| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
14-55740
|
In the Matter of EPD Investment Co.
Bankruptcy court has discretion to decide motion to compel arbitration and does not abuse its discretion by denying it. |
Bankruptcy |
|
May 10, 2016 | |
|
14-55681
|
Gimenez v. Ochoa
Father's murder conviction upheld in connection with infant daughter's death due to shaken baby syndrome. |
Criminal Law and Procedure |
|
May 10, 2016 | |
|
A144339
|
Brown v. Deutsche Bank National Trust Co.
Defaulting borrower lacks standing to preemptively challenge bank's authority to foreclose on her property. |
Real Property |
|
May 10, 2016 | |
|
G049785
|
People v. Landau
Pedophile obtains relief from order recommitting him as sexually violent predator due to court's prejudicial error in admitting 'massive amount of inadmissible hearsay.' |
Criminal Law and Procedure |
|
May 9, 2016 | |
|
C080099
|
People v. Johnston
Vehicle Code offense that allows, and continues to allow punishment as misdemeanor or felony, is ineligible for retrospective resentencing relief under Penal Code Section 1170.18. |
Criminal Law and Procedure |
|
May 9, 2016 | |
|
13-10517
|
U.S. v. Lee
Prior convictions are not "crime of violence" under residual clause of Section 4B1.2(a)(2) of United States Sentencing Guidelines, resulting in vacated sentence and remand. |
Criminal Law and Procedure |
|
May 9, 2016 | |
|
14-36071
|
Rishor v. Ferguson
Denial of habeas relief reinstated where district court erroneously determined that defendant, who validly waived counsel at first trial, was entitled to second waiver of counsel hearing on remand. |
Criminal Law and Procedure |
|
May 9, 2016 | |
|
14-50100
|
U.S. v. Vega-Ortiz
Denial of motion to dismiss information charging defendant with being deported alien found in United States proper where prior convictions qualify as aggravated felonies. |
Criminal Law and Procedure |
|
May 9, 2016 | |
|
15-35462
|
Trueblood v. WSDSHS
Seven-day requirement for competency evaluations to be performed not constitutionally-required by Due Process Clause. |
Constitutional Law |
|
May 9, 2016 | |
|
B261525
|
Daza v. Los Angeles Community College District
Former guidance counselor may maintain reimbursement claim against Los Angeles Community College District concerning lawsuit accusing him of sexually assaulting a student. |
Torts |
|
May 9, 2016 | |
|
B262850
|
McGee v. Balfour Beatty Construction LLC
Partial reversal of judgment of dismissal in case challenging lease-leaseback construction contracts warranted where plaintiffs allege conflict of interest cause of action. |
Education |
|
May 6, 2016 | |
|
G049867
|
People v. Brown
Gang member's first degree murder conviction overturned due to erroneous and prejudicial prosecution under natural and probable consequences theory of aiding and abetting. |
Criminal Law and Procedure |
|
May 6, 2016 | |
|
14-55558
|
Teng v. District Director, USCIS
Federal court lacks authority to modify birth year on agency-issued naturalization certificate, leaving citizen unable to obtain driver's license due to discrepancy in her records. |
Immigration |
|
May 6, 2016 | |
|
S222726
|
John v. Superior Court (Chan)
Self-represented defendant, who had been declared a vexatious litigant and subject to a pre-filing order, need not obtain leave of court before appealing adverse judgment. |
Civil Procedure |
|
May 6, 2016 | |
|
S209836
|
Flores v. Presbyterian Intercommunity Hospital
Action alleging negligence in maintenance of hospital bedrail governed by statute of limitations for professional, rather than ordinary, negligence. |
Torts |
|
May 6, 2016 | |
|
16-35175
|
Allen v. Boeing Co.
Case properly remanded to state court where plaintiffs' complaint forms sufficient basis to invoke local controversy exception under Class Action Fairness Act. |
Civil Procedure |
|
May 6, 2016 | |
|
13-55889
|
Thomas v. Dillard
Officer used excessive force in detaining and tasing plaintiff suspected of domestic violence; given unsettled state of the law, however, officer entitled to qualified immunity. |
Civil Rights |
|
May 6, 2016 | |
|
B262627
|
People v. Mohamed
Doctor properly convicted of involuntary manslaughter in death of liposuction patient where substantial evidence supported he was criminally negligent in performing procedure. |
Criminal Law and Procedure |
|
May 5, 2016 | |
|
D069105
|
In re D.O.
Order terminating parental rights and placing child with paternal grandmother for adoption affirmed where court does not err in determining sibling relationship exception inapplicable. |
Juveniles |
|
May 5, 2016 | |
|
B264541
|
Hawkins v. SunTrust Bank
Court correctly rules that wrongful foreclosure action alleging improper service barred by res judicata arising from South Carolina judicial foreclosure judgment. |
Civil Procedure |
|
May 5, 2016 | |
|
14-50533
|
U.S. v. Ornelas
Sentence imposed in absentia lawful where defendant's appeal waiver is valid and he was 'voluntarily absent' for sentencing hearing. |
Criminal Law and Procedure |
|
May 5, 2016 | |
|
13-55290
|
Collins v. United States Citizenship and Immigration Services
Reversal and remand required where federal court incorrectly dismisses petition to modify birth date on certificate of naturalization issued prior to 1990. |
Immigration |
|
May 5, 2016 | |
|
13-16808
|
Ministerio Roca Solida v. McKelvey
Federal officer may not be sued in her individual capacity for purely injunctive relief under judicially-created 'Bivens' remedy. |
Remedies |
|
May 5, 2016 | |
|
F070264
|
Diocese of San Joaquin v. Gunner
Dispute over ownership of property that belonged to Diocese of San Joaquin before disaffiliation resolved by application of neutral principles of law. |
Corporations |
|
May 5, 2016 | |
|
A144822
|
People v. Roach
Nothing in Proposition 47's resentencing provision prohibits court from imposing same aggregate term upon resentencing, provided new term is proper under generally-applicable sentencing procedures. |
Criminal Law and Procedure |
|
May 5, 2016 | |
|
C076324
|
People v. Fruits
In elder abuse prosecution, son's prior acts of elder abuse against his mother admissible in relation to offense of making criminal threats. |
Criminal Law and Procedure |
|
May 5, 2016 | |
|
B256927
|
J-M Manufacturing Co. Inc. v. Phillips & Cohen LLP
Pipe manufacturer's defamation and trade libel claims over challenged press release fails where press release constituted a fair and true reporting of jury's verdict. |
Civil Procedure |
|
May 4, 2016 | |
|
F071371
|
Matthews v. Liberty Assignment Corp.
Motion denying assignment of workers' compensation award to factoring company properly denied where such assignment contravenes California law. |
Workers' Compensation |
|
May 4, 2016 | |
|
A142203
|
Hearn Pacific Corp. v. Second Generation Roofing Inc.
Trial court erred in refusing to allow litigant to name assignee and real party in interest as judgment creditor; assignee, therefore, cannot evade liability. |
Civil Procedure |
|
May 4, 2016 | |
|
15-35257
|
Boardman v. Pacific Seafood Group
Motion to compel arbitration properly denied where current claims not within scope of arbitration provision from prior settlement agreement. |
Antitrust |
|
May 4, 2016 |