| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
13-36194
|
In re New Investments Inc.
'Entz-White' ruling regarding cured default abrogated by 11 U.S.C. Section 1123 mandating that cured defaults be determined based on underlying agreement and applicable nonbankruptcy law. |
Bankruptcy |
|
Nov. 6, 2016 | |
|
13-36174
|
Matson v. United Parcel Service Inc.
Labor Management Relations Act does not preempt former UPS employee's state law gender-based hostile work environment claim where claim was not grounded in collective bargaining agreement. |
Labor Law |
|
Nov. 6, 2016 | |
|
A145278
|
P. ex rel. Dept. of Transportation v. Presidio etc. Arts Found.
Where party seeks compensation for business goodwill lost due to eminent domain action, no single method required in determining value of goodwill lost. |
Eminent Domain |
|
Nov. 6, 2016 | |
|
B267010
|
Goonewardene v. ADP LLC
Plaintiff should have been granted leave to amend complaint where she states claims for breach of contract based on third party beneficiary theory, negligence, and negligent misrepresentation. |
Business Law |
|
Nov. 6, 2016 | |
|
D068865
|
Strasner v. Touchstone Wireless Repair and Logistics LP
Texas employee's posting of plaintiff's private photo on Facebook account with numerous California 'friends' does not establish specific jurisdiction. |
Civil Procedure |
|
Nov. 6, 2016 | |
|
16-16698
|
Feldman v. Arizona Secretary of State’s Office
Order |
Voting Rights |
|
Nov. 6, 2016 | |
|
B255953
|
People v. Asbury
Imposition of time limitations for questioning of potential jurors does not warrant reversal of second degree murder conviction involving murder of former lover. |
Criminal Law and Procedure |
|
Nov. 3, 2016 | |
|
E063769
|
In re Marriage of Cassinelli
Trial court errs in awarding civilian spouse spousal support rather than damages following ex-husband's waiver of military retirement pay in favor of veteran's disability benefits. |
Family Law |
|
Nov. 3, 2016 | |
|
16-16698
|
Feldman v. Arizona Secretary of State’s Office
Order |
Voting Rights |
|
Nov. 3, 2016 | |
|
16-16865
|
Feldman v. Arizona Secretary of State’s Office
Arizona voting law mandating in-person ballots be cast at assigned precinct polling stations does not violate Section 2 of federal Voting Rights Act. |
Administrative Agencies |
|
Nov. 3, 2016 | |
|
D070365
|
In re M.Z.
Mother's boyfriend unsuccessful in challenging denial of his request to be declared third parent to mother's children due to lack of existing parent-child relationship. |
Juveniles |
|
Nov. 3, 2016 | |
|
C074539
|
City of San Jose v. Sharma
Successor agency of former development agency must provide tax increment revenue not subject to bond debt to County under passthrough agreement. |
Government |
|
Nov. 3, 2016 | |
|
D067267
|
People v. Guarneros
Car dealership owner who bilked California of sales tax revenues properly ordered to pay 15 percent in collection fees above the $310,360 restitution he must pay. |
Criminal Law and Procedure |
|
Nov. 3, 2016 | |
|
C074138
|
People v. Chavez
Penal Code Section 1203.4 provides exclusive method by which trial court can dismiss defendant's conviction following completion of his probation. |
Criminal Law and Procedure |
|
Nov. 3, 2016 | |
|
13-36067
|
Fredrickson v. Starbucks Corp.
Federal court lacks jurisdiction over baristas' action challenging legality of Starbucks' practice of withholding taxes from paychecks based on imputed cash tips they receive. |
Taxation |
|
Nov. 3, 2016 | |
|
E060028
|
People v. Scott
Guaranteed youth parole hearing renders juvenile offender's de facto life sentence constitutional, but remand nevertheless warranted in light of 'People v. Franklin.' |
Juveniles |
|
Nov. 2, 2016 | |
|
C081155
|
T.M., a Minor
Visitation to father properly denied where father exposed minor child to prolonged physical abuse and refused to change his behavior. |
Dependency |
|
Nov. 2, 2016 | |
|
C077823
|
Cameron v. Sacramento County Employees’ Retirement System
Plaintiff's application for service-connected disability retirement properly rejected as untimely. |
Employment Law |
|
Nov. 2, 2016 | |
|
14-15998
|
Sierra Club v. TRPA
Environmental impact analysis of planning update adopted by Tahoe Regional Planning Agency may be region-wide, localized impact considerations not required. |
Environmental Law |
|
Nov. 2, 2016 | |
|
A147073
|
People v. Chenelle
Alleged instructional error does not warrant reversal of caretaker's conviction for committing lewd and lascivious act on a dependant adult. |
Criminal Law and Procedure |
|
Nov. 2, 2016 | |
|
A146637
|
In re N.C.
Victim of human trafficking charged with prostitution wins reversal of order denying motion to exclude evidence regarding prostitution because such evidence barred under Evidence Code section 11661. |
Criminal Law and Procedure |
|
Nov. 2, 2016 | |
|
F071869
|
City of Bakersfield v. West Park Home Owners Association and Friends
Project financed by transportation fee and utility fee revenues not violative of State Constitution's prohibition on municipal debt without voter approval. |
Government |
|
Nov. 1, 2016 | |
|
B259375
|
1Drexler v. Petersen
Disputed issues of material fact regarding whether plaintiff discovered injury relating to undiagnosed brain tumor within statute of limitations requires reversal of summary judgment in doctors' favor. |
Civil Procedure |
|
Nov. 1, 2016 | |
|
A142388
|
Industrial Waste and Debris Box Service Inc. v. Murphy
Anti-SLAPP motion should have been granted in favor of waste management consultant whose statements regarding plaintiff's waste hauling business are protected under statute. |
Anti-SLAPP |
|
Oct. 31, 2016 | |
|
A142820
|
Drakes Bay Oyster Co. v. California Coastal Commission
Administrative agency's enforcement staff's assistance in litigation following conclusion of hearing does not constitute due process violation. |
Attorneys |
|
Oct. 31, 2016 | |
|
16-72275
|
Bundy v. District Court of Nevada (United States)
Chosen attorney's pattern of ethics proceedings, lack of candor supports district court's rejection of pro hac vice application involving high profile 'Bundy' criminal case. |
Attorneys |
|
Oct. 31, 2016 | |
|
A142424
|
People v. Stamps
Expert testimony identifying drug through online comparison inadmissible hearsay under 'People v. Sanchez.' |
Evidence |
|
Oct. 31, 2016 | |
|
16-16698
|
Feldman v. Arizona Secretary of State’s Office
Arizona voting bill that precludes individuals from collecting early ballots need not be enjoined as disproportionately and adversely impacting minorities. |
Voting Rights |
|
Oct. 31, 2016 | |
|
15-1194
|
Packingham v. North Carolina
Order |
|
Oct. 31, 2016 | ||
|
15-9260
|
Dean v. U.S.
Order |
|
Oct. 31, 2016 |