| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
H041608
|
Khan v. Shim
Defendant is not prevailing party in breach of contract and torts suit voluntarily dismissed by plaintiff as Civil Code Section 1717 prohibits prevailing party for voluntarily dismissed contract suits. |
Civil Procedure |
|
Jan. 2, 2017 | |
|
D068538
|
569 East County Boulevard LLC v. Backcountry Against the Dump Inc.
On rehearing, reduction of attorney fees awarded to prevailing party in anti-SLAPP motion is upheld where sufficient evidence supported court's decision. |
Anti-SLAPP |
|
Jan. 2, 2017 | |
|
A145279
|
In re Perez
Youth offender granted habeas relief where Board of Parole Hearings' parole denials were not indicative of his current dangerousness. |
Criminal Law and Procedure |
|
Jan. 2, 2017 | |
|
F070141
|
People v. Munguia
Occupied burglary enhancement appropriate for offense in which perpetrator entered home before owner did, as nonaccomplice does not need to be in home at beginning of offense for enhancement to apply. |
Criminal Law and Procedure |
|
Jan. 2, 2017 | |
|
A142793
|
Cal Fire Local 2881 v. California Public Employees’ Retirement System
Public employees do not have vested right to purchase airtime credit under a statute that was subsequently eliminated by Public Employees' Pension Reform Act of 2013. |
Government |
|
Jan. 2, 2017 | |
|
D068582
|
People v. Cady
On rehearing, appellate court upholds drunk driver's DUI convictions for DUI of alcohol and driving under the combined influence of alcohol and drug. |
Criminal Law and Procedure |
|
Jan. 2, 2017 | |
|
13-71778
|
Lkhagvasuren v. Lynch
Mongolian citizen properly denied asylum where he failed to demonstrate that purported persecutors were motivated by his whistleblowing activities or any government involvement. |
Immigration |
|
Jan. 2, 2017 | |
|
D069769
|
San Nicolas v. Harris
Defendant properly enrolled in California's sex offender tracking program based on his Washington conviction for communicating with a minor for immoral purposes. |
Criminal Law and Procedure |
|
Dec. 29, 2016 | |
|
14-16697
|
Kupfer v. Salma (In re Kupfer)
Statutory cap on landlord's claims against tenant in bankruptcy applies only to claims resulting directly from termination of lease, not collateral claims. |
Bankruptcy |
|
Dec. 29, 2016 | |
|
S228258
|
People v. Corpening
Defendant may not be sentenced for both robbery and carjacking as offenses both completed by same 'act' as defined under Penal Code Section 654. |
Criminal Law and Procedure |
|
Dec. 29, 2016 | |
|
S226645
|
County of Los Angeles Board of Supervisors v. Superior Court (ACLU of Southern California)
Legal billing invoices related to lawsuits filed against the County of Los Angeles are not categorically exempt from disclosure under the Public Records Act. |
Public Records Act |
|
Dec. 29, 2016 | |
|
G050759
|
Navigators Specialty Insurance Co. v. Moorefield Construction Inc.
Insured not required to pay portion paid by insured toward settlement that is attributable to attorney fees, costs of suit under supplementary payments provision. |
Insurance |
|
Dec. 28, 2016 | |
|
G052410
|
Flores v. Nature’s Best Distribution
Arbitration agreement lacking employer signature, description of included disputes, and definition of applicable arbitration rules is too ambiguous to compel binding arbitration in employment suit. |
Arbitration |
|
Dec. 28, 2016 | |
|
14-16812
|
Great Basin Resource Watch v. Bureau of Land Management
Bureau of Land Management's air impacts analysis of proposed molybdenum mining project in Nevada violates National Environmental Policy Act. |
Environmental Law |
|
Dec. 28, 2016 | |
|
D068657
|
County of San Diego v. Commission on State Mandates
County obligations to provide services under Sexually Violent Predator Act amended by Proposition 83 are still mandates from the Legislature, not the People, deserving reimbursement from state. |
Government |
|
Dec. 28, 2016 | |
|
B275282
|
McNair v. Superior Court (National Collegiate Athletic Association)
Trial court errs in accepting defendant's second peremptory challenge and disqualifying itself following denial of anti-SLAPP motion, where second challenge only permitted following final judgment. |
Anti-SLAPP |
|
Dec. 27, 2016 | |
|
13-17132
|
Teixeira v. County of Alameda
Order |
|
Dec. 27, 2016 | ||
|
14-35376
|
International Longshore and Warehouse Union v. Port of Portland
Order |
|
Dec. 27, 2016 | ||
|
14-16090
|
Davis v. Commonwealth Election Commission
Northern Mariana Islands' voting restrictions based on ancestral heritage violate Fifteenth Amendment, which prohibits voter right abridgment on bases of race. |
Civil Rights |
|
Dec. 27, 2016 | |
|
C078996
|
People v. Kindall
Sentencing court precluded from using prison priors that had been redesignated as misdemeanors to enhance sentence on defendant's current felony. |
Criminal Law and Procedure |
|
Dec. 26, 2016 | |
|
B268311
|
Integrated Dynamic Solutions Inc. v. VitaVet Labs Inc.
