| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A147954
|
Guarantee Forklift Inc. v. Capacity of Texas Inc.
Vehicle franchisee has standing to bring suit against franchisor for termination of franchise despite lack of dealer's license. |
Civil Procedure |
|
May 25, 2017 | |
|
A147944
|
Hardwick v. Wilcox
When lender charges usurious interest on series of loans, judgment in favor of borrower proper and usurious interest payments serve to offset principal debt. |
Business Law |
|
May 24, 2017 | |
|
A147522
|
Grappo v. McMills
Default judgment should never have been entered in plaintiff's favor, serving as reminder to courts to properly apply gatekeeper function. |
Civil Procedure |
|
May 24, 2017 | |
|
15-35232
|
In re Big Thorne Project and 2008 Tongass Forest Plan
Forest Service's approval of logging project in Alaska does not violate National Forest Management Act, dealing blow to environmental groups advocating for rare indigenous wolves. |
Environmental Law |
|
May 24, 2017 | |
|
D070288
|
Kutzke v. City of San Diego
City's denial of project revived where owners' plan to split hilltop lots was incompatible with existing community plan and would result in undesirable project. |
Real Property |
|
May 24, 2017 | |
|
B269349
|
People v. Pou
Motion to suppress drug evidence seized pursuant to warrantless entry and search of home properly denied based on emergency aid exception to warrant requirement. |
Criminal Law and Procedure |
|
May 24, 2017 | |
|
14-16324
|
Santopietro v. Howell
Summary judgment grant in Section 1983 claim improper where officers arrested street performer who arguably was merely soliciting tips, not engaging in a regulable business transaction. |
Constitutional Law |
|
May 24, 2017 | |
|
16-341
|
TC Heartland LLC v. Kraft Food Groups Brands LLC
In patent infringement suit brought against domestic corporation, domestic corporation 'resides' only in its State of incorporation pursuant to 28 U.S.C. Section 1400(b) and 'Fourco.' |
Intellectual Property |
|
May 23, 2017 | |
|
16-254
|
Water Splash Inc. v. Menon
Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters permits service by mail. |
Civil Procedure |
|
May 23, 2017 | |
|
15-1262
|
Cooper v. Harris
North Carolina's Congressional Districts 1 and 12 struck down as unconstitutional gerrymanders because racial considerations, not political affiliation, predominated in redrawing of map. |
Voting Rights |
|
May 23, 2017 | |
|
15-15229
|
Demetris v. Transport Workers Union of America, AFL-CIO
Labor union's decision to distribute proceeds of bankruptcy settlement to all of its members unevenly does not violate duty of fair representation. |
Labor Law |
|
May 23, 2017 | |
|
10-56884
|
Ho v. ReconTrust Co.
Action properly dismissed where trustee of California deed of trust is not a 'debt collector' under Fair Debt Collection Practices Act. |
Consumer Law |
|
May 23, 2017 | |
|
B278412
|
Southern Insurance Co. v. Workers’ Compensation Appeals Board
Insurer not limited to cancellation of workers' compensation policy as only remedy but may also elect rescission; remand nevertheless warranted to determine effectiveness of attempted rescission. |
Workers' Compensation |
|
May 23, 2017 | |
|
15-1139
|
Merrill v. Merrill
Order |
|
May 23, 2017 | ||
|
16-969
|
SAS Institute v. Lee
Does 35 U.S.C. Section 318(a), which provides that the Patent Trial and Appeal Board in an inter partes review "shall issue a final written decision with respect to the patentability of any patent claim challenged by the petitioner," require that Board to issue a final written decision as to every claim challenged by the petitioner, or does it allow that Board to issue a final written decision with respect to the patentability of only some of the patent claims challenged by the petitioner, as the Federal Circuit held? |
|
May 23, 2017 | ||
|
D069959
|
People v. Cervantes
Defendant's motion to suppress drug evidence found in his vehicle properly denied, where his passenger's status as probationer justifies search. |
Criminal Law and Procedure |
|
May 22, 2017 | |
|
C075611
|
Gillotti v. Stewart
In construction defect lawsuit brought under Right to Repair Act, homeowner fails to overturn favorable judgment against grading subcontractor for tree damage. |
Torts |
|
May 22, 2017 | |
|
A144762
|
Marriage of Stupp and Schilders
When there is no pending motion for support, 'good cause' does not exist to justify order requiring wife to submit to vocational examination under Family Code Section 4331. |
Family Law |
|
May 22, 2017 | |
|
15-1429
|
Lee v. Roessler-Lobert (In re Roessler-Lobert)
While attorney's lack of diligence undoubtedly warranted some sanction, dismissal of adversary claim for lack of prosecution was too harsh, warranting reversal. |
Bankruptcy |
|
May 22, 2017 | |
|
15-17123
|
Olivas v. State of Nevada ex rel. Dept. of Corrections
Complaint against Nevada Dept. of Corrections and officers improperly dismissed because former prisoners are not subject to Prison Litigation Reform Act's screening requirement. |
Prisoners Rights |
|
May 22, 2017 | |
|
13-35474
|
United States v. Washington
Order |
|
May 22, 2017 | ||
|
F071338
|
People v. Fernandez
Juvenile adjudications may disqualify petitioner from Prop 47 resentencing relief, if conditions in Penal Code Section 667(d) are met. |
Criminal Law and Procedure |
|
May 22, 2017 | |
|
E065418
|
Van Audenhove v. Perry
On question of first impression, arrest without any formal charges will not support claim for malicious prosecution. |
Torts |
|
May 22, 2017 | |
|
G052947
|
Marriage of Minkin
Husband's requirement to pay portion of his 'annual bonus' to ex-wife include only discretionary payment based on performance and not all payments above base pay. |
Family Law |
|
May 22, 2017 | |
|
S241204
|
People v. Haro
Whether a trial court may rely on the facts of counts dismissed under a plea agreement to find the defendant ineligible for resentencing under the provisions of Proposition 36, and People v. Frierson, S236728 (#16-362), which concerns the standard of proof for such a finding of ineligibility for resentencing. |
|
May 19, 2017 | ||
|
B264885
|
People v. Roa
Expert witnesses may not testify to specific facts contained in defendant's medical and police records during sexually violent predator commitment proceeding, as documents not part of record. |
Criminal Law and Procedure |
|
May 19, 2017 | |
|
S241275
|
People v. Baughman
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? |
|
May 19, 2017 | ||
|
S241253
|
People v. Cotton
What is the value of an unused stolen debit card for the purpose of distinguishing between misdemeanor and felony receiving stolen property in violation of Penal Code section 496, subdivision (a)? |
|
May 19, 2017 | ||
|
S241262
|
People v. Cruder
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? |
|
May 19, 2017 | ||
|
S241173
|
People v. Flores
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? |
|
May 19, 2017 |
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