| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B270826
|
Beck v. Stratton
Where civil case is unlimited rather than limited, 60-day rather than 30-day time limit applies, rendering attorney fee motion timely. |
Civil Procedure |
|
Mar. 10, 2017 | |
|
15-56034
|
Zanowick v. Baxter Healthcare Corp.
Federal rule of civil procedure requiring dismissal of action after failure to substitute new party within 90-days of notice of original party's death does not mandate dismissal with prejudice. |
Civil Procedure |
|
Mar. 10, 2017 | |
|
B268459
|
Shanks v. Dept. of Transportation
Trial court's failure to conduct adequate inquiry into allegations against juror before discharging her is abuse of discretion requiring remand on issue of apportionment of fault. |
Civil Procedure |
|
Mar. 10, 2017 | |
|
C073188
|
People v. Villa-Gomez
Evidence regarding defendant's gang membership obtained during booking for immigration hold permissible under <EM>Innis</EM> in criminal case as information was obtained before criminal act. |
Criminal Law and Procedure |
|
Mar. 10, 2017 | |
|
H043104
|
Christian S., a Minor
Minor fails to overturn victim restitution order by asserting 'Arbuckle' right because right does not apply to all juvenile court proceedings. |
Juveniles |
|
Mar. 10, 2017 | |
|
12-55911
|
Cuero v. Cate
Order |
|
Mar. 9, 2017 | ||
|
13-72682
|
Bringas-Rodriguez v. Sessions
In en banc reversal, Mexican citizen raped repeatedly as a child for being gay establishes presumption past persecution for purposes of asylum hearing. |
Immigration |
|
Mar. 9, 2017 | |
|
15-10246
|
U.S. v. Pollard
Forfeiture is proper when conviction for aggravated identity theft is premised on a proven or admitted violation of predicate offense that is enumerated in civil forfeiture statute. |
Criminal Law and Procedure |
|
Mar. 9, 2017 | |
|
15-17352
|
Somers v. Digital Realty Trust Inc.
Dodd-Frank Act's anti-retaliation provision is not limited to whistleblowers who report to the SEC, but also provide protection to those who report internally. |
Administrative Agencies |
|
Mar. 9, 2017 | |
|
A143640
|
City of Crescent City v. Reddy
Receiver properly appointed where motel owner failed to comply with stipulated judgment requiring owner to cure various building code violations. |
Civil Procedure |
|
Mar. 9, 2017 | |
|
B275728
|
In re Alayah J.
Although juvenile court errs by terminating parental rights without first considering mother's section 388 petition, termination upheld where there is no miscarriage of justice. |
Juveniles |
|
Mar. 9, 2017 | |
|
B266889
|
People v. Garcia
Jury's gang enhancement true finding is supported by sufficient evidence, given substantial evidence that larger gang is comprised of two gang subsets. |
Criminal Law and Procedure |
|
Mar. 8, 2017 | |
|
E064326
|
Betancourt v. Prudential Overall Supply
Challenge to pleadings, not motion to compel arbitration, is proper procedural move for defendant employer that believes PAGA suit contains individual, non-PAGA claims. |
Arbitration |
|
Mar. 8, 2017 | |
|
15-55896
|
Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District
Agua Caliente Band of Cahuilla Indians holds federally reserved water rights to appurtenant water sources, including groundwater, pursuant to the 'Winters' doctrine. |
Native American Affairs |
|
Mar. 8, 2017 | |
|
15-10450
|
U.S. v. Sims
Special condition of supervised release which prohibits defendant from using synthetic forms of marijuana survives vagueness challenge. |
Criminal Law and Procedure |
|
Mar. 8, 2017 | |
|
14-55461
|
Desert Water Agency v. U.S. Department of the Interior
California political subdivision lacks standing to sue federal agency, as disputed federal regulation offers interpretation of existing law and does not preempt state taxes on non-Indians living on tribal land. |
Native American Affairs |
|
Mar. 8, 2017 | |
|
14-17090
|
In re Tenderloin Health
In preference action, trustee in bankruptcy successfully recovers for bankruptcy estate loan payment debtor made to bank by satisfying 'greater amount test.' |
Bankruptcy |
|
Mar. 8, 2017 | |
|
B266931
|
Dr. Leevil LLC v. Westlake Health Care Center
Purchaser of foreclosed property may evict occupant by serving notice to quit even if title had yet to be perfected at time of service. |
Real Property |
|
Mar. 8, 2017 | |
|
A137121
|
People v. Vega-Robles
Though admission of some of gang experts' testimony violated 'Sanchez,' error was harmless given abundant evidence of defendant's gang membership and leadership status. |
Criminal Law and Procedure |
|
Mar. 8, 2017 | |
|
15-606
|
Peña-Rodriguez v. Colorado
Supreme Court recognizes exception to no-impeachment rule, which shields jury deliberations from further inquiry, where there are allegations of overt racial bias by juror. |
Constitutional Law |
|
Mar. 7, 2017 | |
|
15-8544
|
Beckles v. United States
United States Sentencing Guidelines are not subject to vagueness challenges under Due Process Clause, resolving conflict regarding applicability of 'Johnson v. United States.' |
Criminal Law and Procedure |
|
Mar. 7, 2017 | |
|
16-6316
|
Rippo v. Baker
Petitioner asserting bias claim involving trial judge that was being federally investigated for bribery need not show actual bias to warrant judge's recusal. |
Criminal Law and Procedure |
|
Mar. 7, 2017 | |
|
16-273
|
Gloucester County School Board v. G.G.
If the Auer doctrine is retained, should deference extend to an unpublished agency letter that, among other things, does not carry the force of law and was adopted in the context of the very dispute in which deference is sought? With or without deference to the agency, should the Dept. of Education's specific interpretation of Title IX and 34 C.F.R. § 106.33 be given effect? |
|
Mar. 7, 2017 | ||
|
C072355
|
People v. Lara
Circumstantial evidence placing defendant in location of homicide does not support conviction for first degree murder as an abettor. |
Criminal Law and Procedure |
|
Mar. 7, 2017 | |
|
S230510
|
J.M. v. Huntington Beach Union High School District
Minor's suit against school district barred because of failure to comply with requirements of Government Claims Act. |
Government |
|
Mar. 7, 2017 | |
|
C078041
|
People v. Shorts
Evidence from prior sexual offense in which defendant forced victim to perform sexual acts at gunpoint appropriately admitted in sexual offense case similar to prior conviction. |
Criminal Law and Procedure |
|
Mar. 7, 2017 | |
|
A148171
|
T.W., a Minor
Disposition order finding that reasonable services were provided to Father warrants reversal where Father was provided only one telephone visit despite request for more frequent visits. |
Dependency |
|
Mar. 7, 2017 | |
|
C079790
|
Flake v. Neumiller & Beardslee
Malpractice action is time-barred where it was filed more than one year after attorney filed motion to withdraw, but within one year of court's granting of that motion. |
Attorneys |
|
Mar. 6, 2017 | |
|
B269525
|
City of Los Angeles v. Superior Court (Anderson-Barker)
Civil Discovery Act Applies to petitions brought under California Public Records Act as actions are special proceedings and civil in nature. |
Civil Procedure |
|
Mar. 6, 2017 | |
|
F072324
|
California State University, Fresno Association Inc. v. County of Fresno
Procedural time limit to file claim for refund of property taxes is not affected by date disputed taxes are paid. |
Taxation |
|
Mar. 6, 2017 |