| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
15-16574
|
Corral v. Select Portfolio Servicing
Amount of indebtedness does not constitute the 'amount in controversy' for purposes of establishing subject matter jurisdiction in an action seeking to stay foreclosure pending review of a loan modification. |
Civil Procedure |
|
C. Bencivengo | Dec. 28, 2017 |
|
15-16549
|
Breazeale v. Victim Services, Inc.
Appeal of order denying Anti-SLAPP motion in public interest case dismissed for lack of jurisdiction where such orders are not immediately appealable. |
Anti-SLAPP |
|
M. Schroeder | Dec. 28, 2017 |
|
13-17441
|
Nalder v. United Automobile Insurance Co.
Order |
|
Dec. 28, 2017 | ||
|
17-17168
|
State of Hawaii v. Trump
Order preliminarily enjoining portions of Proclamation 9645 affirmed in part where president fails to find that entry of affected nationals would harm United States interests. |
Immigration |
|
P. Curiam (9th Cir.) | Dec. 27, 2017 |
|
A149752
|
Turley v. Familian Corp.
Circumstantial evidence may sufficiently establish the required 'exposure' element of an asbestos-related injury cause of action. |
Torts |
|
J. Richman | Dec. 27, 2017 |
|
A150290
|
In re C.D.
Penal Code Section 245(c), which prohibits two variants of aggravated assault against a police officer, defines a single offense. |
statutory_interpretation |
|
H. Needham | Dec. 27, 2017 |
|
B270158
|
Los Angeles Conservancy v. City of West Hollywood
'Absolute perfection' is not required in an Environmental Impact Report's analysis involving alternatives to the destruction of a building eligible for listing in the Register of Historical Places. |
Environmental Law |
|
F. Rothschild | Dec. 27, 2017 |
|
B276822
|
SP Investment Fund I LLC v. Cattell
Failure to properly transfer a limited partnership interest under the Corporations Code does not negate the entire agreement if other benefits besides transfer are contemplated. |
Contracts |
|
T. Willhite | Dec. 26, 2017 |
|
B280003
|
Yeh v. Tai
More specific Family Code provision applying equitable principles rather than strict time bar as to actions brought to reclaim community property after one spouse's death trumps general Civil Code statutes of limitation. |
statutory_interpretation |
|
M. Raphael | Dec. 26, 2017 |
|
D071279
|
Modification: Lawson v. ZB, N.A.
A prior arbitration agreement does not prevent an employee from bringing a civil enforcement action under the Private Attorneys General Act. |
Employment Law |
|
Dec. 26, 2017 | |
|
A147516
|
Cornell v. Berkeley Tennis Club
Plaintiff meets relatively low showing requirements to survive FEHA discriminatory termination summary judgment, where triable issue as to whether proffered non-discriminatory reason was pretextual. |
Employment Discrimination |
|
J. Humes | Dec. 26, 2017 |
|
17-801
|
In re United States
The Federal District Court may not compel the government to disclose privileged documents without first allowing the government to argue the issue. |
Constitutional Law |
|
P. Curiam (USSC) | Dec. 26, 2017 |
|
17-72917
|
In re United States of America
Order |
|
Dec. 26, 2017 | ||
|
17-15381
|
Jane Doe v. Kelly
Injunction requiring border patrol holding station provide mats and blankets to detainees held longer than 12 hours is proper. |
Immigration |
|
C. Callahan | Dec. 26, 2017 |
|
15-72258
|
Vortex Marine Construction v. Grimm
Order |
|
Dec. 26, 2017 | ||
|
D072226
|
In re A.F.
Statutory extended family placement preferences under the Indian Child Welfare Act may only be modified by Tribal resolution establishing different preferences. |
Native American Affairs |
|
P. Benke | Dec. 22, 2017 |
|
B279246
|
Boyd v. Freeman
A prior judgment based on the statute of limitations is not 'on the merits' for purposes of barring a claim under the doctrine of res judicata. |
Civil Procedure |
|
N. Manella | Dec. 22, 2017 |
|
B271421
|
People v. The North River Insurance Co. and Bad Boys Bail Bonds
Motion for vacatur filed after 180-day extension of initial appearance period is untimely. |
Criminal Law and Procedure |
|
B. Hoffstadt | Dec. 22, 2017 |
|
C078981
|
Modification: City of Grass Valley v. Cohen
Statutory amendment has retroactive effect and bears upon 2011 agreement between redevelopment agency and city, because prospective application would render amendment meaningless. |
Administrative Agencies |
|
Dec. 22, 2017 | |
|
A145384
|
In re E.R.
Maternal uncle who was adjudged as having lost 'Indian custodian status' lacks standing to appeal placement decisions as to minors. |
Dependency |
|
T. Reardon | Dec. 22, 2017 |
|
B279679
|
Santa Clara Waste Water Co. v. Allied World National Assurance Co.
Writ of attachment proper where insurer shows probable validity of unjust enrichment claim, after insurer covers partial clean-up of explosion at insured's chemical plant. |
Civil Procedure |
|
M. Tangeman | Dec. 22, 2017 |
|
16-16187
|
Vividus LLC v. Express Scripts Inc.
The Federal Arbitration Act does not grant arbitrators the power to compel third parties to produce documents prior to an arbitration hearing. |
Arbitration |
|
Dec. 22, 2017 | |
|
S231260
|
People v. Gallardo
A trial court's determination beyond a jury's findings about a defendant's prior conviction violates the Sixth Amendment. |
Criminal Law and Procedure |
|
L. Kruger | Dec. 22, 2017 |
|
S233898
|
T.H. v. Novartis Pharmaceuticals Corporation
Notwithstanding drugmaker no longer made or sold brand-name drug when it allegedly harmed plaintiff who took drug's generic version, foreseeability and other 'Rowland' factors provide basis for possible failure to warn claim against original drugmaker. |
Torts |
|
M. Cuéllar | Dec. 22, 2017 |
|
C070357
|
Department of Finance v. Commission on State Mandates
State-mandated requirements on a local government not expressly imposed by federal regulations are subject to subvention under 'Section 6' |
Administrative Agencies |
|
G. Nicholson | Dec. 21, 2017 |
|
E066367
|
Creed-21 v. City of Wildomar
After a willful discovery rule violation preceded by a history of abuse, terminating sanctions are justified if less severe sanctions would not produce compliance. |
Civil Procedure |
|
D. Miller | Dec. 21, 2017 |
|
E066471
|
People ex rel. etc. (Alzayat) v. Hebb
Litigation privilege must yield where its application would render a more specific law wholly or significantly inoperable. |
statutory_interpretation |
|
A. McKinster | Dec. 21, 2017 |
|
F071330
|
People v. Sanchez
Where procedures to identify active gang members covered by anti-gang injunction are 'neither objective nor particularly reliable,' due process concerns militate on side of defendant charged with violating injunction. |
Criminal Law and Procedure |
|
M. Smith | Dec. 21, 2017 |
|
C078981
|
Modification: City of Grass Valley v. Cohen
Statutory amendment has retroactive effect and bears upon 2011 agreement between redevelopment agency and city, because prospective application would render amendment meaningless. |
Administrative Agencies |
|
E. Duarte | Dec. 21, 2017 |
|
C081918
|
City of Anaheim v. Cohen
Department of finance's use of the 2011 dissolution law to deny city's request for funds unconstitutionally impairs private developer's contractual rights . |
Municipal Law |
|
R. Robie | Dec. 21, 2017 |