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Name Category Published
Sanchez v. Kern Emergency Medical Transportation Corp.
Summary judgment in favor of ambulance company affirmed, where plaintiff's expert witness' statements properly excluded and plaintiff cannot demonstrate triable issue of material fact.
Evidence Feb. 6, 2017
U.S. v. Lindsey
Order
Feb. 6, 2017
Mayes v. WinCo Holdings Inc.
Worker's gender discrimination claim revived where proffered evidence of supervisor's animus constituted direct and indirect evidence of pretext sufficient to overcome summary judgment.
Employment Law Feb. 6, 2017
Poublon v. C.H. Robinson Co.
Employer wins reversal of denial of motion to compel arbitration, where dispute resolution provision is not tainted with illegality and invalid portions can be severed.
Arbitration Feb. 6, 2017
Arizona Dream Act Coalition v. Brewer
Order
Feb. 6, 2017
M.R., a Minor
Parents' problematic use of alcohol placed children in substantial risk of harm although mother's arrest for drunk driving was only a one-time episode.
Dependency Feb. 3, 2017
People v. Garcia
Was defendant eligible for resentencing on the penalty enhancement for committing a new felony while released on bail on a felony drug offense even though the superior court had reclassified the conviction for the drug offense as a misdemeanor under the provisions of Proposition 47?
Feb. 3, 2017
People v. Medrano
In order to convict an aider and abettor of attempted willful, deliberate and premeditated murder under the natural and probable consequences doctrine, must a premeditated attempt to murder have been a natural and probable consequence of the target offense? In other words, should People v. Favor (2012) 54 Cal.4th 868 be reconsidered in light of Alleyne v. United States (2013) ___ U.S. ___ [133 S.Ct. 2151] and People v. Chiu (2014) 59 Cal.4th 155?
Feb. 3, 2017
People v. Pinkston
Does the definition of "unreasonable risk of danger to public safety" (Pen. Code, section 1170.18, subd. (c)) under Proposition 47 ("the Safe Neighborhoods and Schools Act") apply retroactively to resentencing under the Three Strikes Reform Act of 2012 (Pen. Code, section 1170.126)?
Feb. 3, 2017
Center for Biological Diversity v. EPA
In citizen suit alleging EPA failed to comply with Endangered Species Act consultation requirement regarding pesticides, dismissal reversed as to one category of sub-claims.
Environmental Law Feb. 3, 2017
Dixon v. Baker
Court improperly dismissed habeas case after amended petition raised unexhausted claims, as petitioner filed state claims pro se, lacking ability to understand technical requirements of exhaustion.
Prisoners Rights Feb. 3, 2017
Sharemaster v. U.S. Securities & Exchange Commission
SEC properly concludes that 'live' sanction is required for disciplinary action to be reviewable, but errs in concluding that penalty imposed on broker-dealer was not live.
Securities Feb. 3, 2017
People v. Johnson
Proposition 47 does not apply retroactively to allow for resentencing in cases in which enhancements were added for previous felony convictions later designated as misdemeanors.
Criminal Law and Procedure Feb. 3, 2017
Western Surety Co. v. La Cumbre Office Partners LLC
LLC bound by agreement signed by person despite misstated position and where third party was unaware of signer's lack of authority to execute agreement.
Corporations Feb. 3, 2017
People v. Lamb
Great bodily injury enhancement attached to conviction for felony assault is not barred by Penal Code section 12022.7(g).
Criminal Law and Procedure Feb. 3, 2017
OC Interior Services LLC v. Nationstar Mortgage LLC
Void default judgment is nullity for all purposes and title did not pass to purported bona fide purchaser free of first deed of trust.
Real Property Feb. 2, 2017
Hensley v. San Diego Gas & Electric Co.
Homeowners improperly precluded from presenting any evidence of emotional distress based on court's erroneous theory that those are somehow distinct from annoyance and discomfort damages.
Torts Feb. 2, 2017
Rincon EV Realty LLC v. CP III Rincon Towers, Inc.
California interest in protecting right to civil trial by jury trumps contractual waiver of right in loan agreement containing New York choice-of-law provision.
Contracts Feb. 2, 2017
Orange County Water District v. Public Employment Relations Board (Orange County Water District Employees Association)
Public agency unsuccessful in obtaining relief from decision determining it committed unfair practice by refusing to consent to agency shop election.
Government Feb. 2, 2017
Kalnoki v. First American Trustee Servicing Solutions LLC
Homeowners fail to overturn dismissal of their wrongful foreclosure action based on 'documentary fraud' especially where homeowners failed to establish prejudice.
Real Property Feb. 2, 2017
Van v. Language Line Services
Order denying motion to stay deposition not specific enough to be basis for contempt finding and sanctions award.
Civil Procedure Feb. 2, 2017
Ronald F. v. Dept. of Developmental Services (North Los Angeles Regional Center)
Doctrine of res judicata bars appellant's claim for benefits under Lanterman Developmental Disabilities Services Act.
Civil Procedure Feb. 2, 2017
People v. Hernandez
Did the trial court err by imposing an "electronics search condition" on the juvenile as a condition of his probation when that condition had no relationship to the crimes he committed but was justified on appeal as reasonably related to future criminality under People v. Olguin (2008) 45 Cal.4th 375 because it would facilitate the juvenile's supervision?
Feb. 2, 2017
In re D.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 section 1170.18)?
Feb. 2, 2017
U.S. v. Niebla-Torres
Defendant unsuccessful in challenging conspiracy conviction based on argument that government did not introduce sufficient evidence to corroborate his confession under corpus delicti doctrine.
Criminal Law and Procedure Feb. 1, 2017
Williamson v. Brooks
Damages do not exist against cotrustees in fiduciary duty breach case, as evidence suggests that beneficiary would have sold home even with greater information of contents of trust.
Probate and Trusts Feb. 1, 2017
Fulle v. Kanani
Statutory damage multiplier for trespass to timber apply to intangible noneconomic damages, including tree owner's annoyance and discomfort damages.
Torts Feb. 1, 2017
Montano v. The Wet Seal Retail Inc.
Nonseverable waiver of statutory representative action renders arbitration agreement unenforceable.
Arbitration Jan. 31, 2017
People v. Bichara
Failure to object to confession obtained after defendant told detectives he 'refused to talk' to them constitutes ineffective assistance of counsel, requiring reversal of murder conviction.
Criminal Law and Procedure Jan. 31, 2017
McGinnis v. Superior Court (People)
Motion for post-conviction discovery may not be denied solely due to habeas petitioner's inability to pay for copies of materials in advance.
Criminal Law and Procedure Jan. 30, 2017