| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
15-35018
|
Reed v. Lieurance
Volunteer for buffalo conservation organization may maintain civil rights action against state actors who prevented him from observing buffalo hazing in Yellowstone National Park. |
Civil Rights |
|
J. Tunheim | Jul. 25, 2017 |
|
14-35504
|
ILWU v. ICTSI Oregon
Entry of partial final judgment under Federal Rule of Civil Procedure 54(b) and dismissal of antitrust counterclaim proper in maritime labor dispute. |
Antitrust |
|
D. O'Scannlain | Jul. 25, 2017 |
|
S230906
|
People v. DeLeon
Changes to parole revocation process brought on by Realignment Act does not abrogate need for preliminary hearing required under *Morrissey.* |
Criminal Law and Procedure |
|
C. Corrigan | Jul. 25, 2017 |
|
S232114
|
P. v. Estrada
Court may rely on ‘facts underlying previously dismissed counts’ when denying Prop 36 resentencing petitions. |
Criminal Law and Procedure |
|
A. Cuèllar | Jul. 25, 2017 |
|
B275980
|
Alvarez v. Seaside Transportation Services LLC
The plaintiff bears the burden of showing the existence of a triable material fact where the 'Privette' doctrine presumption affects the burden of producing evidence pursuant to Evidence Code 603. |
Civil Procedure |
|
D. Sortino | Jul. 24, 2017 |
|
A148919
|
People v. Bloomfield
Access card forgery is not eligible for Prop 47 relief where ‘access card forgery’ is not included in the ‘clear and unambiguous’ statutory language. |
Criminal Law and Procedure |
|
S. Margulies | Jul. 24, 2017 |
|
15-72873
|
Chugach Management Services v. Jetnil
The zone of special danger doctrine can apply to an employee working under a Defense Base Act contract in his or her home country. |
Labor Law |
|
M. Murguia | Jul. 24, 2017 |
|
13-73098
|
Sanjaa v. Sessions
Former law enforcement officer beaten for investigating drug ring that included parliamentarian's son does not qualify for asylum under CAT based on whistleblowing or persecution due to his status as a former officer |
Immigration |
|
C. Bea | Jul. 24, 2017 |
|
A144212
|
Cummings v. Dessel
Court’s incorrect judgment affirmed where appellant fails to show that ‘absent the error, the appellant would have obtained a more favorable result.’ |
Civil Procedure |
|
M. Rivera | Jul. 21, 2017 |
|
S226416
|
In re R.T.
Welfare and Institutions Code Section 300(b)(1) does not require parental negligence or fault before dependency court may assert jurisdiction. |
Juveniles |
|
M. Chin | Jul. 21, 2017 |
|
S075725
|
People v. Jones
Where exclusion of hearsay is error harmless beyond reasonable doubt, death penalty conviction upheld. |
Criminal Law and Procedure |
|
L. Kruger | Jul. 21, 2017 |
|
14-70339
|
Martinez v. Sessions
Where the statutory definition of finality provides no conclusive answer, a Board of Immigration Appeals order is the final administrative order for the purposes of filing a petition for review where petitioner is subject to ‘conflicting and confusing ’ circumstances. |
Administrative Agencies |
|
J. Soto | Jul. 21, 2017 |
|
A143680
|
ZL Technologies v. Doe
Where libel plaintiff seeks anonymous defendant's identity from third-party review site, plaintiff must make a prima facie libel showing, and court must consider equitable factors, but no final balancing test is required. |
Civil Procedure |
|
M. Rivera | Jul. 21, 2017 |
|
D068533
|
Demara v. The Raymond Corp.
Trial court’s erroneous summary judgment ruling overturned, allowing warehouse employee injured by special order forklift to pursue products liability claim against manufacturer. |
Torts |
|
C. Aaron | Jul. 20, 2017 |
|
A146901
|
Modification: San Diego County Water Authority v. Metropolitan Water District of Southern California
'Wheeling' statutes allow water district to include system-wide transportation costs, including maintenance costs of aqueduct it does not own, in setting 'wheeling' rate. |
|
Jul. 20, 2017 | ||
|
D069355
|
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 |
|
W. Dato | Jul. 20, 2017 |
|
B268667
|
County of Los Angeles v. Allegheny Casualty Company
A court issuing subsequent extension orders under Penal Code Section 1305 is limited to issuing those orders within 180 days from the initial extension order. |
Criminal Law and Procedure |
|
T. Bigelow | Jul. 20, 2017 |
|
B269724
|
Modification: Schep v. Capital One N.A.
Plaintiff does not state cause of action for slander of title based on trustee's recording of nonjudicial foreclosure documents because trustee's acts are privileged. |
|
Jul. 20, 2017 | ||
|
15-16604
|
Bishop Paiute Tribe v. Inyo County
Tribe’s declaratory action regarding its right to conduct law enforcement on reservation properly before federal court and was, therefore, improperly dismissed on jurisdictional grounds. |
Native American Affairs |
|
M. Murguia | Jul. 20, 2017 |
|
15-15054
|
Harris v. Mangum
Court properly declined to evaluate pro se inmate’s competence where inmate had no interest in litigation that could have been protected by requested appointment. |
Prisoners' Rights |
|
R. Clifton | Jul. 19, 2017 |
|
14-72794
|
In re Pesticide Action North America
Order |
|
Jul. 19, 2017 | ||
|
16-16067
|
In re National Security Letter
National Security Letter law’s nondisclosure provision, which prohibits disclosure of receipt of such letter, does not violate recipient’s First Amendment rights. |
Constitutional Law |
|
S. Ikuta | Jul. 18, 2017 |
|
D071072
|
Swigart v. Bruno
Primary assumption of risk bars experienced horseback rider’s claims against fellow rider for injuries suffered during an organized endurance riding event. |
Torts |
|
C. Aaron | Jul. 18, 2017 |
|
S219811
|
Lewis v. Superior Court
An invasion of privacy that is justified by competing interests does not violate the California State Constitution. |
Constitutional Law |
|
Jul. 18, 2017 | |
|
15-35414
|
Lehman v. Nelson
Award in ERISA dispute involving allegedly illegally withheld employer contributions overturned where complaint failed to give requisite notice under FRCP 8(a)(2). |
Civil Procedure |
|
M. Christen | Jul. 17, 2017 |
|
15-15078
|
Lazar v. Kroncke
Plaintiff unsuccessful in challenging constitutionality of Arizona’s revocation-on-divorce statute as applied to proceeds of her ex-husband’s individual retirement account following his death. |
Constitutional Law |
|
E. Siler | Jul. 17, 2017 |
|
15-55337
|
Alfaro v. Johnson
Habeas petitioner’s claim is barred where petitioner fails to exhaust available court remedies. |
Civil Procedure |
|
Jul. 17, 2017 | |
|
S241655
|
Gerard v. Orange Coast Memorial Medical Center
Order |
|
Jul. 14, 2017 | ||
|
A147740
|
People v. Webb
Williamson rule inapplicable where violation of Section 530.5 cannot follow from violation of Section 148.9 and Vehicle Code Section 31; penalty assessments inapplicable to non-punitive fees; court must establish finding of defendant’s ability to pay attorney fees. |
Criminal Law and Procedure |
|
Jul. 14, 2017 | |
|
15-15799
|
United States v. Sierra Pacific Industries Inc.
Defendants not entitled to relief from judgment based on government’s fraud on court where alleged ‘trail of fraud’ was known prior to parties’ settlement. |
Civil Procedure |
|
S. Thomas | Jul. 14, 2017 |