| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B261682
|
Moran v. Foster Wheeler Energy Corp.
Manufacturer of industrial boilers may be liable for salesman's asbestos-related cancer where evidence fails to support 'sophisticated user' defense. |
Torts |
|
Apr. 15, 2016 | |
|
S232114
|
People v. Estrada
Did the trial court improperly rely on the facts of counts dismissed under a plea agreement to find defendant ineligible for resentencing under the provisions of Proposition 36? |
|
Apr. 15, 2016 | ||
|
S232754
|
Kim v. Toyota Motor Corp.
Is evidence of industry custom and practice admissible in a strict products liability action? |
|
Apr. 15, 2016 | ||
|
S232197
|
King v. Comppartners
(1) Is a claim by an injured worker for medical malpractice brought against a workers' compensation utilization review company barred by workers' compensation as the exclusive remedy? (2) Does a workers' compensation utilization review company that performs medical utilization reviews on behalf of employers owe a duty of care to an injured worker? (3) Did the CA err in finding that plaintiffs should be given leave to amend their complaint in this case? |
|
Apr. 15, 2016 | ||
|
S232639
|
People v. Superior Court (Sahlolbei)
If an individual performing work for and on behalf of a public entity would qualify as an independent contractor for purposes of tort liability at common law, can that individual be subject to the criminal conflict-of-interest provisions of Government Code section 1090? |
|
Apr. 15, 2016 | ||
|
S232534
|
People v. Barba
Was defendant entitled to resentencing under Penal Code section 1170.18 on his conviction for second degree burglary either on the ground that it met the definition of misdemeanor shoplifting (Pen. Code, § 459.5) or on the ground that section 1170.18 impliedly includes any second degree burglary involving property valued at $950 or less? |
|
Apr. 15, 2016 | ||
|
S232753
|
People v. Chilton
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, § 490.2), apply to theft of access card information in violation of Penal Code section 484e, subdivision (d)? |
|
Apr. 15, 2016 | ||
|
D068405
|
Y.A., a Minor
Dismissal and sealing of juvenile's later-filed petition does not automatically warrant sealing of prior-filed petition under Welfare and Institutions Code Section 786. |
Juveniles |
|
Apr. 15, 2016 | |
|
C072585
|
Crossroads Investors L.P. v. Federal National Mortgage Association
Fannie Mae unsuccessful in attempt to dodge property owner's wrongful foreclosure claims via anti-SLAPP motion. |
Real Property |
|
Apr. 15, 2016 | |
|
D067756
|
Carne v. Worthington
Express conveyance to new trust of property held in prior trust is sufficient for transfer to be effective, though not accompanied by formal deed. |
Probate and Trusts |
|
Apr. 15, 2016 | |
|
14-56622
|
Scheer v. State Bar of California (In re Scheer)
Though unsettling, attorney's debt to her client for improperly collected fees are dischargeable in bankruptcy. |
Bankruptcy |
|
Apr. 15, 2016 | |
|
14-55651
|
Mendoza v. RCALA
Summary judgment proper where ADA plaintiff does not raise triable issue as to whether proffered reason for adverse employment action was pretextual; 'EEOC v. Abercrombie' does not alter ADA analysis. |
Disability Discrimination |
|
Apr. 15, 2016 | |
|
13-56484
|
Consumer Financial Protection Bureau v. Chance Gordon
Enforcement action against California attorney largely upheld despite President's improper recess appointment of Director of Consumer Financial Protection Bureau. |
Consumer Law |
|
Apr. 15, 2016 | |
|
13-56385
|
Turner v. McEwen
Habeas petition correctly denied where defendant claims to have been substantially prejudiced by head shaking of trial spectator during victim's testimony. |
Criminal Law and Procedure |
|
Apr. 15, 2016 | |
|
S232289
|
