| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A144196
|
People v. Chatman
Statutory distinctions in Penal Code Section 4852.01 that render subsequently-incarcerated former felony probationers ineligible for certificate of rehabilitation, but not former felony prisoners, violate equal protection. |
Criminal Law and Procedure |
|
Aug. 17, 2016 | |
|
A146704
|
People v. Lynch
Sex offender prohibition for residency near school or park under Section 3003.5 applies to parolees, not to those on probation. |
Criminal Law and Procedure |
|
Aug. 17, 2016 | |
|
15-10117
|
U.S. v. McIntosh
Following denial of injunctions, defendant-appellants win remand based on congressional appropriations rider prohibiting DOJ from spending funds to prevent states' implementation of medical marijuana laws. |
Criminal Law and Procedure |
|
Aug. 17, 2016 | |
|
15-10051
|
U.S. v. Mendoza-Padilla
Manslaughter, as defined under Florida law, is not crime of violence under United States Sentencing Guidelines, resulting in vacated sentence and remand for resentencing. |
Criminal Law and Procedure |
|
Aug. 17, 2016 | |
|
B264284
|
Santa Clarita Organization for Planning and the Environment v. Castaic Lake Water Agency
Public water agency does not violate state constitution in acquisition of stock in retail water purveyor. |
Constitutional Law |
|
Aug. 17, 2016 | |
|
D068439
|
People v. Hudson
Impostor fails to establish eligibility for resentencing of his second degree burglary and forgery convictions to misdemeanors under Prop. 47. |
Criminal Law and Procedure |
|
Aug. 17, 2016 | |
|
B258033
|
La Mirada Ave. Neighborhood Assn v. City of Los Angeles (Target Corporation)
Appeal of mandated cessation of Target building construction mooted by subsequent amendment of city building and development regulations initiated by appellant. |
Municipal Law |
|
Aug. 17, 2016 | |
|
12-56650
|
Reyes v. Lewis
Postwarning confession must be suppressed where police officers violate 'Missouri v. Seibert.' |
Criminal Law and Procedure |
|
Aug. 17, 2016 | |
|
B265488
|
St. John of God Retirement & Care Center v. Dept. of Health Care Services (Woods)
Care agency required to readmit resident upon first availability of open bed under 42 Fed. Code of Regulations Section 483.12 despite hospital transfer order from contracted physician. |
Health Care |
|
Aug. 17, 2016 | |
|
B262429
|
People v. Medelez
Defendant properly convicted under 'special' luring statute and 'general' attempt statute involving minor he met at work whom he attempted to engage in oral sex with. |
Criminal Law and Procedure |
|
Aug. 17, 2016 | |
|
A143786
|
Young v. REMX, Inc.
'Death knell' doctrine inapplicable, rendering order staying and bifurcating plaintiff's representative PAGA claim nonappealable. |
Labor Law |
|
Aug. 17, 2016 | |
|
C081228
|
S.N., a Minor
Juvenile court's failure to obtain valid waiver of Mother's right to contested jurisdictional hearing does not warrant reversal of orders adverse to Mother. |
Dependency |
|
Aug. 17, 2016 | |
|
E063687
|
People v. Abarca
Banks are considered commercial establishments for purposes of newly enacted misdemeanor shoplifting statute under Penal Code Section 459.5. |
Criminal Law and Procedure |
|
Aug. 16, 2016 | |
|
H041563
|
Friends of the Willow Glen Trestle v. City of San Jose
In case challenging city's determination that wooden railroad bridge is not 'historical resource,' application of incorrect standard of judicial review results in reversal and remand. |
Environmental Law |
|
Aug. 16, 2016 | |
|
A135335
|
California Building Industry Association v. Bay Area Air Quality Management District
Receptor thresholds adopted by Bay Area air quality public agency not permissible as 'matter of course' in evaluating proposed receptor projects. |
Environmental Law |
|
Aug. 16, 2016 | |
|
15-30023
|
U.S. v. Romero
Speedy Trial Act ruling affirmed where trial court properly excludes all time during which defendant was incompetent to stand trial. |
Criminal Law and Procedure |
|
Aug. 16, 2016 | |
|
13-56620
|
NCU Admin. Bd. v. Nomura Home Equity Loan
Extender Statute (part of Financial Institutions Reform Act) supplants other preexisting time limitations in action by federal agency against mortgage security fraudsters. |
Statutory Interpretation |
|
Aug. 16, 2016 | |
|
13-17545
|
Democratic Party of Hawaii v. Nago
Party challenging open primary system as unduly burdensome of its First Amendment freedom to associate must provide evidence so demonstrating. |
Constitutional Law |
|
Aug. 16, 2016 | |
|
12-56829
|
Castro v. City of Los Angeles
Objective standard for use of excessive force in 'Kingsley' applies to failure to act in protection of arrestee. |
Criminal Law and Procedure |
|
Aug. 16, 2016 | |
|
05-99009
|
Washington v. Ryan
In rare case, district court's order denying relief to death row inmate who files notice of appeal one day late reversed, resulting in restoration of appeal rights. |
Criminal Law and Procedure |
|
Aug. 16, 2016 | |
|
S048763
|
People v. Nelson
Extensive questionnaire and verbal interrogation of jurors after deadlock constitutes improper intrusion of court influence in death penalty deliberations. |
Criminal Law and Procedure |
|
Aug. 16, 2016 | |
|
S213468
|
City of Perris v. Stamper
In condemnation case, application of 'Porterville' doctrine rather than 'project effect rule' results in reversal and remand. |
Real Property |
|
Aug. 16, 2016 | |
|
B268231
|
Truck Insurance Exchange v. Workers’ Compensation Appeals Board
Decision precluding insurance company's defense of laches due to seven year delay in bringing claim affirmed where employer's knowledge of injury is imputed to insurer. |
Workers' Compensation |
|
Aug. 15, 2016 | |
|
B264040
|
Ellis v. Lyons
Denial of mother's request to modify child custody arrangement is 'infected by legal error' where family court failed to apply rebuttable presumption concerning domestic violence. |
Family Law |
|
Aug. 15, 2016 | |
|
F071257
|
Stanislaus County Deputy Sheriffs’ Association v. County of Stanislaus
County's practice does not comport with statute categorically exempting all peace officers, including certain custodial deputies, from prohibition against carrying concealed weapon. |
Statutory Interpretation |
|
Aug. 15, 2016 | |
|
A145642
|
Coles v. Glaser
Co-obligors liable to creditor for breach of settlement agreement after creditor forced to surrender most of proceeds to bankruptcy trustee as a preferential payment. |
Contracts |
|
Aug. 15, 2016 | |
|
D069255
|
Walters v. Boosinger
Action to quiet title premised on theory of fraud may not be brought 'at any time,' but is subject to three-year limitations period applicable to fraud claims. |
Real Property |
|
Aug. 15, 2016 | |
|
15-15233
|
Bourne Valley Court Trust v. Wells Fargo Bank, N.A.
Before its amendment, Nevada Revised Statutes section 116.3116's 'opt-in' notice provision facially violated mortgage lenders' constitutional due process rights. |
Constitutional Law |
|
Aug. 15, 2016 | |
|
D068579
|
Christ v. Schwartz
Admission of evidence of husband's infidelity does not warrant reversal where entire personal injury case rested upon wife's credibility, which jury rejected. |
Evidence |
|
Aug. 15, 2016 | |
|
15-50141
|
United States v. Herrera-Rivera
District court's failure to make finding on material matter and willful intent of alleged perjury bars sentence enhancement for obstruction of justice in drug mule case. |
Criminal Law and Procedure |
|
Aug. 15, 2016 |