Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
G056050
|
Landau v. Superior Court
Sexually Violent Predator Act was amended to allow district attorneys the explicit authority to subpoena a sexually violent predator's otherwise confidential medical records; thus, petitioner's motion to quash subpoena properly denied. |
statutory_interpretation |
|
E. Moore | Mar. 11, 2019 |
A148464
|
Boschetti v. Pacific Bay Investments Inc.
California courts lack jurisdiction to order dissolution of foreign state LLC's and LP's when the controlling foreign state's laws do not provide for compulsory buyout rights. |
statutory_interpretation |
|
A. Tucher | Mar. 11, 2019 |
B285062
|
People v. Joseph
Filing a false CHP-180 form violates Vehicle Code Section 10501(a) and commonly results in violation of Penal Code Section 118, so the specific Section 10501(a) preempts the general Section 118. |
statutory_interpretation |
|
C. Moor | Mar. 7, 2019 |
17-70415
|
Iopa v. Saltchuk-Young Brothers
Excusable neglect analysis is proper when evaluating an untimely petition for attorney's fees under the Longshore Act, and a lack of excusable neglect provides grounds to strike untimely petitions. |
statutory_interpretation |
|
P. Curiam (9th Cir.) | Mar. 5, 2019 |
A151264
|
Design Built Systems v. Sorokine
Establishing a violation of Internal Revenue Code Section 7434 requires showing a filed information report was willfully fraudulent, rather than merely erroneous. |
statutory_interpretation |
|
J. Richman | Mar. 1, 2019 |
B283025
|
MDQ, LLC v. Gilbert, Kelly, Crowley & Jennett LLP
Security interests and security agreements in personal property are governed by the UCC, and priority of conflicting interests is determined by timing of filing or perfection. |
statutory_interpretation |
|
E. Grimes | Mar. 1, 2019 |
S240397
|
In re J.G.
Courts may consider supplemental income benefits when determining one's ability to pay restitution, but factors including future earning capacity, current financial situation, and total amount ordered should also be considered. |
statutory_interpretation |
|
M. Chin | Feb. 26, 2019 |
A155089
|
Darrin v. Miller
Under the Elder Abuse Act, 'other treatment' can constitute elder abuse if it results in 'physical harm or pain or mental suffering' even if there is no special relationship between the parties. |
statutory_interpretation |
|
M. Miller | Feb. 25, 2019 |
B284553
|
Sturm v. Moyer
The UFTA may apply to premarital contracts providing that earnings, income and property acquired during marriage would be separate property, depending upon whether actual or constructive fraud occurred. |
statutory_interpretation |
|
T. Willhite | Feb. 20, 2019 |
S242799
|
Meza v. Portfolio Recovery Associates, LLC
California Code of Civil Procedure Section 98(a) does not categorically require affiants be personally present for service at an address within 150 miles of the place of trial. |
statutory_interpretation |
|
T. Cantil-Sakauye | Feb. 19, 2019 |
B284932
|
Dondlinger v. L.A. County Regional Park
A statute, such as Public Resources Code Section 5566, meets the uniformity requirement when it does not require a uniform 'effect' or 'outcome', but rather uniform application of the statute. |
statutory_interpretation |
|
V. Chaney | Feb. 4, 2019 |
F072990
|
Mikkelsen v. Hansen
Based upon the broad language used by the Legislature when writing Civil Code Section 1009, Section 1009(b) bars both implied-in-fact dedications and implied-in-law dedications of private noncoastal property. |
statutory_interpretation |
|
J. Detjen | Jan. 11, 2019 |
B282944
|
Acco Engineered Systems v. Contractors' St. License Bd.
Trial court correctly concludes that the 'willfulness' requirement for a permit violation under the Business and Professions Code is properly interpreted to require only a general intent to violate. |
statutory_interpretation |
|
C. Moor | Dec. 18, 2018 |
14-56834
|
Marks v. Crunch San Diego
TCPA's definition of automated dialing system not 'limited to devices with the capacity to call numbers produced by a random number generator, but also includes devices capable of dialing stored numbers automatically,' and which might involve some human interaction. |
statutory_interpretation |
|
S. Ikuta | Sep. 21, 2018 |
D074405
|
Pease v. Zapf
Application of a term limit provision caps number of terms incumbent may serve but does not preclude candidate from running for third term where redistricting resulted in her serving in two different districts over first two terms. |
statutory_interpretation |
|
J. Haller | Aug. 21, 2018 |
S239397
|
National Shooting Sports Foundation, Inc. v. State of California
A trial court did not err when it declared Penal Code Section 31910(b)(7)(A) unenforceable when the court found that complying with the statute is impossible. |
statutory_interpretation |
|
G. Liu | Jun. 29, 2018 |
17-530
|
Wisconsin Central Ltd. v. U.S.
