| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
14-56483
|
Sierra Medical Services Alliance v. Kent
Regulation requiring voluntary private ambulance company to provide emergency services in exchange for pre-determined reimbursement does not amount to regulatory taking. |
Constitutional Law |
|
R. Gilman | Mar. 7, 2018 |
|
D073054
|
In re White
Petition for writ ordering court to vacate order denying bail denied where clear, convincing evidence shows substantial likelihood that release of defendant would cause others great bodily harm. |
Criminal Law and Procedure |
|
P. Benke | Mar. 7, 2018 |
|
C075866
|
Northern California Water Association v. State Water Resources Control Board
A regulatory fee is not an unconstitutional tax if it does not exceed the reasonable cost of providing the services for which the fee is charged |
Water Rights |
|
C. Blease | Mar. 6, 2018 |
|
B275388
|
DD Hair Lounge v. State Farm General Insurance Co.
2016 amendment to Corporations Code Section 17707.06 allowing LLCs to retain power over actions relating to discharge obligations upon certificate of cancellation applies retroactively to 2014 certificate. |
statutory_interpretation |
|
Mar. 6, 2018 | |
|
B278092
|
California DUI Lawyers Association v. California Department of Motor Vehicles
CDLA has taxpayer standing to challenge the DMV's system of administrative hearings as to DUI arrestee license suspensions, in which DMV officers act as both advocates and triers of fact. |
Constitutional Law |
|
A. Collins | Mar. 6, 2018 |
|
E063769
|
In re Marriage of Cassinelli
Under 'Howell' a state court cannot order a veteran to indemnify a divorced spouse for loss caused by the veteran's waiver of retirement benefits |
Family Law |
|
M. Ramirez | Mar. 6, 2018 |
|
141, Orig
|
Texas v. New Mexico
United States may pursue compact claims against state where SCOTUS permits such action to allow U.S. to defend ‘distinctively federal interests.’ |
Government |
|
Mar. 6, 2018 | |
|
15-1509
|
U.S. Bank N.A. v. Village at Lakeridge, LLC
'Clear error' standard rightly applied by appellate court where mixed question of law and fact requires lower court to 'immerse' itself in case-specific factual issues. |
Bankruptcy |
|
E. Kagan | Mar. 6, 2018 |
|
15-1205
|
Shanahan v. Lora
Order |
|
Mar. 6, 2018 | ||
|
17-647
|
Knick v. Scott, PA
Order |
|
Mar. 6, 2018 | ||
|
17-6086
|
Gundy v. U.S.
Order |
|
Mar. 6, 2018 | ||
|
S236208
|
Heller Ehrman LLP v. Davis Wright Tremaine LLP
Dissolved law firm maintains no property interest in legal matters handled on hourly basis at time of firm's dissolution. |
Attorneys |
|
M. Cuéllar | Mar. 6, 2018 |
|
S097558
|
People v. Garton
Confrontation clause error falling within meaning of 'Crawford v. Washington' error is harmless beyond reasonable doubt where defendant is not prejudiced by testimonial hearsay. |
Criminal Law and Procedure |
|
G. Liu | Mar. 6, 2018 |
|
S232607
|
Alvarado v. Dart Container Corp. of California
To determine rate of overtime pay, a flat sum bonus must be factored into regular pay rate via dividing bonus by nonovertime hours actually worked |
Labor Law |
|
M. Chin | Mar. 6, 2018 |
|
15-10566
|
U.S. v. Adkins
Federal jury instructions that do not include state definition of 'knowingly' are error, but harmless because record was clear as to defendant's guilt. |
Criminal Law and Procedure |
|
D. Nelson | Mar. 6, 2018 |
|
A145487
|
Brown v. California Unemployment Insurance Appeals Board
Civil Code of Procedure Section 3289(b)’s 10 percent interest rate applies to finding of improperly withheld unemployment benefits where employee has right to unemployment benefits. |
Civil Procedure |
|
T. Reardon | Mar. 5, 2018 |
|
A148548
|
People v. Rhinehart
A probation condition is constitutionally vague if people of common intelligence would differ as to its application |
Constitutional Law |
|
P. Siggins | Mar. 5, 2018 |
|
A147554
|
Herterich v. Peltner
The litigation privilege applies to probate matters where false and misleading statements were made in furtherance of litigation |
probate_and_trusts |
|
R. Dondero | Mar. 5, 2018 |
|
16-30299
|
U.S. v. Studhorse
Attempted first degree murder conviction is proper basis for deeming defendant violent felon under 18 U.S.C. Section 16. |
Criminal Law and Procedure |
|
M. Smith | Mar. 5, 2018 |
|
F073398
|
Leyva v. Garcia
Where defendant shows causation is uncertain and plaintiff offers no further evidence, summary judgment in negligence proper as causation element 'remained an unknown matter.' |
Torts |
|
R. Peña | Mar. 5, 2018 |
|
A152607
|
Medical Board of California v. Superior Court
Accusation, notice of default, and revocation of doctor's license done through certified mail without return receipt required represents sufficient service. |
Civil Procedure |
|
S. Pollak | Mar. 5, 2018 |
|
B282911
|
People v. Aledamat
Where trial court allows legally incorrect jury instruction, reversal required unless record shows jury relied on legally sound instruction in reaching its conviction. |
Criminal Law and Procedure |
|
B. Hoffstadt | Mar. 5, 2018 |
|
B279275
|
Sakai v. Massco Investments, LLC
Intervening conduct by a third party that is not a likely hazard which causes injury is unforeseeable under 'Rowland' |
Torts |
|
J. Johnson | Mar. 5, 2018 |
|
E069569
|
W.P. v. Superior Court
Welfare & Institutions Code statute allowing court to discontinue family reunification services misapplied where statute requires sibling group remain intact, but court had split them. |
Juveniles |
|
A. McKinster | Mar. 5, 2018 |
|
14-56755
|
Lusnak v. Bank of America
Dodd-Frank provision providing for 'applicable state laws' requiring escrow account interest be paid indicates that state law so requiring is not preempted. |
statutory_interpretation |
|
J. Nguyen | Mar. 5, 2018 |
|
G052735
|
Weiss v. People ex rel. Department of Transportation
Statute applicable exclusively to eminent domain actions cannot be imported into body of inverse condemnation law in view of policy against case-dispositive motions in limine. |
Civil Procedure |
|
R. Aronson | Mar. 5, 2018 |
|
E067604
|
In re M.A.
Collateral estoppel precludes court from reconsidering biological father's status as 'Kelsey S' father. |
Family Law |
|
D. Miller | Mar. 2, 2018 |
|
B270268
|
Bel Air Internet, LLC v. Morales
Special motion to strike may be supported purely by fact that allegations in complaint target protected activity. |
Anti-SLAPP |
|
E. Lui | Mar. 2, 2018 |
|
B280273
|
Khorsand v. Liberty Mutual Fire Insurance Co.
Appraiser's declaration admissible under 'Cobler' to determine whether award procured by fraud or other undue means |
Arbitration |
|
N. Manella | Mar. 2, 2018 |
|
15-16849
|
Amended Opinion: Shaibi v. Berryhill
Claimant must raise issue of accuracy of vocational expert's job estimates during administrative proceedings to preserve challenge on appeal; claimant's failure to do so constitutes waiver. |
Administrative Agencies |
|
M. Berzon | Mar. 2, 2018 |