| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B276877
|
In re Travis C.
Court properly assumed jurisdiction over child under Welfare and Institutions Code 300(b)(1) where mother’s mental illness created ‘substantial risk’ of serious physical harm |
Juveniles |
|
V. Chaney | Aug. 4, 2017 |
|
F072597
|
Esparza v. KS Industries L.P.
In employment dispute, PAGA claims seeking civil penalties are not subject to arbitration whereas claims to recover wages under Labor Code Section 558 are subject to arbitration. |
Arbitration |
|
D. Franson | Aug. 4, 2017 |
|
E065257
|
People v. Echavarria
First-degree murder conviction overturned due to juror misconduct where several jurors discussed extraneous information concerning sufficient punishment for defendant during guilt phase of trial. |
Criminal Law and Procedure |
|
D. Miller | Aug. 4, 2017 |
|
14-71180
|
Barnes v. Federal Aviation Administration
Opponents of new runway construction at Oregon airport unsuccessful in obtaining petition for review of FAA’s finding that runway would have no significant impact on environment. |
Administrative Agencies |
|
R. Clifton | Aug. 4, 2017 |
|
12-57130
|
Mendoza v. Nordstrom
An employee is entitled to one day of rest per each seven day work week; ‘consecutive days of work that stretch across more than one work week are not per se prohibited.’ |
Labor Law |
|
S. Graber | Aug. 4, 2017 |
|
A148614
|
Conservatorship of K.W.
In case involving appointment of conservatorship, permitting jury to consider case-specific hearsay testimony of psychiatrist violates ‘Sanchez,’ but reversal not warranted where error is harmless. |
Conservatorship |
|
T. Bruiniers | Aug. 4, 2017 |
|
B264452A
|
People v. Gandy
Upon reconsideration, defendant still unsuccessful in challenging prior out-of-state convictions, where plea was voluntary and intelligent under totality of the circumstances. |
Criminal Law and Procedure |
|
N. Epstein | Aug. 4, 2017 |
|
D069355
|
Modification: People v. Roberts
Answers regarding gang affiliation elicited during arrest intake, prior to 'Miranda' warnings, may not be admitted to substantiate gang affiliation enhancement. |
Criminal Law and Procedure |
|
Aug. 4, 2017 | |
|
13-16259
|
Amended Opinion: Window Rock Unified School District v. Reeves
Tribal proceedings improperly halted where Navajo Nation Labor Commission probably had jurisdiction over employment-related claims against school districts operating on leased tribal land. |
Native American Affairs |
|
Aug. 4, 2017 | |
|
D071661
|
In re L.L.
Uniform Parentage Act Section 7612(c) applies where there is an existing relationship between third parent and a child, and when recognizing only two parents would be detrimental to a child. |
Juveniles |
|
J. McConnell | Aug. 4, 2017 |
|
15-15460
|
Villa v. Maricopa County
Dismissal of putative class action brought against state actors challenging Arizona’s wiretapping statute upheld, albeit on different grounds. |
Civil Rights |
|
W. Fletcher | Aug. 3, 2017 |
|
15-55010
|
Goncalves v. Rady Childrens Hospital San Diego
In resolving dispute over whether insured’s motion to expunge insurance carrier’s subrogation lien is properly in state or federal court, remand reversed because action properly filed in federal court. |
Civil Procedure |
|
R. Bell | Aug. 3, 2017 |
|
C075295
|
People v. Singh
A court may consider the credibility and materiality of newly discovered evidence when ruling on a retrial motion that is based on new evidence. |
Criminal Law and Procedure |
|
G. Nicholson | Aug. 3, 2017 |
|
C080391
|
J.C., a Minor
Lifetime sex offender registration for juvenile based on commission of sodomy on a five-year-old victim, does not constitute cruel and unusual punishment. |
Juveniles |
|
E. Duarte | Aug. 3, 2017 |
|
D069797
|
Baker v. Italian Maple Holdings LLC
Arbitration agreement containing statutory ‘cooling off’ period is effective immediately upon execution; signatory’s death occurring before period does not render agreement unenforceable absent other grounds. |
