| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S237560
|
People v. Hernandez
Order |
|
Nov. 10, 2016 | ||
|
S237587
|
People v. Hubert
Order |
|
Nov. 10, 2016 | ||
|
S237775
|
In Re T.M.
Order |
|
Nov. 10, 2016 | ||
|
S237494
|
People v. Medina
Order |
|
Nov. 10, 2016 | ||
|
S231489
|
Harris v. Superior Court (People)
People not entitled to set aside plea agreement and reinstate dismissed counts where defendant seeks recall and resentencing relief under Proposition 47. |
Criminal Law and Procedure |
|
Nov. 10, 2016 | |
|
16-15411
|
U.S. v. McCandless
Federal prisoner not entitled to mandamus relief challenging district court's refusal to grant motion for bail because he cannot demonstrate clear legal error. |
Criminal Law and Procedure |
|
Nov. 10, 2016 | |
|
15-10272
|
United States v. Finazzo
Government assent to lowered sentencing recommendation by probation office does not constitute motion meriting downward variance at resentencing. |
Criminal Law and Procedure |
|
Nov. 10, 2016 | |
|
B267352
|
In re Anthony Q.
Juvenile court's error in citing incorrect statutory provision to order child removed from father's physical custody is harmless given broad grant of authority under other provisions. |
Juveniles |
|
Nov. 9, 2016 | |
|
G050718
|
Perez v. City of Westminster
Removal from SWAT and Honor Guard assignments not 'punitive action' under Public Safety Officers Procedural Bill of Rights. |
Employment Law |
|
Nov. 9, 2016 | |
|
11-60039
|
Ozenne v. Chase Manhattan Bank (In re Ozenne)
Bankruptcy Appellate Panel lacks jurisdiction to consider debtor's petition because writ of mandamus cannot substitute for a timely appeal. |
Bankruptcy |
|
Nov. 9, 2016 | |
|
C079614
|
East Sacramento Partnership for a Livable City v. City of Sacramento (Encore McKinley Village LLC)
City of Sacramento's certification and approval of residential project overturned where environmental impact report was deficient on issue of traffic impacts. |
Environmental Law |
|
Nov. 8, 2016 | |
|
H043114
|
In re Guiomar
Trial court has jurisdiction to alter sentences for convictions not altered by Proposition 47 in determining length of aggregate sentence. |
Criminal Law and Procedure |
|
Nov. 8, 2016 | |
|
H042889
|
People v. Martinez
Felony 'receipt for goods' forgery does not qualify for redesignation as misdemeanor under Proposition 47. |
Criminal Law and Procedure |
|
Nov. 8, 2016 | |
|
D069561
|
San Diegans for Open Government v. City of Oceanside
City council agenda note for consideration of proposed hotel project meets requirements of Brown Act by referencing development of city property and subsidy possibilities. |
Government |
|
Nov. 8, 2016 | |
|
15-10103
|
U.S. v. Lucas
Defendant has no right to discovery of information he contends will support his motion to dismiss indictment absent showing of materiality. |
Criminal Law and Procedure |
|
Nov. 8, 2016 | |
|
16-149
|
Coventry Health Care of Missouri v. Jodie Nevils
(1) Whether FEHBA preempts state laws that prevent carriers from seeking subrogation or reimbursement pursuant to their FEHBA contracts; (2) Whether FEHBA's express-preemption provision, 5 U.S.C. section 8902(m)(l), violates the Supremacy Clause. |
|
Nov. 7, 2016 | ||
|
S225109
|
Maas v. Superior Court (People)
Habeas petitioner may peremptory challenge judge assigned to assess his habeas petition under Code of Civil Procedure Section 170.6 even before an OSC has been issued. |
Criminal Law and Procedure |
|
Nov. 7, 2016 | |
|
14-10452
|
U.S. v. Benally
Defendant's conviction for using a firearm in connection with a 'crime of violence' overturned in light of 'Leocal' and 'Fernandez-Ruiz.' |
Criminal Law and Procedure |
|
Nov. 7, 2016 | |
|
F071282
|
People v. Mary H.
Defendant subjected to psychiatric hold under Welfare and Institutions Code section 5150 unsuccessful in overturning five-year firearms ban. |
Constitutional Law |
|
Nov. 7, 2016 | |
|
D070447
|
Tun v. Wells Fargo Dealer Services
Offer of tender and deposit with court by defendant not admission of guilt or liability under Civil Code Section 2983.4. |
Civil Procedure |
|
Nov. 7, 2016 | |
|
B268416
|
Estate of Dayan
In dispute over mother's real property, probate court does not err in denying son's petition seeking conveyance of property and in finding his brother owns one-third interest. |
Probate and Trusts |
|
Nov. 6, 2016 | |
|
B234271
|
Nickerson v. Stonebridge Life Insurance Co.
On remand, court upholds remittitur of $19 million punitive damages award to $475,000, including 'Brandt' fees that were not previously considered in fixing ratio. |
Insurance |
|
Nov. 6, 2016 | |
|
H040776
|
ZF Micro Devices v. TAT Capital Partners
Statute of limitations tolling applies to both compulsory and permissive cross-complaints under pre-1971 case law. |
Civil Procedure |
|
Nov. 6, 2016 | |
|
A145945
|
People v. Hannon
Victim of embezzlement has right to submit victim impact statement on appeal but may not raise new legal issues or facts. |
Constitutional Law |
|
Nov. 6, 2016 | |
|
A145428
|
Millview Co. Water Dist. v. State Water Resources Control Board
Litigation securing appellate opinion on water rights does not merit private attorney general attorney fees as claimants' million dollar stakes do not 'transcend personal interest.' |
Attorneys |
|
Nov. 6, 2016 | |
|
16A451
|
Arthur v. Dunn
Order |
|
Nov. 6, 2016 | ||
|
16-16865
|
Feldman v. Arizona Secretary of State’s Office
Order |
Government |
|
Nov. 6, 2016 | |
|
14-56866
|
Armani v. Northwestern Mutual Life Insurance Co.
Employee injured on job successfully overturns denial of long term disability benefits where district court erroneously upholds insurer's determination that employee could perform sedentary work. |
Employment Law |
|
Nov. 6, 2016 | |
|
14-56650
|
Move v. Citigroup Global Markets
Equitable tolling available under the Federal Arbitration Act; where party relies on arbitration panelist's egregiously falsified credentials, vacatur is merited. |
Arbitration |
|
Nov. 6, 2016 | |
|
14-16458
|
Brown v. Rawson-Neal Psychiatric Hospital
Appellate court declines to exercise discretion to consider psychiatric patient's appeal over dismissal of federal claims against Nevada hospital on grounds of waiver. |
Civil Procedure |
|
Nov. 6, 2016 |