Preliminary injunction that changed status quo properly granted in this 'extreme case' given severe financial harm company would likely suffer absent injunction. |
Civil Procedure |
|
Dec. 26, 2016 | |
|
H037662
|
Driscoll v. Granite Rock Company
Company allowing employees to work through lunch in turn for extra pay does not violate 'Brinker' holding, requiring employees to relinquish control over employees during meal-time breaks. |
Employment Law |
|
Dec. 26, 2016 | |
|
14-72553
|
Helping Hand Tools v. USEPA
EPA grant of PSD to project intended to burn surplus lumber for heating purposes appropriate as use of solar power or increased natural gas would 'redefine' project. |
Environmental Law |
|
Dec. 26, 2016 | |
|
A147498
|
The Committee for Re-Evaluation of the T-Line Loop v. San Francisco Municipal Transportation Agency (Mitchell Engineering)
Substantial evidence supports City and County of San Francisco's determination that no further environmental impact report was required to complete 'T-Line Loop' light rail project. |
Environmental Law |
|
Dec. 26, 2016 | |
|
B245657
|
People v. Meraz
Reconsideration of confrontation clause challenges in light of the California Supreme Court's recent decision in 'People v. Sanchez' does not require reversal, resulting once again in affirmed judgments. |
Criminal Law and Procedure |
|
Dec. 22, 2016 | |
|
B270409
|
People v. Myles
Trial court errs in imposing crime lab analysis fee for drug offense not enumerated under Health and Safety Code Section 11372.5(a). |
Criminal Law and Procedure |
|
Dec. 22, 2016 | |
|
C081618
|
Gage v. Workers' Compensation Appeals Board
WCAB has jurisdiction to enforce penalty provision for unreasonable delay in paying advance disability pension through Labor Code Section 5814. |
Workers' Compensation |
|
Dec. 22, 2016 | |
|
A142866
|
Sagonowsky v. Kekoa
Family Code Section 271 sanctions awarded against ex-wife for driving up costs of litigation overturned because sanctions were unrelated to attorney fees and costs. |
Family Law |
|
Dec. 22, 2016 | |
|
S238001
|
T-Mobile West v. City and County of San Francisco
(1) Is a local ordinance regulating wireless telephone equipment on aesthetic grounds preempted by Public Utilities Code section 7901, which grants telephone companies a franchise to place their equipment in the public right of way provided they do not "incommode the public use of the road or highway or interrupt the navigation of the waters"? (2) Is such an ordinance, which applies only to wireless equipment and not to the equipment of other utilities, prohibited by Public Utilities Code section 7901.1, which permits municipalities to "exercise reasonable control as to the time, place and man |
|
Dec. 22, 2016 | ||
|
S238365
|
People v. Martinez
Does Proposition 47 ("the Safe Neighborhoods and Schools Act"), which reclassifies as a misdemeanor any grand theft involving property valued at $950 or less (Pen. Code, section 490.2), apply to theft of access card information in violation of Penal Code section 484e, subdivision (d)? |
|
Dec. 22, 2016 |