| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
15-1293
|
Matal v. Tam
Even under looser commercial-speech test, Disparagement clause violates First Amendment Free Speech Clause because it is not narrowly drawn to serve substantial governmental interest. |
Administrative Agencies |
|
S. Alito | Jun. 19, 2017 |
|
16-466
|
Bristol-Myers Squibb Co. v. Superior Court (Anderson)
California lacks jurisdiction to preside over nonresidents' claims against Bristol-Myers over claims involving the drug Plavix. |
Administrative Agencies |
|
S. Alito | Jun. 19, 2017 |
|
16-1116
|
Jenkins v. Hutton
Reversal required where Sixth Circuit is wrong to reach merits of habeas petitioner's claim challenging death sentence. |
Administrative Agencies |
|
P. Curiam (USSC) | Jun. 19, 2017 |
|
15-734
|
Milberg LLP v. Laber
Order |
|
Jun. 19, 2017 | ||
|
S099274
|
People v. Brooks
Failure to instruct on independent felonious purpose rule is error but does not require reversal of death judgment given valid torture-murder special-circumstance finding. |
Administrative Agencies |
|
T. Cantil-Sakauye | Jun. 19, 2017 |
|
15-50459
|
U.S. v. Cervantes
Warrantless, suspicionless search of hotel room rented by defendant on 'mandatory supervision' does not violate Fourth Amendment, where such supervision is akin to parole. |
Administrative Agencies |
|
P. Watford | Jun. 19, 2017 |
|
15-15030
|
Guido v. Mount Lemmon Fire District
Contrary to four other circuits' holdings, Age Discrimination in Employment Act applies to political subdivision of state, whether or not that subdivision, here a fire district, has 20 or more employees. |
Administrative Agencies |
|
D. O'Scannlain | Jun. 19, 2017 |
|
S078895
|
People v. Sivongxxay
On automatic appeal from judgment of death, defendant unsuccessful in challenging sentence based on invalid waiver of jury trial. |
Administrative Agencies |
|
T. Cantil-Sakauye | Jun. 19, 2017 |
|
G052603
|
Zubillaga v. Allstate Indemnity Co.
Genuine dispute rule does not relieve insurer from its obligation to thoroughly and fairly investigate insured's claim, warranting reversal of summary judgment in insurer's favor. |
Administrative Agencies |
|
D. Thompson | Jun. 19, 2017 |
|
A147540
|
Kao v. Joy Holiday
Alien-employee, who worked for employer for a time without work permit, wins reversal of judgment in employer's favor on statutory wage claims. |
Administrative Agencies |
|
S. Pollak | Jun. 18, 2017 |
|
S241246
|
In Re J.R.
Does Proposition 47 ("the Safe Neighborhoods and Schools Act") apply to the offense of unlawful taking or driving a vehicle (Veh. Code, § 10851), because it is a lesser included offense of Penal Code section 487, subdivision (d), and that offense is eligible for resentencing to a misdemeanor under Penal Code sections 490.2 and 1170.18? |
|
Jun. 16, 2017 | ||
|
S241835
|
In Re J.H.
Did the trial court err by refusing to order the expungement of juvenile's DNA record after his qualifying felony conviction was reduced to a misdemeanor under Proposition 47 (Pen. Code § 1170.18)? |
|
Jun. 16, 2017 | ||
|
S232582
|
Ryan v. Rosenfeld
Order denying motion to vacate final judgment is appealable even if it raises issues that could have been litigated via appeal of the judgment. |
Administrative Agencies |
|
M. Cuéllar | Jun. 16, 2017 |
|
S241471
|
McClain v. Sav-On Drugs
Can a purchaser of products allegedly exempt from sales tax but for which the retailer collected sales tax reimbursement bring an action to compel the retailer to seek a sales tax refund from the Franchise Tax Board and remit the proceeds to purchasers? |
|
Jun. 16, 2017 | ||
|
S241394
|
People v. Pineda
Does Prop.47 apply to the offense of unlawful taking or driving a vehicle (Veh. Code, § 10851), because it is a lesser included offense of Penal Code section 487(d), and that offense is eligible for resentencing to a misdemeanor under Penal Code sections 490.2 and 1170.18? |
|
Jun. 16, 2017 | ||
|
S241680
|
People v. Rios
Does Proposition 47 ("the Safe Neighborhoods and Schools Act") apply to the offense of unlawful taking or driving a vehicle (Veh. Code, § 10851), because it is a lesser included offense of Penal Code section 487, subdivision (d), and that offense is eligible for resentencing to a misdemeanor under Penal Code sections 490.2 and 1170.18? |
|
Jun. 16, 2017 | ||
|
S241574
|
People v. Van Orden
Does Prop.47 apply to the offense of unlawful taking or driving a vehicle (Veh. Code, § 10851), because it is a lesser included offense of Penal Code section 487(d), and that offense is eligible for resentencing to a misdemeanor under Penal Code sections 490.2 and 1170.18? |
|
Jun. 16, 2017 | ||
|
S241069
|
People v. Vaughn
Does Prop.47 apply to the offense of unlawful taking or driving a vehicle (Veh. Code, § 10851), because it is a lesser included offense of Penal Code section 487(d), and that offense is eligible for resentencing to a misdemeanor under Penal Code sections 490.2 and 1170.18? |
|
Jun. 16, 2017 | ||
|
S241826
|
In Re C.W.
