| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D069899
|
People v. Flores
Aider and abettor liability through natural and probable consequences is proper for nontarget offense of torture. |
Criminal Law and Procedure |
|
Aug. 24, 2016 | |
|
B262866
|
People v. Hronchak
Court may impose confinement exceeding maximum allowed for misdemeanor offenses to defendant who was resentenced, given supervised parole under Prop. 47 and thereafter violated parole. |
Criminal Law and Procedure |
|
Aug. 24, 2016 | |
|
H042652
|
In re Mancillas
Pen. Code Section 1203.2a applies to defendants whose probation has been summarily revoked, barring jurisdiction for court that did not issue order within proper time limit. |
Prisoners Rights |
|
Aug. 24, 2016 | |
|
15-55909
|
American Hotel and Lodging Association v. City of Los Angeles
Hotel associations unsuccessful in challenging city wage ordinance setting increased wages for hotel workers where ordinance not preempted by National Labor Relations Act. |
Municipal Law |
|
Aug. 24, 2016 | |
|
15-56556
|
Brotherhood of Maintenance of Way Employes Division/IBT v. BNSF Railway Inc.
'ConRail' and Railway Labor Act's major/minor test applies to labor dispute against railway alleging retaliation, and properly categorized as 'minor' subject to mandatory arbitration. |
Labor Law |
|
Aug. 24, 2016 | |
|
14-72161
|
Shea Homes Inc. and Subsidiaries v. Commissioner of Internal Revenue
Commissioner of Internal Revenue unsuccessful in challenging tax court's determination that home-developer-taxpayers used proper accounting method that clearly reflects their income. |
Taxation |
|
Aug. 24, 2016 | |
|
D069257
|
A.B., a Minor
Father's parental rights properly terminated under Family Code Section 7822 where father made only token efforts to communicate with child for well over one-year period. |
Family Law |
|
Aug. 24, 2016 | |
|
B263945
|
Randall v. Mousseau
Court abuses discretion in denying plaintiff's motion for a settled statement and consequently, her right to appeal, but failure to seek timely review renders issue forfeited. |
Civil Procedure |
|
Aug. 24, 2016 | |
|
B268420
|
Esparza v. Sand & Sea Inc.
Signed acknowledgment of receipt and review of employee handbook containing arbitration agreement section does not constitute assent to arbitration agreement. |
Arbitration |
|
Aug. 23, 2016 | |
|
B267941
|
Morris Silver M.D. Inc. v. International Longshore and Warehouse Union – Pacific Maritime Association Welfare Plan
Third-party medical provider's contract and quasi-contract claims against ERISA-regulated employee welfare benefit plan not preempted, resulting in reversal of dismissal. |
Health Care |
|
Aug. 23, 2016 | |
|
B265769
|
Mitchell v. California Dept. of Health
Equitable tolling applies to revive former state employee's racial discrimination action under FEHA that trial court erroneously disposed of via demurrer. |
Employment Law |
|
Aug. 23, 2016 | |
|
15-16598
|
Welch v. Brown
California law prohibiting state-licensed mental health providers from engaging in 'sexual orientation change efforts' with minor patients do not violate Religious Clauses of the Constitution. |
Civil Rights |
|
Aug. 23, 2016 | |
|
14-55854
|
In re Berkeley Delaware Court, LLC
Bankruptcy Code Section 363 applies to sale of legal claims of an estate, barring challenge on appeal without successful petition for stay of sale pending appeal. |
Bankruptcy |
|
Aug. 23, 2016 | |
|
14-16405
|
Tompkins v. 23andMe Inc.
Motion to compel arbitration properly granted where none of challenged portions of arbitration provision render arbitration provision unconscionable under California law. |
Arbitration |
|
Aug. 23, 2016 | |
|
13-71127
|
Ortega-Lopez v. Lynch
Misdemeanant convicted of participating in cockfighting is not automatically ineligible for relief from removal because cockfighting is not a categorical crime involving moral turpitude. |
Immigration |
|
Aug. 23, 2016 | |
|
B257245
|
People v. Miranda
Assault of inmate in Los Angeles County Jail merits gang enhancement as evidence supports fact that perpetrators were members of criminal organization known as 'Southside gang.' |
Criminal Law and Procedure |
|
Aug. 23, 2016 | |
|
C078369
|
Greco v. Greco
Motion to strike properly denied where sister's claims alleging brother's wrongful taking from parents' trust and estates is not protected activity under anti-SLAPP law. |
Anti-SLAPP |
|
Aug. 23, 2016 | |
|
B263353
|
Phillips v. Campbell
Restraining order properly issued against cyclist based on finding that dating relationship existed between him and his victim though both denied ever 'dating' each another. |
Family Law |
|
Aug. 23, 2016 | |
|
S223129
|
People v. Rodriguez
Trial court must take 'reasonable steps in good faith' to ensure judge who hears initial suppression of evidence motion hears subsequent suppression motions. |
Criminal Law and Procedure |
|
Aug. 22, 2016 | |
|
S222620
|
People v. Rinehart
State's moratorium on mining technique known as suction dredging is not preempted by federal law promoting mining on federal land. |
Constitutional Law |
|
Aug. 22, 2016 | |
|
S076339
|
People v. Grimes
California Supreme Court clarifies application of against-interest hearsay exception and overturns defendant's death judgment while keeping intact murder conviction and special circumstances findings. |
Criminal Law and Procedure |
|
Aug. 22, 2016 | |
|
14-56120
|
Libery Surplus v. Ledesma & Meyer Const.
Order |
|
Aug. 22, 2016 | ||
|
13-17500
|
In re Del Biaggio
Under 11. U.S.C. Section 510(b), damages claim of individual debtor subordinate to other claims senior to or equal to it. |
Bankruptcy |
|
Aug. 22, 2016 | |
|
13-16599
|
Morris v. Ernst & Young LLP
Ernst & Young may not enforce 'concerted action waiver' that interferes with employees' substantive federal right to act together as protected under National Labor Relations Act. |
Labor Law |
|
Aug. 22, 2016 | |
|
S234901
|
Campaign for Quality Education v. State of California
Order |
Constitutional Law |
|
Aug. 22, 2016 | |
|
S234741
|
Vergara v. State of California (California Teachers Association)
Order |
Education |
|
Aug. 22, 2016 | |
|
B266704
|
People v. Newman
Defendant ineligible for resentencing under Prop. 36 where record of conviction showed he intended to cause great bodily injury, a disqualifying factor. |
Criminal Law and Procedure |
|
Aug. 21, 2016 | |
|
A141625
|
East Bay Regional Park District v. Griffin
Dismissal of appeal over trustee's distribution of trust assets pursuant to valid orders of the probate court required where no relief is available to appellant. |
Probate and Trusts |
|
Aug. 21, 2016 | |
|
A145604
|
California American Water Co. v. Marina Coast Water District
Monterey County Water Resources Agency's attempt to judicially void agreement due to financial conflict of interest not limited by 60-day statute of limitations due to public agency status. |
Contracts |
|
Aug. 21, 2016 | |
|
15-16021
|
Jamul Action Committee v. Chaudhuri
Approval of gaming ordinance does not require environmental review under NEPA where irreconcilable statutory conflict existed between NEPA and Indian Gaming Regulatory Act. |
Native American Affairs |
|
Aug. 21, 2016 |