| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S219889
|
People v. Juarez
Conspiracy charges that contain all elements of twice-dismissed attempted murder charges must be dismissed because they constitute 'the same offense' under Penal Code Section 1387. |
Criminal Law and Procedure |
|
Mar. 18, 2016 | |
|
C069965
|
People v. Medina
Aider and abettor's active involvement in every element of attempted robbery that ended in murder supported sentencing court's special circumstance finding. |
Criminal Law and Procedure |
|
Mar. 18, 2016 | |
|
C078277
|
People v. Myers
Denial of Proposition 36 resentencing petition affirmed where court does not err in use of definition regarding 'unreasonable risk of danger to public safety.' |
Criminal Law and Procedure |
|
Mar. 18, 2016 | |
|
13-56644
|
Ebner v. Fresh Inc.
Motion to dismiss affirmed where consumer fails to state plausible claim for relief on claims alleging deceptive and misleading labeling and packaging of lip balm. |
Consumer Law |
|
Mar. 18, 2016 | |
|
13-16106
|
Lenz v. Universal Music
Copyright holder must consider whether 'fair use' protects a party's use of its content before sending takedown notification. |
Copyright |
|
Mar. 18, 2016 | |
|
D066636
|
Saterbak v. JPMorgan Chase
Borrower lacks standing to preemptively challenge assignment of deed of trust from original lender to subsequent lender. |
Probate and Trusts |
|
Mar. 18, 2016 | |
|
D069057
|
Tenet Healthsystem Desert Inc. v. Blue Cross of California
Hospital's detailed allegations of fraud and misrepresentation claims against Anthem Blue Cross improperly dismissed via demurrer. |
Civil Procedure |
|
Mar. 18, 2016 | |
|
H041332
|
People v. Appleton
Probation condition allowing for searches of defendant's computers and electronic devices struck as unconstitutionally overbroad, requiring remand to fashion more narrowly-tailored condition. |
Criminal Law and Procedure |
|
Mar. 17, 2016 | |
|
C079394
|
People v. Valencia
Man who used fake $50 bills to purchase prepaid cellphone worth less than $950 is eligible for resentencing under new shoplifting law in Proposition 47. |
Criminal Law and Procedure |
|
Mar. 17, 2016 | |
|
14-56212
|
Beauchamp v. Anaheim Union High School
Mother of son with disability unsuccessful in challenging attorney fee award to her - as too low - as prevailing party under Individuals with Disabilities in Education Act. |
Education |
|
Mar. 17, 2016 | |
|
B262174
|
People v. Nestdrop
Defendants, makers of marijuana delivery 'app', unsuccessful in overturning preliminary injunction because Proposition D prohibits virtually all deliveries of marijuana by vehicle. |
Criminal Law and Procedure |
|
Mar. 16, 2016 | |
|
B260447
|
People v. Franco
Face value, rather than 'actual' value, of forged check pertinent question in Prop 47 resentencing. |
Criminal Law and Procedure |
|
Mar. 16, 2016 | |
|
D066412
|
Ontiveros v. Constable
Counsel improperly disqualified to represent shareholder in successive representation case where functioning of company was so intertwined with shareholder, rendering any distinction fictional. |
Attorneys |
|
Mar. 16, 2016 | |
|
F068887
|
People v. Hutton
Defendant erroneously denied presentence custody credits though he was on 'sheriff's parole' and, therefore, not 'in custody,' at time of his arrest. |
Criminal Law and Procedure |
|
Mar. 16, 2016 | |
|
13-56091
|
Casa del Caffe Vergnano S.p.A. v. ItalFlavors LLC
Order compelling arbitration reversed where document containing arbitration clause was a sham and thus no more enforceable than any other provision in the document. |
Contracts |
|
Mar. 16, 2016 | |
|
12-55667
|
Daire v. Lattimore
Counsel's omission of defendant's mental illness does not run afoul of 'Strickland,' which applies to ineffective assistance of counsel in noncapital cases, precluding habeas relief. |
Criminal Law and Procedure |
|
Mar. 16, 2016 | |
|
15-90072
|
In re Complaint of Judicial Misconduct
Order |
|
Mar. 15, 2016 | ||
|
15-35617
|
Western Security Bank v. Schneider Limited Partnership
Order |
|
Mar. 15, 2016 | ||
|
14-35051
|
State of Alaska Dept. of Natural Resources v. United States
State of Alaska scores partial victory in effort to obtain rights-of-way over Indian land through remand allowing amendment of its condemnation claim. |
Native American Affairs |
|
Mar. 15, 2016 | |
|
13-36217
|
Mitchell v. Washington
State doctor not civilly liable to Hepatitis C patient, committed as a sexually violent predator, for refusing to recommend certain treatment. |
Prisoners Rights |
|
Mar. 15, 2016 | |
|
13-16081
|
State of Arizona ex rel. Horne v. The Geo Group Inc.
EEOC and Arizona Civil Rights Division successfully reinstate dismissed claims relating to harassment and discrimination of female corrections officers. |
Employment Law |
|
Mar. 15, 2016 | |
|
15-1219
|
Diaz v. Kosmata (In re Diaz)
Bankruptcy court erroneously disallows disabled debtor's claimed automatic homestead exemption under California law without considering debtor's intent to reside in subject property. |
Bankruptcy |
|
Mar. 15, 2016 | |
|
D067091
|
Hernandez v. Restoration Hardware Inc.
Class member who appeared, but did not otherwise take any steps to become named party in consumer class action, lacks standing to appeal judgment. |
Civil Procedure |
|
Mar. 15, 2016 | |
|
H040021
|
Orcilla v. Big Sur, Inc.
Ousted homeowners may maintain action against big banks for the alleged wrongful foreclosure of their home of 18 years. |
Real Property |
|
Mar. 14, 2016 | |
|
S232240
|
In re Alejandro R.
Order |
|
Mar. 11, 2016 | ||
|
S231734
|
People v. Moore
Order |
|
Mar. 11, 2016 | ||
|
S230917
|
People v. Ortega
Order |
|
Mar. 11, 2016 | ||
|
S232201
|
People v. Ramirez
Order |
|
Mar. 11, 2016 | ||
|
D067839
|
T.H. v. Novartis Pharmaceuticals Corp.
Pharmaceutical manufacturer may be liable in negligence to minors allegedly injured in utero by mother's ingestion of generic drug years after manufacturer divested itself of medication. |
Torts |
|
Mar. 11, 2016 | |
|
S231709
|
K.R. v. S.C. (People)
Order |
|
Mar. 11, 2016 |