Did the trial court err by refusing to order the expungement of juvenile's DNA record after his qualifying felony conviction was reduced to a misdemeanor under Proposition 47 (Pen. Code § 1170.18)? |
|
Jun. 16, 2017 | ||
|
S241546
|
In Re T.H.
Did the trial court err by refusing to order the expungement of juvenile's DNA record after his qualifying felony conviction was reduced to a misdemeanor under Proposition 47 (Pen. Code § 1170.18)? |
|
Jun. 16, 2017 | ||
|
S241207
|
People v. Lopez
Does the definition of "unreasonable risk of danger to public safety" (Pen. Code, § 1170.18, subd. (c)) under Proposition 47 ("the Safe Neighborhoods and Schools Act") apply on retroactivity or other grounds to resentencing under the Three Strikes Reform Act of 2012 (Pen. Code, § 1170.126)? |
|
Jun. 16, 2017 | ||
|
S240998
|
People v. Miranda
Was the jury properly instructed on the "kill zone" theory of attempted murder? |
|
Jun. 16, 2017 | ||
|
S241324
|
Dr. Leevil v. Westlake Health Care Center
Does Code of Civil Procedure section 1161a require a purchaser of real property at a foreclosure sale to perfect title before serving a three -day notice to quit on the occupant of the property? |
|
Jun. 15, 2017 | ||
|
S241057
|
J.(K.) v. Los Angeles Unified School District
Does the Court of Appeal lack jurisdiction over an appeal from an order imposing sanctions on an attorney if the notice of appeal is brought in the name of the client rather than in the name of the attorney? |
|
Jun. 15, 2017 | ||
|
A143190
|
California Fair Plan Assoc. v. Garnes
In insurance coverage dispute, policy holder entitled to receive amount to repair home damaged in fire less depreciation, even though amount exceeds home's fair market value. |
Insurance |
|
Jun. 15, 2017 | |
|
S241434
|
De La Torre v. Cashcall
Can the interest rate on consumer loans of $2,500 or more governed by California Finance Code section 22303 render the loans unconscionable under section 22302? |
|
Jun. 15, 2017 | ||
|
S230104
|
Scher v. Burke
Civil Code Section 1009 preclude both recreational and non-recreational public use of non-coastal property from ripening into an implied dedication of a public road. |
Real Property |
|
Jun. 15, 2017 | |
|
15-60046
|
Turner v. Wells Fargo N.A. (In re Turner)
Debtors' adversary proceeding properly dismissed where they failed to state a claim for wrongful foreclosure under California law. |
Bankruptcy |
|
Jun. 15, 2017 | |
|
14-50214
|
U.S. v. Hernandez
Conviction for illegal transportation of firearms into defendant's state of residence reversed, where it is unclear whether jury actually found defendant willfully committed charged conduct. |
Criminal Law and Procedure |
|
Jun. 15, 2017 | |
|
E064482
|
Black Sky Capital LLC v. Cobb
Judgment entered in debtor's favor overturned where lienholder's claim for balance due on junior loan not barred by anti-deficiency statutes. |
Real Property |
|
Jun. 14, 2017 |