance company affirmed, where plaintiff's expert witness' statements properly excluded and plaintiff cannot demonstrate triable issue of material fact. |
Evidence |
|
Feb. 6, 2017 | |
A142424
|
People v. Stamps
Expert testimony identifying drug through online comparison inadmissible hearsay under 'People v. Sanchez.' |
Evidence |
|
Oct. 31, 2016 | |
14-55644
|
Estate of Diaz v. City of Anaheim
Gang membership and drug use of man shot by officer has no bearing on officer's liability, meriting liability and damages bifurcation in civil trial. |
Evidence |
|
Oct. 27, 2016 | |
C073064
|
Moore v. Mercer
Trial court has discretion to exclude evidence of amount medical finance company pays for lien where evidence is minimally probative and requires litigation of collateral issues. |
Evidence |
|
Oct. 23, 2016 | |
A141500
|
Nicodemus v. Saint Francis Memorial Hospital
Certification of class action erroneously denied where, contrary to trial court's finding, proposed class members were ascertainable from data set provided by records services provider. |
Evidence |
|
Oct. 6, 2016 | |
A142424
|
People v. Stamps
Expert testimony identifying drug through online comparison inadmissible hearsay under 'People v. Sanchez.' |
Evidence |
|
Oct. 3, 2016 | |
14-16340
|
Draper v. Rosario
Prohibition against improper vouching for witness credibility by counsel extends to civil cases, however, review finds no plain error meriting reversal for comments regarding sanctions for perjury. |
Evidence |
|
Sep. 7, 2016 | |
14-55644
|
Estate of Diaz v. City of Anaheim
Gang membership and drug use of man shot by officer has no bearing on officer's liability, meriting liability and damages bifurcation in civil trial. |
Evidence |
|
Aug. 25, 2016 | |
D068579
|
Christ v. Schwartz
Admission of evidence of husband's infidelity does not warrant reversal where entire personal injury case rested upon wife's credibility, which jury rejected. |
Evidence |
|
Aug. 15, 2016 | |
15-35434
|
In re Grand Jury Subpoena
Grand jury subpoena failing to differentiate between private and public emails is overly broad, violative of Fourth Amendment privacy rights. |
Evidence |
|
Jul. 14, 2016 | |
B268621
|
Gerner v. Superior Court (Department of Consumer Affairs)
Psychiatrist properly invoked psychotherapist-patient privilege in wake of subpoena seeking patient's treatment records, resulting in writ of mandate to vacate order compelling disclosure. |
Evidence |
|
Jul. 11, 2016 |