| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D069403
|
Soto v. Motel 6 Operating LP
California Labor Code section 226(a) does not require employers to include monetary value of accrued paid vacation time in employee wage statements until termination of employment. |
Labor Law |
|
Oct. 20, 2016 | |
|
E064273
|
People v. Sweeney
Gang enhancements under Pen. Code Section 186.22(b) do not necessarily prohibit felony reclassification under Prop 47 to misdemeanor. |
Criminal Law and Procedure |
|
Oct. 19, 2016 | |
|
G052218
|
Nava v. Saddleback Memorial Medical Center
Negligence action brought by patient who fell off gurney while at hospital properly barred as untimely, where one-year, rather than two-year, statute of limitations applies. |
Civil Procedure |
|
Oct. 19, 2016 | |
|
B269373
|
People v. Mitchell
Separate sentences for assault and robbery convictions barred by Pen. Code Section 654 as use of scissors in act render the two an 'indivisible transaction.' |
Criminal Law and Procedure |
|
Oct. 19, 2016 | |
|
14-56443
|
M.D. v. Newport-Mesa Unified School District
Motion for relief from judgment erroneously denied where two-day delay in filing amended complaint was excusable under 'Pioneer' factors. |
Civil Procedure |
|
Oct. 19, 2016 | |
|
10-56884
|
Ho v. ReconTrust Co.
Action properly dismissed where trustee of California deed of trust is not a 'debt collector' under Fair Debt Collection Practices Act. |
Consumer Law |
|
Oct. 19, 2016 | |
|
B266650
|
A.M. v. Ventura Unified School District
Minor's claim for liability against school district for childhood sex abuse is exempted from claims presentment requirement, warranting reversal of judgment in favor of school district. |
Civil Procedure |
|
Oct. 19, 2016 | |
|
F069243
|
People v. Reyes-Tornero
Penal Code Section 654 does not prohibit multiple punishment on multiple great bodily injury enhancements where several victims were involved. |
Criminal Law and Procedure |
|
Oct. 19, 2016 | |
|
B266350
|
Huang v. Bicycle Casino, Inc
Shuttle operated for select casino patrons may be subject to higher duty of care owed by operators of 'common carriers' in suit stemming from injury caused during boarding. |
Civil Procedure |
|
Oct. 19, 2016 | |
|
C074880
|
Jamison v. Dept. of Transportation
Imposing preliminary injunction on Caltrans interferes with its statutory duty to control encroachments upon state highway right-of-way, resulting in reversal in Caltrans favor. |
Remedies |
|
Oct. 19, 2016 | |
|
E055062
|
People v. Windfield
Murder convictions and sentences affirmed, with remand ordered for limited purpose of addressing juvenile sentencing issue in light of 'People v. Franklin.' |
Criminal Law and Procedure |
|
Oct. 19, 2016 | |
|
D068939
|
City of San Diego v. San Diegans for Open Government
Corporation that files answer in validation action knowing it is a suspended corporation is not entitled to attorney fees under Code of Civil Procedure section 1021.5. |
Civil Rights |
|
Oct. 18, 2016 | |
|
A141396
|
Robinson v. U-Haul Co. of California
Truck-rental company's past practice of pursuing non-compete covenants warrants permanent injunction barring practice in California. |
Remedies |
|
Oct. 18, 2016 | |
|
B259926
|
Walmart Stores Inc. v. United Food and Commercial Workers International Union
National Labor Relations Act does not preempt Walmart's trespass action against union for staging disruptive demonstrations inside Walmart stores. |
Administrative Agencies |
|
Oct. 17, 2016 | |
|
A148265
|
W.C., a Minor
Eighteen-year-old's request to reenter dependency jurisdiction and foster care properly denied because he was never adjudged a dependent of the juvenile court. |
Juveniles |
|
Oct. 17, 2016 | |
|
16-50097
|
U.S. v. Nixon
Appropriations rider has no impact on the ability of federal district court to restrict medical marijuana use as a condition of defendant's probation. |
Criminal Law and Procedure |
|
Oct. 17, 2016 | |
|
14-10277
|
U.S. v. Dowai
Challenge to authority of Northern Mariana Island District Court to hear federal criminal cases rejected, resulting in affirmance of convictions. |
Criminal Law and Procedure |
|
Oct. 17, 2016 | |
|
14-10251
|
United States v. Camez
Juvenile Delinquency Act does not prohibit jury from considering pre-majority conduct for conviction of participation in a criminal enterprise before and after turning 18. |
Criminal Law and Procedure |
|
Oct. 17, 2016 | |
|
11-99008
|
Visciotti v. Martel
Regardless of whether petitioner's ineffective assistance of counsel claim are meritorious, Supreme Court's prior decision in case at hand precludes relief. |
Criminal Law and Procedure |
|
Oct. 17, 2016 | |
|
B259704
|
Marriage of Nassimi
Family court erroneously finds ex-husband solely responsible for costs of lawsuit related to sale of community business involving claims omitted from couple's stipulated judgment of dissolution. |
Family Law |
|
Oct. 17, 2016 | |
|
C078491
|
Anderson Union High Sch. Dist. v. Shasta Secondary Home Sch.
Resource center operated by nonclassroom-based charter school must be within confines of charter-granting school district under Charter Schools Act. |
Education |
|
Oct. 17, 2016 | |
|
G052207
|
Nguyen v. Applied Medical Resources Corp
'Sandquist' requires arbitrator, not court, to decide availability of class arbitration, where employment contract is ambiguous on the question. |
Civil Procedure |
|
Oct. 17, 2016 | |
|
C073871
|
Wang v. Nibbelink
Landowner not liable for injury caused by recreational user's runaway horse to off-premises nonparticipant. |
Immunity |
|
Oct. 16, 2016 | |
|
C075126
|
United Auburn Indian Community v. Brown
Governor's concurrence with Department of Interior decision regarding Indian casino, execution of gaming compact not legislative act violating separation of powers doctrine. |
Native American Affairs |
|
Oct. 16, 2016 | |
|
A144252
|
T-Mobile West LLC v. City and County of San Francisco
San Francisco may regulate construction of telephone facilities based on aesthetic purposes under Public Utilities Code Section 7901. |
Municipal Law |
|
Oct. 16, 2016 | |
|
A145575
|
Building Industry Association v. City of San Ramon
City of San Ramon's establishment of community facilities district and imposition of special taxes complied with Mello-Roos Act, defeating lawsuit challenging the tax's validity. |
Government |
|
Oct. 16, 2016 | |
|
B276233
|
State of California v. Superior Court (Flynn)
Order compelling CHP to produce unredacted records containing personal information derived from CHP 180 forms erroneous in light of 'County of Los Angeles v. Superior Court (Anderson-Barker).' |
Public Records Act |
|
Oct. 16, 2016 | |
|
D068185
|
Union of Medical Marijuana Patients Inc. v. City of San Diego (California Coastal Commission)
City's ordinance regulating medical marijuana businesses is not 'project' within meaning of CEQA; therefore, city properly determined environmental analysis not required before enactment. |
Environmental Law |
|
Oct. 16, 2016 | |
|
D069729
|
R.L., a Minor
California court's order terminating parental rights upheld though it erroneously found 'home state' jurisdiction over child based on brief hospital stay in San Diego. |
Dependency |
|
Oct. 16, 2016 | |
|
C078158
|
California Public Records Research v. County of Yolo
Official records copying fee structure may include consideration of broader office overhead as 'indirect cost' under Gov. Code Section 27366. |
Administrative Agencies |
|
J. Renner | Oct. 16, 2016 |