| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A143233
|
Hassell v. Bird
Yelp, a nonparty in defamation suit, must abide by injunction ordering removal of defamatory reviews penned by aggrieved client against former attorney. |
Civil Procedure |
|
Jun. 7, 2016 | |
|
15-10522
|
U.S. v. Ornelas
In determining prisoner's eligibility for sentence reduction, court must calculate the guideline range by using criminal history category applicable before any consideration of downward departure. |
Criminal Law and Procedure |
|
Jun. 6, 2016 | |
|
15-109
|
Simmons v. Himmelreich
Following dismissal of federal prisoner's suit against United States under Federal Tort Claims Act, judgment bar provision does not bar second suit against individual defendants. |
Torts |
|
Jun. 6, 2016 | |
|
15-339
|
Ross v. Blake
Prisoner's Section 1983 action revived despite alleged failure to exhaust administrative remedies where issue remains whether such remedies were, in fact, available. |
Prisoners Rights |
|
Jun. 6, 2016 | |
|
14-493
|
Kent Recycling Services v. Army Corps of Engineers
Order |
|
Jun. 6, 2016 | ||
|
15-964
|
Piper v. Middaugh
Order |
|
Jun. 6, 2016 | ||
|
15-7912
|
Kirksey v. Alabama
Order |
|
Jun. 6, 2016 | ||
|
15-7915
|
Jackson v. U.S.
Order |
|
Jun. 6, 2016 | ||
|
15-797
|
Moore v. Texas
Whether it violates the Eighth Amendment and this Court's decisions in Hall v. Florida (2014) and Atkins v. Virginia (2002) to prohibit the use of current medical standards on intellectual disability, and require the use of outdated medical standards, in determining whether an individual may be executed. |
|
Jun. 6, 2016 | ||
|
15-8049
|
Buck v. Stephens
Did the United States Court of Appeals for the Fifth Circuit impose an improper and unduly burdensome Certificate of Appealability standard t when it denied Duane Buck a COA on his motion to reopen the judgment and obtain merits review of his claim that his trial counsel was constitutionally ineffective for knowingly presenting an "expert" who testified that Mr. Buck was more likely to be dangerous in the future because he is Black, where future dangerousness was both a prerequisite for a death sentence and the central issue at sentencing? |
|
Jun. 6, 2016 | ||
|
S232642
|
Brown v. Superior Court (California District Attorneys Association)
Governor Brown and proponents of criminal justice initiative measure successful in overcoming challenge to amended version of measure. |
Government |
|
Jun. 6, 2016 | |
|
13-30162
|
U.S. v. Loveland
Conviction for conspiracy to possess methamphetamine with intent to distribute vacated due to lack of evidence of agreement to resell the drugs. |
Criminal Law and Procedure |
|
Jun. 5, 2016 | |
|
C074480
|
People v. Garlinger
'Kelly' standard for admission of new scientific techniques does not apply to cell phone records that triangulated robber's location on night of robbery. |
Criminal Law and Procedure |
|
Jun. 2, 2016 | |
|
C076872
|
Bertsch v. Mammoth Community Water District
Summary judgment properly granted in defendant's favor where wrongful death suit barred by doctrine of primary assumption of risk. |
Torts |
|
Jun. 2, 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. 2, 2016 | |
|
S218861
|
People v. Castillolopez
Conviction properly reversed where Swiss Army Knife with collapsible blade does not qualify as 'dirk or dagger' because blade does not lock into position. |
Criminal Law and Procedure |
|
Jun. 2, 2016 | |
|
14-56421
|
Flores v. City of San Gabriel
City of San Gabriel's cash-in-lieu of benefits payments to police officers may not be excluded in calculation of officers' regular rate of pay under FLSA. |
Employment Law |
|
Jun. 2, 2016 | |
|
13-57104
|
VMG Salsoul LLC v. Ciccone
Summary judgment properly granted in pop star Madonna's favor, where alleged copyright infringement in 'Vogue' song is de minimis. |
Copyright |
|
Jun. 2, 2016 | |
|
13-30253
|
U.S. v. Spears
Drug offender may not benefit from recent amendment to sentencing guideline that increased triggering threshold for certain crack cocaine offenses. |
Criminal Law and Procedure |
|
Jun. 2, 2016 | |
|
H040914
|
People v. Garcia
Convictions for forcible lewd acts on child upheld where prosecution need not establish when offenses actually occurred since information only refers to "on or about" dates. |
Criminal Law and Procedure |
|
Jun. 1, 2016 | |
|
H040268
|
Seibert v. City of San Jose
Firefighter's discipline improperly overturned with respect to allegations of inappropriate touching of female coworker, but not as to 'salacious' email exchange with minor allegations. |
Administrative Agencies |
|
Jun. 1, 2016 | |
|
B263849
|
People v. Acosta
Defendant unsuccessful in challenging imposition of prior prison term enhancements on aggregate sentence where enhancements do not attach to a particular count or case. |
Criminal Law and Procedure |
|
Jun. 1, 2016 | |
|
B264493
|
Rand Resources LLC v. City of Carson
Businessman's action against City of Carson related to NFL negotiations, improperly disposed of in anti-SLAPP motion. |
Government |
|
Jun. 1, 2016 | |
|
B260892
|
People v. Zendejas
Where multiple defendants are charged with common crimes based on common events, court did not err in trying defendant jointly, notwithstanding defendant's claim it caused her torment. |
Criminal Law and Procedure |
|
Jun. 1, 2016 | |
|
B261971
|
Aghaji v. Bank of America N.A.
Plaintiff homeowners bringing mass actions unsuccessful in challenging denial of leave to amend where they fail to show proposed additional facts sufficient to state unfair competition claim. |
Torts |
|
Jun. 1, 2016 | |
|
H042604
|
People v. Santa Ana
Following credit for period of custody against probationary jail term from earlier case, court properly did not also credit that period against consecutive jail term in instant case. |
Criminal Law and Procedure |
|
Jun. 1, 2016 | |
|
D068432
|
Center for Local Government Accountability v. City of San Diego
Center for Local Government Accountability may maintain its Brown Act claim against City of San Diego concerning nonagenda public comment period practices. |
Government |
|
Jun. 1, 2016 | |
|
B269150
|
Gray v. Superior Court (People)
Trial court's denial of fee request by defendant in criminal infraction case is not appealable because such order does not affect substantial rights. |
Criminal Law and Procedure |
|
Jun. 1, 2016 | |
|
13-17441
|
Nalder v. United Automobile Insurance Company
Order |
|
Jun. 1, 2016 | ||
|
13-16639
|
Arizona Students’ Association v. Arizona Board of Regents
Student organization should have been granted leave to amend complaint where they adequately alleged violation of First Amendment right to core political speech. |
Civil Rights |
|
Jun. 1, 2016 |