Renwick v. Sutter Medical Foundation
Does "neglect" within the meaning of the Elder Abuse and Dependent Adult Civil Protection Act (Welf. & Inst. Code, Section 15657) include a health care provider's failure to refer an elder patient to a specialist if the care took place on an outpatient basis, or must an action for neglect under the Act allege that the defendant health care provider had a custodial relationship with the elder patient? |
|
Apr. 15, 2016 | ||
|
S232439
|
People v. Superior Court (Rangel)
Can excess custody credits be used to reduce or eliminate the one-year parole period required by Penal Code Section 1170.18, subdivision (d), upon resentencing under Proposition 47? |
|
Apr. 15, 2016 | ||
|
S232951
|
People v. States
Does Proposition 47 ("the Safe Neighborhoods and Schools Act") apply to the offense of unlawful taking or driving a vehicle (Veh. Code, Section 10851), because it is a lesser included offense of Penal Code Section 487, subdivision (d), and that offense is eligible for resentencing to a misdemeanor under Penal Code Sections 490.2 and 1170.18? |
|
Apr. 15, 2016 | ||
|
S232314
|
Higgins v. Superior Court (People)
Order |
|
Apr. 15, 2016 | ||
|
S232347
|
Melgar v. Deutsche Bank National Trust Company
Order |
|
Apr. 15, 2016 | ||
|
S232348
|
Melgar v. Deutsche Bank National Trust Company
Order |
|
Apr. 15, 2016 | ||
|
S232659
|
Pryor v. Superior Court (People)
Order |
|
Apr. 15, 2016 | ||
|
S232919
|
People v. Ming
Can excess custody credits be used to reduce or eliminate the one-year parole period required by Penal Code section 1170.18, subdivision (d), upon resentencing under Proposition 47? |
|
Apr. 15, 2016 | ||
|
A143381
|
Karpinski v. Smitty’s Bar Inc.
Settlement agreement properly enforced where, contrary to defendant's argument, plaintiff's payment of lien obligations was not condition precedent to timely payment settlement proceeds. |
Torts |
|
Apr. 14, 2016 | |
|
B262310
|
Blois Construction Inc. v. FCI/Fluor/Parsons
Subcontractor not entitled to late payment penalties under prompt payment statutes for past retention payments withheld by project owner. |
Contracts |
|
Apr. 14, 2016 | |
|
15-1119
|
Emmert v. Taggart (In re Taggart)
Bankruptcy court erroneously sanctions party for willfully violating discharge injunction by improperly imputing actual knowledge of the discharge injunction. |
Bankruptcy |
|
Apr. 14, 2016 | |
|
15-50289
|
U.S. v. Bernardo
Transporting illegal alien within dashboard meets standard for sentencing enhancement applied to offenses that involve creation of substantial risk of death or bodily injury. |
Criminal Law and Procedure |
|
Apr. 14, 2016 | |
|
10-56406
|
Tibble v. Edison International
Retirement plan beneficiaries that successfully revived ERISA claim from statute of limitations ruling nevertheless lose on remand due to forfeited ongoing-duty-to-monitor claim. |
Civil Procedure |
|
Apr. 14, 2016 | |
|
S232811
|
People v. Johnson
Chaney and Valencia present the following issue: Does the definition of "unreasonable risk of danger to public safety" (Pen. Code, Section 1170.18, subd. (c)) under Proposition 47 ("the Safe Neighborhoods and Schools Act") apply retroactively to resentencing under the Three Strikes Reform Act of 2012 (Pen. Code, Section 1170.126)? |
|
Apr. 14, 2016 | ||
|
15-1141
|
Arnot v. Enderson (In re Endersen)
Lenders entitled to settlement proceeds awarded to debtors in construction defect claims litigated years after 'no asset' closure of chapter 7 bankruptcy case. |
Bankruptcy |
|
Apr. 13, 2016 | |
|
14-50384
|
U.S. v. Argueta-Rosales
Application of incorrect legal standard that fails to require proof of specific intent results in vacated conviction for attempted illegal reentry and remand. |
Criminal Law and Procedure |
|
Apr. 13, 2016 |
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