| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C074846
|
Hutcheson v. Eskaton Fountainwood Lodge
Attorney-in-fact exceeds authority under power of attorney to admit principal to residential care facility, thus precluding facility from enforcing arbitration agreement contained in admission agreement. |
Health Care |
|
Jun. 14, 2017 | |
|
C076576
|
City of Big Bear Lake v. Cohen
City unsuccessful in arguing that contracts created enforceable obligations under Dissolution Law on part of former redevelopment agency. |
Government |
|
Jun. 14, 2017 | |
|
16-55359
|
Weil v. Elliott (In re Elliott)
Trustee's untimely filing of request to revoke debtor's discharge due to fraud does not warrant reversal of favorable judgment because deadline was non-jurisdictional time bar. |
Bankruptcy |
|
Jun. 14, 2017 | |
|
15-15809
|
Elliott v. Google Inc.
GOOGLE mark has not fallen victim to 'genericide' to warrant cancellation of trademark despite public's widespread use of the term as a verb. |
Intellectual Property |
|
Jun. 14, 2017 | |
|
13-56069
|
Retail Digital Network LLC v. Prieto
Advertising middleman unsuccessful in challenging as unconstitutional law barring advertising payments for alcoholic products. |
Civil Rights |
|
Jun. 14, 2017 | |
|
B265267
|
Kinney v. Clark
Frivolous appeal dismissed and expanded prefiling order and sanctions imposed on vexatious litigant. |
Civil Procedure |
|
Jun. 14, 2017 | |
|
E065418
|
Van Audenhove v. Perry
On question of first impression, arrest without any formal charges will not support claim for malicious prosecution. |
Torts |
|
Jun. 14, 2017 | |
|
D069445
|
People v. Smith
On remand, appellate court finds no error in admitting defendant's statements that inculpates co-defendant in light of 'People v. Smith,' warranting affirmance of co-defendant's murder conviction. |
Criminal Law and Procedure |
|
Jun. 13, 2017 | |
|
A147464
|
Laymon v. J. Rockcliff Inc.
Denial of motion to compel arbitration of plaintiff-home buyers' dispute against brokers, title companies, and service providers overturned where arbitration agreements covered claims asserted. |
Arbitration |
|
Jun. 13, 2017 | |
|
D069888
|
People v. Wilford
Prosecutor's request to increase defendant's sentence after jury returned its verdict violated defendant's due process, warranting reversal and remand. |
Criminal Law and Procedure |
|
Jun. 13, 2017 | |
|
14-16942
|
United States v. Gila Valley Irrigation District
Denial of applications to sever and transfer rights to Gala River water largely upheld; remand nevertheless warranted on issue of statutory forfeiture. |
Water Rights |
|
Jun. 13, 2017 | |
|
B269186
|
Phoenix Mechanical Pipeline v. Space Exploration
Where complaint alleges failure to pay re: arguably non-contracting services, demurrer sustained improperly against unlicensed contractor that provided such services. |
Contracts |
|
Jun. 13, 2017 | |
|
D069798
|
Plantier v. Ramona Municipal Water District
Commercial business owners need not exhaust administrative remedies before bringing suit challenging water district's method of calculating wastewater fees, warranting reversal of judgment favoring agency. |
Administrative Agencies |
|
Jun. 13, 2017 | |
|
B269311
|
Webb v. Webb
Family Code Section 271's sanction provisions only meant to accomplish fee-shifting as between parties to litigation; non-parties may not avail themselves of the section. |
Family Law |
|
Jun. 13, 2017 | |
|
15-17302
|
SolarCity v. Salt River Project
In matter of first impression, collateral order rule does not allow for interlocutory appeal of denial of motion to dismiss case in state-action immunity case. |
Immunity |
|
Jun. 12, 2017 | |
|
15-1039
|
Sandoz Inc. v. Amgen
BPCIA's disclosure requirements under 42 U.S.C. Section 262(l)(2)(A) not enforceable by injunction; applicant seeking FDA approval for biosimilar product need not wait for licensure before providing commercial marketing notice. |
Intellectual Property |
|
Jun. 12, 2017 | |
|
15-457
|
Microsoft Corp. v. Baker
Federal courts of appeal lacks jurisdiction to review order striking class allegations because plaintiffs' 'voluntary-dismissal' tactic does not amount to 'final decision.' |
Civil Procedure |
|
Jun. 12, 2017 | |
|
15-1191
|
Sessions v. Morales-Santana
Immigration laws differentiating unwed parent's ability to pass citizenship to child based on parent's gender is unconstitutional; high court declares applicable rule in the interim. |
Immigration |
|
Jun. 12, 2017 | |
|
16-349
|
Henson v. Santander Consumer USA Inc.
Defaulted debt purchaser that collects debts on its own behalf does not qualify as a 'debt collector' under Fair Debt Collection Practices Act. |
Consumer Law |
|
Jun. 12, 2017 | |
|
16-1177
|
Virginia v. LeBlanc
In narrow context presented, juvenile nonhomicide offender not entitled to habeas relief from life sentence where Virginia's 'geriatric release' program complied with mandates of 'Graham.' |
Criminal Law and Procedure |
|
Jun. 12, 2017 | |
|
16-1003
|
McKnight v. Petersen
Order |
|
Jun. 12, 2017 | ||
|
16-7234
|
McIntosh v. U.S.
Order |
|
Jun. 12, 2017 | ||
|
16-7794
|
Brown v. U.S.
Order |
|
Jun. 12, 2017 | ||
|
16-712
|
Oil States Energy Services LLC v. Greene's Energy Group LLC
Order |
|
Jun. 12, 2017 | ||
|
17-15589
|
State of Hawaii v. Trump
Without making concrete finding that class of aliens poses threat to U.S., President may not employ Immigration and Nationality Act powers to bar entry by such class. |
Immigration |
|
Jun. 12, 2017 | |
|
15-30148
|
U.S. v. Brown
Where defendant is tried for publishing 'notice' or 'advertisement' of child pornography on members-only online bulletin board, he is not foreclosed by law from making defense that board's closed nature renders posting not a 'notice' or 'advertisement.' |
Criminal Law and Procedure |
|
Jun. 12, 2017 | |
|
15-16600
|
U.S. v. Gorman
Where initial traffic stop violates Fourth Amendment, subsequent stop arranged by initial officer via telephone is causally related to the first and its fruits must be suppressed. |
Criminal Law and Procedure |
|
Jun. 12, 2017 | |
|
B272275
|
People v. Sperling
Masseur who sexually victimized 'special needs' victim fails to challenge eight-year sentence; 'fortunate' not to receive maximum 10-year term of imprisonment. |
Criminal Law and Procedure |
|
Jun. 11, 2017 | |
|
D071461
|
People v. Superior Court (Walker)
Order granting defendant's motion to transfer case from adult court to juvenile court is improper retroactive application of Proposition 57. |
Juveniles |
|
Jun. 11, 2017 | |
|
16-1212
|
Melson v. Dunn
Order |
|
Jun. 11, 2017 |