| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
14-50315
|
U.S. v. Rosales-Aguilar
Defendant's prior inconsistent statements elicited via cross-examination of a defense psychiatrist properly admitted as impeachment evidence. |
Criminal Law and Procedure |
|
Apr. 13, 2016 | |
|
14-30208
|
U.S. v. Parnell
Defendant's conviction under Massachusetts armed robbery statute does not qualify as violent felony under Armed Career Criminal Act, resulting in vacated sentence and remand. |
Criminal Law and Procedure |
|
Apr. 13, 2016 | |
|
13-16816
|
Chen v. Allstate Insurance Co.
Offer of judgment to settle would-be class representative's individual claims for alleged Telephone Consumer Protection Act violations does not render entire putative class action moot. |
Consumer Law |
|
Apr. 13, 2016 | |
|
F071088
|
Villery v. Dept. of Corrections and Rehabilitation
Inmate's mandamus petition improperly dismissed where, contrary to trial court's determination,' habeas corpus relief was not more appropriate to remedy grievances. |
Remedies |
|
Apr. 12, 2016 | |
|
14-10370
|
U.S. v. Pete
Indigent defendant entitled to vacation of, and additional resentencing on, 708 months sentence in order to allow for appointment of neuropsychological expert. |
Criminal Law and Procedure |
|
Apr. 12, 2016 | |
|
13-56264
|
Mission Hospital Regional Medical Center v. Burwell
Hospitals have no power to alter legal obligations with Medicare under their provider agreements by attempting to circumvent continuity of obligations through assets-only purchase. |
Health Care |
|
Apr. 12, 2016 | |
|
13-17131
|
Animal Legal Defense Fund v. FDA
Adequate factual basis and absence of clear error compels affirmance of summary judgment in favor of FDA regarding its withholding of information under FOIA. |
Administrative Agencies |
|
Apr. 12, 2016 | |
|
C072500
|
Certain Underwriters at Lloyds London v. Arch Specialty Insurance Co.
Co-insurer is entitled to equitable contribution for defense costs from co-insurer where the latter's 'other insurance' clause amounted to 'escape' clause disfavored by public policy. |
Insurance |
|
Apr. 12, 2016 | |
|
C076017
|
Vanacore and Associates, Inc. v. Rosenfeld
Asset recovery agreement pertaining to stock set to escheat invalid because entered into between holder's report of unclaimed stock and Controller's notice of escheat. |
Civil Procedure |
|
Apr. 12, 2016 | |
|
C080359
|
Jones v. Superior Court (People)
Petitioners successful in reinstating peremptory challenges to disqualify judge where judge denies challenges based on erroneous filing deadline. |
Civil Procedure |
|
Apr. 11, 2016 | |
|
H041758
|
Martinez v. Vaziri
Denial of petition to establish parental relationship as third natural parent to child is overturned due to misinterpretation of statutory standard for determining detriment. |
Family Law |
|
Apr. 11, 2016 | |
|
12-17241
|
In re Sunnyslope Housing L.P. (First Southern National Bank v. Sunnyslope Housing L.P.)
Bankruptcy court errs in valuing creditor's interest in light of debtor's proposed use of the property as affordable housing, resulting in greatly diminished value. |
Bankruptcy |
|
Apr. 11, 2016 | |
|
15-71668
|
In re Orange, S.A.
Petition for writ of mandamus based on forum non conveniens denied where claims not governed by nondisclosure agreement specifying French law and forum. |
Civil Procedure |
|
Apr. 11, 2016 | |
|
13-56857
|
Garcia v. County of Riverside
Former LA County Sheriff, LA County and LA Sheriff's Department unsuccessful in challenging denial of immunity relating to imprisonment of plaintiff based on mistaken identity. |
Civil Rights |
|
Apr. 11, 2016 | |
|
G051403
|
In re Jorge D.
Failure to place publicly intoxicated minor in civil protective custody results in reversal of order declaring him a ward of the court. |
Juveniles |
|
Apr. 8, 2016 | |
|
08-99029
|
Gallegos v. Ryan
Trial counsel's decision to concede defendant's involvement in horrendous crime, involving the rape and murder of young girl, does not warrant habeas relief. |
Criminal Law and Procedure |
|
Apr. 8, 2016 | |
|
13-16279
|
O'Brien v. Welty
College student obtains partial reversal in civil rights action by stating plausible claim that university retaliated against him for exercising his First Amendment rights. |
Civil Rights |
|
Apr. 8, 2016 | |
|
14-1564
|
In re Beltway One Development Group LLC
Court applied incorrect standard of law in denying creditor default interest, resulting in reversal and remand to allow application of proper rule. |
Bankruptcy |
|
Apr. 7, 2016 | |
|
F070813
|
County of Kern v. T.C.E.F. Inc.
Medical marijuana operations may continue in Kern County where repeal ordinance was found to be in contravention with protections afforded under Elections Code's referendum process. |
Municipal Law |
|
Apr. 7, 2016 | |
|
A145284
|
In re P.O.
Electronics search condition imposed following misdemeanor public intoxication satisfies 'People v. Lent' but is nonetheless overbroad and must be modified. |
Juveniles |
|
Apr. 7, 2016 | |
|
15-15307
|
Arizona DREAM Act Coalition v. Brewer
Immigration Nationality Act preempts Arizona from adopting own classification of noncitizens, precluding it from denying drivers' licenses to Deferred Action for Childhood Arrivals program recipients. |
Constitutional Law |
|
Apr. 7, 2016 | |
|
C072462
|
Baughn v. Dept. of Forestry
Letter from fired employee's former fire chief to employee's new chief, which caused employee's termination, is not protected activity relating to public issue under anti-SLAPP statute. |
Civil Procedure |
|
Apr. 7, 2016 | |
|
13-15710
|
Navajo Nation v. U.S. Dept. of the Interior
Navajo Nation allowed to challenge removal by Park Service of human remains and funerary objects on its reservation after court incorrectly dismisses suit. |
Native American Affairs |
|
Apr. 7, 2016 | |
|
14-15143
|
Oklevueha Native American Church of Hawaii Inc. v. Lynch
Oklevueha Native American Church and its founder's Religious Freedom Restoration Act claim challenging federal cannabis laws properly dismissed. |
Constitutional Law |
|
Apr. 7, 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 |
|
Apr. 7, 2016 | |
|
A138649
|
People v. Turner
Juvenile's 84-years-to-life sentence upheld in light of Senate Bill No. 260, which entitled him to parole hearing after 25 years of imprisonment. |
Criminal Law and Procedure |
|
Apr. 7, 2016 | |
|
G051238
|
In re Lopez
Petitioner entitled to habeas relief because being an aider and abettor under natural and probable consequences doctrine does not support first-degree murder conviction. |
Criminal Law and Procedure |
|
Apr. 7, 2016 | |
|
B261165
|
Castro-Ramirez v. Dependable Highway Express Inc.
Summary judgment in employer's favor reversed where former employee demonstrates triable issue of material fact regarding associational disability discrimination based on his son's disability. |
Disability Discrimination |
|
Apr. 6, 2016 | |
|
H042335
|
People v. Tidwell
Dismissal of felonies under Penal Code Section 1203.4 does not preclude Prop. 47 relief (reduction of felonies to misdemeanors) pursuant to Section 1170.18. |
Criminal Law and Procedure |
|
Apr. 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 |
|
Apr. 6, 2016 |