| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
14-15540
|
Stilwell v. City of Williams
Age Discrimination in Employment Act does not bar Section 1983 First Amendment retaliation claim due to differences regarding who can sue and be sued, liability requirements, and available remedies. |
Employment Discrimination |
|
Aug. 8, 2016 | |
|
D067247
|
Morales v. 22nd District Agricultural Association
Order sustaining demurrer to Labor Code Section 510 claim alleging failure to pay overtime reversed where employees should be permitted to allege employer is 'joint employer.' |
Labor Law |
|
Aug. 8, 2016 | |
|
B264861
|
Ace American Insurance Co. v. Fireman’s Fund Insurance Co.
Lack of excess judgment against insured in underlying case does not bar equitable subrogation cause of action by excess insurer against primary insurer. |
Insurance |
|
Aug. 8, 2016 | |
|
A144823
|
Hayward v. Superior Court (Osuch)
Temporary judge's failure to disclose relationship with attorneys in marital dissolution proceedings results in void and vacated rulings and orders. |
Judges |
|
Aug. 5, 2016 | |
|
12-30177
|
United States v. Bryant
Order |
|
Aug. 5, 2016 | ||
|
13-17131
|
Animal Legal Defense Fund v. FDA
Order |
|
Aug. 5, 2016 | ||
|
H040926
|
People v. Fromuth
'Motivated by' language in online predator statute analogous to 'because of' language in hate crime statute, necessitating proof of 'motivation' as substantial factor in offense. |
Criminal Law and Procedure |
|
Aug. 5, 2016 | |
|
S215914
|
People v. Moran
Probation condition that defendant stay out of all Home Depot stores and their parking lots permissible under state law and does not implicate constitutional right to travel. |
Criminal Law and Procedure |
|
Aug. 5, 2016 | |
|
B258806
|
The Kind and Compassionate v. City of Long Beach
City of Long Beach's complete ban on medical marijuana collective upheld over allegations of disability discrimination filed by disabled medical marijuana patients. |
Disability Discrimination |
|
Aug. 5, 2016 | |
|
12-55307
|
Fue v. Biter
Order |
|
Aug. 5, 2016 | ||
|
14-56440
|
Gingery v. City of Glendale
City's erection of 'Comfort Women' memorial in public park is not preempted by federal government's exclusive foreign affairs power. |
Civil Rights |
|
Aug. 5, 2016 | |
|
14-50440
|
U.S. v. Smith
Members of the Los Angeles Sheriff's Dept. fail to overturn convictions related to their role in interfering with federal investigation of civil rights abuses at county jails. |
Criminal Law and Procedure |
|
Aug. 5, 2016 | |
|
14-16326
|
Preap v. Johnson
Government must detain criminal aliens without bond for immigration custody immediately upon release from criminal custody for enumerated crimes. |
Immigration |
|
Aug. 5, 2016 | |
|
14-16053
|
Gragg v. United States
Taxpayers may not deduct rental losses even if wife qualified as real estate professional absent showing of material participation in rental activities. |
Taxation |
|
Aug. 5, 2016 | |
|
13-50461
|
U.S. v. Pocklington
Order |
|
Aug. 5, 2016 | ||
|
12-55807
|
Cuevas v. Hartley
Order |
|
Aug. 5, 2016 | ||
|
B266393
|
Roberts v. United Healthcare Services Inc.
Medicare Advantage Program plan enrollee's claims against health plan provider properly dismissed due to federal preemption. |
Health Care |
|
Aug. 5, 2016 | |
|
B269087
|
Doe 2 v. Superior Court (Avongard Products U.S.A. Ltd.)
Writer of anonymous emails wins petition for writ of mandate directing court to vacate order granting libel plaintiff's motion to discover writer's identity. |
Anti-SLAPP |
|
Aug. 4, 2016 | |
|
14-55539
|
Travelers Casualty Insurance Co. of America v. Hirsh
Denial of anti-SLAPP appealable and proper here where insurer's complaint did not arise from counsel's litigation-related conduct, but rather from his post-settlement conduct. |
Anti-SLAPP |
|
Aug. 4, 2016 | |
|
14-15224
|
Pacific Dawn LLC v. Pritzker
Failure to consider present participation in fishery acceptable in creation of fishery management plan, as present participation is only one of several factors for consideration. |
Administrative Agencies |
|
Aug. 4, 2016 | |
|
13-36037
|
Woods v. U.S. Bank N.A.
Borrowers' post-sale claims challenging foreclosure sale of real property barred where incorrect listing of beneficiary in notice of sale not significant enough to upset finality of foreclosure. |
Real Property |
|
Aug. 4, 2016 | |
|
B259538
|
Aldana v. Stillwagon
MICRA does not apply to negligence action filed against paramedic supervisor who was involved in a collision while en route to injured victim. |
Torts |
|
Aug. 4, 2016 | |
|
B266930
|
Ignacio v. Caracciolo
Defendant may not recover costs under Code of Civil Procedure Section 998's cost-shifting provision because her pretrial Section 998 settlement offer was invalid. |
Civil Procedure |
|
Aug. 4, 2016 | |
|
B260643
|
Schmidt v. California Highway Patrol
CHP must record arrests leading to release and no charges filed as mere detentions and provide certification of change pursuant to Penal Code Sections 849.5 and 851.6. |
Statutory Interpretation |
|
Aug. 3, 2016 | |
|
15-1367
|
Salven v. Galli (In re Pass)
Bankruptcy court erroneously prevents trustee from selling house by virtue of California's declared homestead protections; nevertheless, automatic homestead exemption applies to prevent sale. |
Bankruptcy |
|
Aug. 3, 2016 | |
|
15-30012
|
U.S. v. Lamott
Court properly instructs jury to disregard defendant's voluntary intoxication defense because assault by strangulation under federal assault statute is general intent crime. |
Criminal Law and Procedure |
|
Aug. 3, 2016 | |
|
13-16060
|
Weeping Hollow Avenue Trust v. Spencer
Joinder of former resident who previously suffered foreclosure appropriate in quiet title action, divesting federal court of diversity jurisdiction over citizens of Nevada. |
Real Property |
|
Aug. 3, 2016 | |
|
11-71458
|
Brown v. Lynch
Indian citizen fails to show INS employees and policymakers were deliberately indifferent toward his attempts at naturalization to support alleged constitutional violation. |
Immigration |
|
Aug. 3, 2016 | |
|
E062401
|
People v. Hamernik
Appeals court cannot review motion to amend information as trial court found it moot, improperly substituting lesser-included offense. |
Criminal Law and Procedure |
|
Aug. 3, 2016 | |
|
A146040
|
In re Alexander P.
Family court divested of jurisdiction regarding parentage once dependency petition filed, and therefore juvenile court erroneous in concluding it is bound by family court's findings on such issue. |
Dependency |
|
Aug. 2, 2016 |