| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C074139
|
People v. Buchanan
California Penal Code Section 654 bars separate punishments for defendant's possession of a single firearm on a single occasion. |
Criminal Law and Procedure |
|
Jun. 27, 2016 | |
|
H041700
|
People v. Hartley
Passenger who refused to pay cab driver after the latter missed a turn lacks requisite fraudulent intent to support petty theft by false pretenses conviction. |
Criminal Law and Procedure |
|
Jun. 27, 2016 | |
|
B268786
|
People v. Superior Court (Albert Sokolich)
Negligence does not constitute failure to act in good faith in petition to commit man as sexually violent predator. |
Criminal Law and Procedure |
|
Jun. 26, 2016 | |
|
A145749
|
Conservatorship of Jesse G.
Conservatorship over man who was strongly aware of his mental health issues overturned where friend's commitment could help him survive safely without involuntary detention. |
Conservatorship |
|
Jun. 26, 2016 | |
|
A143417
|
Stewart Enterprises Inc. v. City of Oakland
Grant of claim petitioning for writ of administrative mandamus affirmed in favor of plaintiffs seeking to build crematorium in East Oakland. |
Municipal Law |
|
Jun. 26, 2016 | |
|
B259808
|
Gopal v. Kaiser Foundation etc. Plan
Health plan and service provider are not liable for one another's acts and omissions under enterprise theory of liability. |
Torts |
|
Jun. 26, 2016 | |
|
D068384
|
People v. Johnson
Petitioning defendant, not prosecution, has initial burden of establishing eligibility for resentencing under Proposition 47. |
Criminal Law and Procedure |
|
Jun. 26, 2016 | |
|
B261860
|
Rice v. Downs
Trial court errs in compelling parties to arbitrate certain tort claims that did not arise from the parties' operation agreement. |
Torts |
|
Jun. 26, 2016 | |
|
H041795
|
Harris v. Stampolis
Restraining order properly issued against father for his aggressiveness toward middle school principal as witnessed by others and which caused her anxiety. |
Civil Procedure |
|
Jun. 26, 2016 | |
|
D068384
|
People v. Johnson
Petitioning defendant, not prosecution, has initial burden of establishing eligibility for resentencing under Proposition 47. |
Criminal Law and Procedure |
|
Jun. 26, 2016 | |
|
H041133
|
City of Santa Maria v. Adam
Court appropriately quiets title of overlying right to groundwater without quantifying prescriptive loss because of lack of water shortage. |
Water Rights |
|
Jun. 26, 2016 | |
|
B263622
|
People v. Progressive Horizon Inc.
Medical marijuana business unsuccessful in challenging denial of motion to dissolve injunction barring it from operating in Los Angeles. |
Municipal Law |
|
Jun. 26, 2016 | |
|
S234590
|
People v. Herrin
Does Proposition 47 ("the Safe Neighborhoods and Schools Act"), which reclassifies as a misdemeanor any grand theft involving property valued at $950 or less (Pen. Code, Section 490.2), apply to theft of access card information in violation of Penal Code Section 484e, subdivision (d)? |
|
Jun. 23, 2016 | ||
|
S234515
|
People v. Lauer
Order |
|
Jun. 23, 2016 | ||
|
H041157
|
People v. Ocegueda
Failure to instruct jury that it could consider defendant's mental disabilities involving claim for imperfect self-defense not prejudicial, but reversal nevertheless warranted due to sentencing error. |
Criminal Law and Procedure |
|
Jun. 23, 2016 | |
|
H041918
|
People v. Ochoa
Middleman in drug ring who supplied methamphetamine to Nuestra Familia criminal street gang obtains reversal of second conspiracy conviction under Penal Code 654 and 'Kellett.' |
Criminal Law and Procedure |
|
Jun. 23, 2016 | |
|
16-70568
|
Orona v. United States
Court grants petitioner's application for authorization to file a second or successive Section 2255 motion and clarifies rule regarding tolling of statute of limitations. |
Criminal Law and Procedure |
|
Jun. 23, 2016 | |
|
B265641
|
Scott v. Yoho
California Code of Civil Procedure requirement for 30-day rescission period for medical arbitration contracts preempted by Federal Arbitration Act. |
Contracts |
|
Jun. 23, 2016 | |
|
B262504
|
Harris v. TAP Worldwide LLC
Employer wins reversal of denial of motion to compel arbitration where arbitration agreement, attached as appendix to employer handbook, is enforceable and not illusory. |
Contracts |
|
Jun. 23, 2016 | |
|
B269038
|
State Compensation Insurance Fund v. Workers’ Compensation Appeals Board
Labor Code Section 4610.6(d)'s 30-day time limit is directory; hence, untimely independent medical review remains valid and binding upon parties as director's final determination. |
Workers' Compensation |
|
Jun. 23, 2016 | |
|
14-981
|
Fisher v. University of Texas at Austin
University's race-conscious undergraduate admission plan upheld as lawful under Equal Protection Clause. |
Constitutional Law |
|
Jun. 23, 2016 | |
|
14-1468
|
Birchfield v. North Dakota
Fourth Amendment permits warrantless breath tests incident to arrests for drunk driving, but not warrantless blood tests. |
Criminal Law and Procedure |
|
Jun. 23, 2016 | |
|
15-6092
|
Mathis v. U.S.
Mismatch of elements between Iowa burglary statute and generic federal offense saves felon from Armed Career Criminal Act's 15-year mandatory minimum sentence. |
Criminal Law and Procedure |
|
Jun. 23, 2016 | |
|
13-1496
|
Dollar General Corp. v. Mississippi Band of Choctaw Indians
Whether Indian tribal courts have jurisdiction to adjudicate civil tort claims against nonmembers, including as a means of regulating the conduct of nonmembers who enter into consensual relationships with a tribe or its members? |
|
Jun. 23, 2016 | ||
|
15-674
|
United States v. Texas
Order |
|
Jun. 23, 2016 | ||
|
15-30016
|
U.S. v. Grovo
Convictions affirmed where defendants contentions challenging convictions for participating in child exploitation enterprise and conspiracy to advertise child pornography unavailing. |
Criminal Law and Procedure |
|
Jun. 23, 2016 | |
|
14-71504
|
MK Hillside Partners v. Commissioner of Internal Revenue
Tax Court has jurisdiction to reject partner's assertion of the statute of limitations involving petition challenging IRS's finding partnership a 'sham.' |
Taxation |
|
Jun. 23, 2016 | |
|
S218176
|
Ramos v. Brenntag Specialties Inc.
Trial court errs in sustaining demurrer based on 'Maxton v. Western States Metals' interpretation of the component parts doctrine. |
Civil Procedure |
|
Jun. 23, 2016 | |
|
S045423
|
People v. Sanchez
In automatic appeal, murderer cannot escape death verdict despite reversal of one of 26 robbery convictions given commitment of numerous other crimes, including two murders. |
Criminal Law and Procedure |
|
Jun. 23, 2016 | |
|
S233983
|
Hernandez v. Muller (Restoration Hardware)
Must an unnamed class member intervene in the litigation in order to have standing to appeal? (See Eggert v. Pac. States S. & L. Co. (1942) 20 Cal.2d 199.) |
|
Jun. 23, 2016 |