Employee stock options are not taxable 'money remuneration' under Railroad Retirement Tax Act of 1937. |
statutory_interpretation |
|
N. Gorsuch | Jun. 22, 2018 |
E065751
|
Kaura v. Stabilis Fund II, LLC
Fee-shifting statute allowing for attorney fee award where agency 'appoints' receiver is improper basis for attorney fee award where agency merely modifies existing receivership. |
statutory_interpretation |
|
M. Ramirez | Jun. 14, 2018 |
C076828
|
Gund v. County of Trinity
Plaintiffs who respond to 911 call of uncertain nature at county sheriff's request are engaged in active law enforcement and are entitled to exclusive remedy of workers' compensation. |
statutory_interpretation |
|
H. Hull | Jun. 6, 2018 |
16-15481
|
Heavenly Hana v. Hotel Union & Hotel Industry
A company assumes the unpaid withdrawal liability of its predecessor to a multiemployer pension plan if it was on constructive notice of potential withdrawal liability. |
statutory_interpretation |
|
S. Thomas | Jun. 4, 2018 |
H042852
|
Huff v. Securitas Security Services USA, Inc.
Employee seeking penalties for Labor Code violations under PAGA representative action may pursue penalties for all violations if employee was affected by at least one Labor Code violation. |
statutory_interpretation |
|
A. Grover | May 29, 2018 |
S230051
|
Facebook Inc. v. Superior Court (Hunter)
Communications configured by social media users to be public fall within Stored Communication Act's 'lawful consent' exception, presumptively allowing social media provider to disclose such communication. |
statutory_interpretation |
|
T. Cantil-Sakauye | May 25, 2018 |
S235556
|
People v. Ruiz
Fees imposed under Penal Code Section 182 (a) on conviction for 'conspiracy' to commit crime affirmed where fees constitute punishment pursuant to Legislature's intent. |
statutory_interpretation |
|
M. Chin | May 18, 2018 |
A149918
|
Reilly v. Marin Housing Authority
In-Home Supportive Services compensation does count as income for purposes of calculating rent subsidies for tenants under Section 8 of the Housing Choice Voucher Program that HUD administers. |
statutory_interpretation |
|
A. Tucher | May 17, 2018 |
B275295
|
Charles v. Sutter Home Winery, Inc.
'Safe harbor' warning prescribed by agency requiring wine sellers to note product may increase cancer risk or cause birth defects meets standard of Prop 65; no additional warning re: inorganic arsenic required under the regulatory scheme. |
statutory_interpretation |
|
N. Epstein | May 11, 2018 |
S237602
|
People v. Adelmann
Resentencing petition must be filed in original sentencing court even where probationary transfer has taken place. |
statutory_interpretation |
|
C. Corrigan | May 11, 2018 |
F073151
|
Davis v. County of Fresno
Attachments that are part of report that must be disclosed under PROBA must also be disclosed where attachments further statute’s purpose. |
statutory_interpretation |
|
D. Franson | May 7, 2018 |
G054563
|
Hernandez v. Rancho Santiago Community College Dist.
Long-time employee terminated by a school district while she was on an approved medical leave to heal from a work-related injury, was effectively denied reasonable accommodation for her known physical disability, a violation of the California Fair Employment and Housing Act. |
statutory_interpretation |
|
E. Moore | May 7, 2018 |
B282111
|
Modification: Hedwall v. PCMV, LLC
Second amended cross-complaint filed without court leave is properly stricken under Code of Civil Procedure Section 472(a) where section's provision allowing amendment to pleading without leave applies only to original cross-complaint and complaint. |
statutory_interpretation |
|
N. Manella | Apr. 27, 2018 |
16-499
|
Jesner v. Arab Bank, PLC
Alien Tort Statute does not extend to suits against foreign corporations |
statutory_interpretation |
|
A. Kennedy | Apr. 25, 2018 |