Arbitration |
|
C. Aaron | Aug. 2, 2017 |
|
A146979
|
Modification: I.F., a Minor
Juvenile's motion to seal records erroneously denied where court applied former statute instead of statute that governed such motions at time it finally decided motion. |
Juveniles |
|
Aug. 2, 2017 | |
|
B272284
|
Kaiser Foundation Health Plan Inc. v. Superior Court (Prime Healthcare La Palma LLC)
Judgment confirming arbitration panel’s partial final award is not appealable, resulting in peremptory writ of mandate directing trial court to vacate judgment. |
Civil Procedure |
|
M. Small | Aug. 2, 2017 |
|
G053903
|
S.V. v. Superior Court (Harris)
There is no statutory exception that allows juvenile court to release minor’s sealed delinquency file to third party criminal defendant accused of pimping her. |
Juveniles |
|
E. Moore | Aug. 2, 2017 |
|
15-56246
|
Mull v. Motion Picture Industry Health Plan
Reimbursement, recoupment provisions outlined in Summary Plan Description are part of ERISA plan by ‘clear design’ and district court errs in concluding otherwise. |
Civil Procedure |
|
S. Bolton | Aug. 2, 2017 |
|
09-99012
|
Andrews v. Davis
In superseding opinion Ninth Circuit again rejects habeas prisoner's ineffective assistance of counsel claim, resulting in reversal of district court’s grant of relief on that issue. |
Prisoners' Rights |
|
S. Ikuta | Aug. 2, 2017 |
|
15-35088
|
Lamear v. Berryhill
Administrative law judge must ask expert to reconcile apparent conflicts between expert’s testimony and requirements listed in the ‘Dictionary of Occupational Titles.’ |
Administrative Agencies |
|
J. Owens | Aug. 2, 2017 |
|
16-35856
|
Alliance for the Wild Rockies v. Pena
Forest project opponent properly denied preliminary injunction where plaintiff failed to demonstrate ‘serious questions’ on its environmental claims under sliding scale variant of ‘Winters’ standard. |
Environmental Law |
|
M. Smith | Aug. 2, 2017 |
|
09-99022
|
Clabourne v. Ryan
Order |
Prisoners' Rights |
|
Aug. 2, 2017 | |
|
A145181
|
Marriage of Kumar
In divorce proceeding, sponsored immigrant spouse has standing to enforce support obligation created by immigration form I-864 affidavit of support signed by sponsoring spouse. |
Family Law |
|
M. Miller | Aug. 1, 2017 |
|
A145758
|
Rush v. White Corp.
Trial court does not abuse its discretion in granting defendants’ motion for summary judgment based on plaintiffs’ non-complying separate statement. |
Civil Procedure |
|
J. Richman | Aug. 1, 2017 |
|
G054078
|
Beachcomber Management Crystal Cove v. Superior Court
Successive representation rules generally do not bar attorney from continuing to represent insider of closely held company in a derivative lawsuit pursuant to ‘Forrest v. Baeza.’ |
Attorneys |
|
R. Aronson | Aug. 1, 2017 |
|
16-30202
|
USA V. Leon Seminole
Court may compel a spouse to testify against his or her spouse where testifying spouse is a victim of defendant’s crime. |
Criminal Law and Procedure |
|
J. Owens | Aug. 1, 2017 |
|
14-36110
|
Fuller v. Idaho Dept. of Corrections
Idaho Department of Corrections (IDOC) officer raped by co-worker successful in challenging grant of summary judgment in IDOC’s favor on hostile work environment claim. |
Employment Discrimination |
|
A. Hurwitz | Aug. 1, 2017 |
|
S223536
|
Mountain Air Enterprises LLC v. Sundowner Towers LLC
Assertion of affirmative defense does not equate to ‘action’ for purposes of recovering attorney fees; but prevailing party nevertheless entitled to fees where assertion implicated agreement’s attorney fees provision. |
Contracts |
|
M. Chin | Aug. 1, 2017 |
|
15-60069
|
In re Mainline Equipment Inc.
BAP properly allows Chapter 11 debtor in possession to avoid county’s lien on its personal property, where county fails to perfect lien as against bona fide purchaser. |
Bankruptcy |
|
K. Wardlaw | Aug. 1, 2017 |