| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
17-6075
|
Tharpe v. Sellers
Opinion |
|
Jan. 8, 2018 | ||
|
A147478
|
In re K.J.
Detainment and search of a student on a public school campus is reasonable under the Fourth Amendment where the detention is not arbitrary, capricious, or for the purpose of harassment. |
Juveniles |
|
T. Reardon | Jan. 5, 2018 |
|
B276871
|
Modification: Gonzalez v. City of Norwalk
Sustained demurrer affirmed where city ordinance applies existing, approved tax and thereby does not 'impose, extend, or increase taxes' without voter approval. |
Municipal Law |
|
Jan. 5, 2018 | |
|
16-16663
|
Ortega Melendres v. Penzone
Order |
|
Jan. 5, 2018 | ||
|
15-35960
|
Animal Legal Defense Fund v. Wasden
Provision prohibiting video and audio recording of conduct of agricultural facility's operations struck down where provision regulates speech protected by First Amendment and fails to survive strict scrutiny. |
Constitutional Law |
|
M. McKeown | Jan. 5, 2018 |
|
E061677
|
Arave v. Merrill Lynch, Pierce, Fenner & Smith Inc.
Award of attorney fees to defense reversed where court fails to find claim frivolous. |
Labor Law |
|
M. Slough | Jan. 4, 2018 |
|
16-70225
|
Calderon-Rodriguez v. Sessions
Board of Immigration Appeals affirmation of Immigration Judges competency determination remanded where IJ fails to ensure that Department of Homeland Security provides court with relevant materials regarding respondents competency. |
Immigration |
|
M. Berzon | Jan. 4, 2018 |
|
15-15873
|
Italian Colors Restaurant v. Becerra
Statute preventing collection of credit card surcharges unconstitutional restriction of speech, as applied to group of California businesses. |
Civil Rights |
|
S. Vance | Jan. 4, 2018 |
|
14-36103
|
Kramer v. Cullinan
A public official is entitled to qualified immunity where publicly-available information regarding an employee's termination did not constitute liberty deprivation under the Fourteenth Amendment. |
Qualified Immunity |
|
J. Rawlinson | Jan. 4, 2018 |
|
B278642
|
Kim v. Reins International California, Inc.
Order granting summary adjudication on PAGA claim for lack of standing affirmed where plaintiff who voluntarily dismisses individual claims is not aggrieved employee under PAGA. |
Labor Law |
|
A. Collins | Jan. 3, 2018 |
|
C081673
|
Conservatorship of Lee C.
Order compelling conservatorship investigator to petition for Murphy conservatorship and disqualifying counsel for resisting order vacated and remanded where court is unauthorized to make such order. |
Criminal Law and Procedure |
|
E. Duarte | Jan. 3, 2018 |
|
A152296
|
Davis v. Superior Court
Original waiver of preliminary hearing time limit does not preclude defendant from asserting right for preliminary hearing within 10 court days after charges are reinstated after competency hearings. |
Criminal Law and Procedure |
|
M. Miller | Jan. 3, 2018 |
|
14-16161
|
Ibrahim v. Department of Homeland Security
Order |
|
Jan. 3, 2018 | ||
|
15-99013
|
Apelt v. Ryan
District court's order granting habeas petition for ineffective counsel over state court's finding of no prejudice vacated where state court's finding is not unreasonable. |
Criminal Law and Procedure |
|
C. Callahan | Jan. 2, 2018 |
|
B281449
|
In re A.L.
Welfare & Institutions Code does not authorize dependency jurisdiction when a parent's mental illness does not endanger a child's physical health and safety, or place them at substantial risk of physical harm. |
Juveniles |
|
F. Rothschild | Jan. 2, 2018 |
|
D071560
|
Modification: People v. Sandoval
A criminal protective order must be reasonable and narrowly tailored while still protecting the victim. |
Criminal Law and Procedure |
|
Jan. 2, 2018 | |
|
16-50372
|
U.S. v. Aldana
Convictions for entering U.S. at undesignated points of entry affirmed where undesignated entry means entry at place other than immigration facilities at designated ports of entry. |
Immigration |
|
S. Ikuta | Jan. 2, 2018 |
|
16-15188
|
Wellington v. Berryhill
Determination of onset disability date made without calling medical advisor properly affirmed where determination is based on adequate medical record and where reasonable medical expert would not disagree. |
Administrative Agencies |
|
R. Gould | Jan. 2, 2018 |
|
16-15179
|
Fleming v. The Charles Schwab Corp.
Securities Litigation Uniform Standards Act bars suits connected to purchase and sale of security, and which involve deception. |
Securities |
|
A. Hurwitz | Jan. 2, 2018 |
|
15-56943
|
Stewart v. San Luis Ambulance Inc.
Order |
|
Jan. 2, 2018 | ||
|
11-99013
|
Hernandez v. Chappell
A defendant in a first degree murder trial is prejudiced by ineffective counsel where evidence of mental impairment exists in the record and such impairment is not investigated and presented as a defense. |
Criminal Law and Procedure |
|
S. Reinhardt | Jan. 2, 2018 |
|
13-17123
|
Turtle Island Restoration Network v. United States Department of Commerce
Issuance of special purpose permit authorizing incidental killing of migratory birds through commercial activity reversed where 'compelling justification' does not conform with regulation's plain language or with conservation intent. |
Environmental Law |
|
M. Murguia | Dec. 29, 2017 |
|
17-1131
|
In re Terell W. Eutsler
Bankruptcy court does not abuse its discretion where it holds that agreement giving shareholders option to purchase debtors stock is not executory contract. |
Bankruptcy |
|
R. Faris | Dec. 29, 2017 |
|
S232218
|
People v. Hicks
Upon retrial of a second degree murder charge after conviction for a lesser related offense, a trial court errs if it instructs the retrial jury as to the fact of the previous jury's specific conviction. |
Criminal Law and Procedure |
|
M. Chin | Dec. 29, 2017 |
|
S236728
|
People v. Frierson
State must prove beyond reasonable doubt that petitioner is ineligible for Three Strike Reform Act resentencing. |
Criminal Law and Procedure |
|
C. Corrigan | Dec. 29, 2017 |
|
15-35395
|
Dunlap v. Liberty Natural Products Inc.
The court's error was harmless when it conflated the elements of two ADA claims in a jury instruction and the record showed it was 'more probable than not' the verdict was unaffected. |
Employment Discrimination |
|
J. Rawlinson | Dec. 29, 2017 |
|
16-1229
|
In re Christopher Marino and Valerie Marino
Sanction order affirmed where creditor’s post-discharge contacts to debtor violate discharge injunction. |
Bankruptcy |
|
R. Faris | Dec. 28, 2017 |
|
G052348
|
Kanno v. Marwit Capital Partners II
Breach of oral contract claim not barred by parol evidence rule where written agreements are not completely integrated and are not inconsistent with or contrary to oral agreement. |
Contracts |
|
R. Fybel | Dec. 28, 2017 |
|
16-72816
|
In re A Community Voice
The EPA must promulgate a rule when it grants a rulemaking petition, it owes a duty to act, and delay is unreasonable under the six 'TRAC' factors. |
Environmental Law |
|
M. Schroeder | Dec. 28, 2017 |
|
15-35859
|
Corvus Energy Ltd. v. 1169997 Ontario Ltd.
An indemnity suit against a settling co-defendant is not permissible where the allocation of property damages is governed by the proportionate share approach. |
Torts |
|
P. Curiam (9th Cir.) | Dec. 28, 2017 |