| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B262509
|
Yhudai v. Impac Funding Corp.
Plaintiff cannot challenge nonjudicial foreclosure on ground of voidable beneficial interest and promissory note assignment due to non-party status. |
Banking |
|
Aug. 2, 2016 | |
|
B259918
|
People v. Falaniko
Attempted murder convictions overturned due to instructional error that allowed jury to convict defendant without finding of specific intent to kill each intended victim. |
Criminal Law and Procedure |
|
Aug. 2, 2016 | |
|
14-10452
|
U.S. v. Benally
Defendant's conviction for using a firearm in connection with a 'crime of violence' overturned in light of 'Leocal' and 'Fernandez-Ruiz.' |
Criminal Law and Procedure |
|
Aug. 2, 2016 | |
|
13-71833
|
Salim v. Lynch
Board of Immigration Appeals erroneously denied Indonesian citizen's motion to reopen removal proceedings based on changed country conditions following his conversion to Catholicism. |
Immigration |
|
Aug. 2, 2016 | |
|
11-72286
|
Arellano Hernandez v. Lynch
Petitioner's conviction for attempted criminal threats constitutes 'crime of violence' and aggravated felony, making petitioner ineligible for relief from removal. |
Immigration |
|
Aug. 2, 2016 | |
|
11-10244
|
U.S. v. Alvirez
Erroneous admission of unauthenticated Certificate of Indian Blood to establish defendant's Indian status requires reversal of conviction for assault resulting in serious bodily injury on Indian reservation. |
Criminal Law and Procedure |
|
Aug. 2, 2016 | |
|
S225090
|
Baral v. Schnitt
Anti-SLAPP motion applies to 'mixed' causes of action containing allegations of both protected and unprotected activity. |
Anti-SLAPP |
|
Aug. 2, 2016 | |
|
S139103
|
People v. Jackson
Judgment of death affirmed following convictions relating to murder and attempted murder of two elderly women, with remand ordered to recalculate noncapital portion of sentence. |
Criminal Law and Procedure |
|
Aug. 2, 2016 | |
|
B262043
|
Osborne v. Yasmeh
Family has standing to sue under Unruh Act despite failing to tender payment of discriminatory fee where family personally experienced hotel's discriminatory treatment. |
Disability Discrimination |
|
Aug. 1, 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. 1, 2016 | |
|
H040047
|
No Toxic Air Inc. v. Lehigh Southwest Cement Co.
Attorney fees for preparation of administrative record recoupable under Code of Civil Procedure Section 1094.5(a) as they are reasonably incurred for production of the record. |
Civil Procedure |
|
Aug. 1, 2016 | |
|
H041573
|
People v. Lexington National Insurance Corp.
Misdemeanor defendant's nonappearance at pre-trial hearing warrants bail forfeiture despite appearance through counsel where trial court ordered her to personally appear at scheduled hearing. |
Criminal Law and Procedure |
|
Aug. 1, 2016 | |
|
B263933
|
Heidi S. v. David H.
Family court's limited visitation modification of juvenile court's exit order appropriate despite finding of 'significant change of circumstances' as to child's best interest. |
Family Law |
|
Aug. 1, 2016 | |
|
15-10260
|
U.S. v. Prigge
Defendant's decision not to testify at trial bars his claim on appeal challenging court's pre-trial decision not to preclude, in advance, impeachment with prior conviction. |
Criminal Law and Procedure |
|
Aug. 1, 2016 | |
|
14-50549
|
U.S. v. Lustig
Defendant may withdraw conditional guilty plea to child sex trafficking charges in light of concededly erroneous suppression motion ruling regarding warrantless searches of car cellphones. |
Criminal Law and Procedure |
|
Aug. 1, 2016 | |
|
C074796
|
Nam v. Regents of the University of California
Anti-SLAPP motion does not apply to harassment, discrimination suit as underlying claim is not about institution's protected activity, i.e., filing written complaints about plaintiff. |
Anti-SLAPP |
|
Aug. 1, 2016 | |
|
A142560
|
Findleton v. Coyote Valley Band of Pomo Indians
Tribal Council's adoption of resolution constituted express and clear waiver of sovereign immunity allowing construction contractor to proceed with arbitration of dispute. |
Native American Affairs |
|
Aug. 1, 2016 | |
|
C077269
|
People v. Byrd
Failure to prove police officers were 'in a distinctive uniform' results in reversal of conviction for fleeing from pursuing police officer under Vehicle Code Section 2800.2. |
Criminal Law and Procedure |
|
Aug. 1, 2016 | |
|
S234221
|
People v. Gallardo
Order |
|
Jul. 29, 2016 | ||
|
S235394
|
People v. Preciado
Does Prop. 47 apply to the offense of unlawful taking or driving a vehicle (Vehicle Code Section 10851), because it is a lesser included offense of Penal Code Section 487(d), and that offense is eligible for resentencing to a misdemeanor under Penal Code Sections 490.2 and 1170.18? |
|
Jul. 29, 2016 | ||
|
16A74
|
Merck & Cie v. Watson Laboratories Inc.
Order |
|
Jul. 29, 2016 | ||
|
B266437
|
Elijah C., a Minor
Purported waiver of statute limitations made by uncounseled minor is invalid though made prior to filing of petition against him. |
Juveniles |
|
Jul. 29, 2016 | |
|
B249841
|
Friends of the Hastain Trail v. Coldwater
Use of decades old fire road on private property as hiking trail does not constitute implied dedication of land for public use. |
Real Property |
|
Jul. 29, 2016 | |
|
A142012
|
People v. Putney
Trial courts may not commit criminal defendants under the Sexually Violent Predators Act years before their sentences of incarceration are set to end. |
Criminal Law and Procedure |
|
Jul. 29, 2016 | |
|
S235058
|
People v. Becerra
Whether the defendant's Sixth Amendment right to confrontation was violated by a gang expert's reliance on testimonial hearsay. |
|
Jul. 29, 2016 | ||
|
S235277
|
Berg (Jason A.) on H.C.
When a juvenile offender seeks relief from a life-without-parole sentence that has become final, does Penal Code Section 1170(d)(2), which permits most juvenile offenders to petition for recall of a life-without-parole sentence imposed pursuant to Section 190.5 after 15 years, provide an adequate remedy under Miller v. Alabama (2012) as recently construed in Montgomery v. Louisiana (2016)? |
|
Jul. 29, 2016 | ||
|
S234660
|
People v. Cardona
Was the jury properly instructed on the "kill zone" theory of attempted murder? |
|
Jul. 29, 2016 | ||
|
S234737
|
Crossroads Investors v. Federal National Mortgage Association
Order |
|
Jul. 29, 2016 | ||
|
S235309
|
People v. Moore
Are the conditions of probation mandated by Penal Code Section 1203.067(b), for persons convicted of specified felony sex offenses - including waiver of the privilege against self-incrimination, required participation in polygraph examinations, and waiver of the psychotherapist-patient privilege - constitutional? |
|
Jul. 29, 2016 | ||
|
S235391
|
People v. Moore
Order |
|
Jul. 29, 2016 |