| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S241248
|
People v. Geray
Is a defendant eligible for resentencing on the penalty enhancement for serving a prior prison term on a felony conviction after the superior court has reclassified the underlying felony as a misdemeanor under the provisions of Proposition 47? |
|
May 19, 2017 | ||
|
B265267
|
Kinney v. Clark
Frivolous appeal dismissed and expanded prefiling order and sanctions imposed on vexatious litigant. |
Civil Procedure |
|
May 19, 2017 | |
|
S241323
|
People v. Cervantes
Are juvenile offenders convicted in adult court before the effective date of Proposition 57 entitled to a fitness hearing in juvenile court before sentencing? (See also People v. Superior Court (Lara), S241231.) |
|
May 19, 2017 | ||
|
17-15499
|
Broadway Grill Inc. v. Visa Inc.
'Benko' does not allow plaintiff to defeat CAFA's minimal diversity requirement by amending complaint to completely alter class definition. |
Civil Procedure |
|
May 19, 2017 | |
|
16-15277
|
Nordstrom v. Ryan
Arizona Department of Corrections' policy of reading inmates' outgoing legal mail violates Sixth and First Amendments. |
Prisoners Rights |
|
May 19, 2017 | |
|
15-55806
|
Defenders of Wildlife v. Zinke
Summary judgment properly granted in federal defendants' favor in action challenging approval of right-of-way over federal land based on possible impact on desert tortoise. |
Environmental Law |
|
May 19, 2017 | |
|
14-35689
|
Spencer v. Peters
Father prevails in deliberate fabrication of evidence claim against detective responsible for his nearly two decades in prison for crime he did not commit. |
Civil Rights |
|
May 19, 2017 | |
|
S240649
|
Flo and Eddie v. Pandora Media
Under section 980(a)(2) of the California Civil Code, do copyright owners of pre-1972 sound recordings that were sold to the public before 1982 possess an exclusive right of public performance? If not, does California's common law of property or tort otherwise grant copyright owners of pre-1972 sound recordings an exclusive right of public performance? |
|
May 19, 2017 | ||
|
S241231
|
People v. Superior Court (Lara)
Are the provisions of Proposition 57 that eliminated the direct filing of certain juvenile cases in adult court applicable to cases already filed? (See also People v. Cervantes, S241323.) |
Juveniles |
|
May 19, 2017 | |
|
F070609
|
People v. Marquez
Juvenile homicide offender not entitled to procedural changes brought on by passage of Prop. 57, which eliminated 'direct filing' of serious felony cases in adult court. |
Criminal Law and Procedure |
|
May 18, 2017 | |
|
C079617
|
Hardesty v. State Mining and Geology Board
Landowner with federal mining patents unsuccessful in overturning State Mining and Geology Board's finding that he did not have grandfathered right to surface mine. |
Real Property |
|
May 18, 2017 | |
|
A147910
|
People v. Hudson
Appellant unsuccessful in challenging the definition of 'force' that found the momentum of a stolen car satisfied the statutory requirement. |
Criminal Law and Procedure |
|
May 18, 2017 | |
|
15-17256
|
Davies v. Benov
Waiver provision in plea agreement bars challenge to use of federal funds to incarcerate defendant for conduct that allegedly complied with California's medical marijuana laws. |
Criminal Law and Procedure |
|
May 18, 2017 | |
|
14-35786
|
Alliance for the Wild Rockies v. Bradford
Plaintiffs unsuccessful in challenging U.S. Forest Service's construction of 4.7 miles of new roads in Montana forest, where new roads do not violate forest plan. |
Environmental Law |
|
May 18, 2017 | |
|
S240918
|
Samara v. Matar
When a trial court grants a summary judgment motion on two alternative grounds, and the Court of Appeal affirms the judgment on only one ground and expressly declines to address the second, does the affirmed judgment have preclusive effect as to the second ground? |
|
May 18, 2017 | ||
|
S240818
|
Atascadero Glass v. Bush
May a contractor withhold retention payments when there is a good faith dispute of any kind between the contractor and a subcontractor, or only when the dispute relates to the retention itself? |
|
May 18, 2017 | ||
|
15-15809
|
Elliott v. Google Inc.
GOOGLE mark has not fallen victim to 'genericide' to warrant cancellation of trademark despite to public's widespread use of the term as a verb. |
Intellectual Property |
|
May 17, 2017 | |
|
H042144
|
People v. Edwards
Defendant unsuccessful in challenging use of suppressed statements during sanity phase of trial to impeach experts on cross-examination. |
Criminal Law and Procedure |
|
May 17, 2017 | |
|
D070495
|
Marriage of Grissom
Domestic violence restraining order properly denied where applicant was initial aggressor and alleged abuser was merely defending himself from her aggressive actions. |
Family Law |
|
May 17, 2017 | |
|
G052872
|
Garcia v. Pexco LLC
Nonsignatory to arbitration agreement may compel arbitration of employment dispute for claims covered under agreement pursuant to doctrines of equitable estoppel and agency. |
Arbitration |
|
May 17, 2017 | |
|
H042740
|
Krechuniak v. Noorzoy
Brother fails to overturn trial court's order granting Sister's motion to enforce settlement agreement, where issue raised on appeal was subject to forfeiture. |
Contracts |
|
May 16, 2017 | |
|
A148307
|
In re A.V.
Under Welfare and Institutions Code Section 786, upon finding that ward satisfactorily completes probation, juvenile court must seal, as well as dismiss, petition. |
Juveniles |
|
May 16, 2017 | |
|
F071737
|
People v. Zamora
Defendant's juvenile adjudication for sexual battery is not a prior conviction disqualifying him from misdemeanor sentencing on current drug possession offense under Proposition 47. |
Criminal Law and Procedure |
|
May 16, 2017 | |
|
15-1031
|
Howell v. Howell
States may not order indemnification to non-military divorced spouse for reduction in military retirement pay caused by veteran's waiver of pay made to obtain disability benefits. |
Family Law |
|
May 16, 2017 | |
|
16-348
|
Midland Funding LLC v. Johnson
Debt collector's filing of proof of claim on time-barred debt does not fall within scope of the Fair Debt Collection Practices Act. |
Bankruptcy |
|
May 16, 2017 | |
|
16-32
|
Kindred Nursing Centers LP v. Clark
Federal Arbitration Act preempts Kentucky state rule that requires express authorization from principal before agent may waive principal's right to access court or jury trial. |
Arbitration |
|
May 16, 2017 | |
|
16-1054
|
S.D. v. Haddon Heights Bd. of Education
Order |
|
May 16, 2017 | ||
|
15-30022
|
U.S. v. Olson
To secure conviction of misprision of felony, government must prove that defendant knew principal's conduct was a felony. |
Criminal Law and Procedure |
|
May 16, 2017 | |
|
G052575
|
In re Campbell
Habeas relief overturned in case involving Orange County Superior Court's hotly-disputed expedited habeas procedure where trial court granted relief without first issuing OSC. |
Criminal Law and Procedure |
|
May 16, 2017 | |
|
15-56848
|
S.B. v. County of San Diego
Officers immune from excessive force claim filed by heirs of mentally unstable man, despite material inconsistencies in officers' deposition statements regarding deadly shooting. |
Civil Rights |
|
May 15, 2017 |
For reprint rights or to purchase a copy of your Daily Journal photo, email Jeremy_Ellis@dailyjournal.com for prices or call 213-229-5424. To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com