| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S230374
|
People v. Armogeda
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? |
|
Dec. 10, 2015 | ||
|
C070296
|
People v. Nilsson
Aggravated white collar crime enhancement improperly imposed where prosecutor failed to plead two felonies were related. |
Criminal Law and Procedure |
|
Dec. 10, 2015 | |
|
14-990
|
Shapiro v. McManus
Petitioners' suit challenging Maryland's congressional redistricting should have been heard by three-judge panel; district court errs in dismissing action. |
Constitutional Law |
|
Dec. 9, 2015 | |
|
B250771
|
People v. Dealba
Offender who repeatedly rammed into victim's vehicle commits spousal battery through indirect touching where victim was forced to take defensive maneuvers to avoid losing control of vehicle. |
Criminal Law and Procedure |
|
Dec. 9, 2015 | |
|
15-1072
|
In re Jackson
Bankruptcy court correctly overrules chapter 13 debtors' claim objection to IRS's amended proof of claim. |
Bankruptcy |
|
Dec. 9, 2015 | |
|
F070861
|
Palacio v. Jan & Gail's Care Homes
Denial of class certification proper where 24-hour residential care facility not required to inform employees they may revoke agreement requiring working on-duty meal periods. |
Labor Law |
|
Dec. 9, 2015 | |
|
E061986
|
People v. Johnson
Trial court must set hearing for defendant's motion for release of jurors' identifying information based on jury misconduct following erroneous appellate court ruling. |
Criminal Law and Procedure |
|
Dec. 9, 2015 | |
|
G049953
|
Hot Rods v. Northrop Grumman Systems Corp.
The general rule that indemnity applies to third party claims does not apply where the parties to a contract use the term to include both direct and third party liability. |
Contracts |
|
Dec. 9, 2015 | |
|
12-17189
|
Mays v. Clark
Admission of inculpatory statements that violated defendant's 'Miranda' rights does not warrant habeas relief where error was not prejudicial. |
Criminal Law and Procedure |
|
Dec. 9, 2015 | |
|
12-36045
|
Richey v. Dahne
Prison Litigation Reform Act does not bar prisoner from receiving in forma pauperis status on appeal of his third-strike dismissal. |
Prisoners Rights |
|
Dec. 9, 2015 | |
|
13-15614
|
California Tow Truck Association v. City and County of San Francisco
Law requiring tow car firm applicants to include business plan does not fall under safety exception to Federal Aviation Administration Authorization Act and is thus preempted. |
Municipal Law |
|
Dec. 9, 2015 | |
|
B263026
|
People v. McGowan
Per Penal Code Section 991, arraigning court may dismiss individual charges from complaint, rather than all or none. |
Criminal Law and Procedure |
|
Dec. 9, 2015 | |
|
H035260
|
Great Oaks Water Co. v. Santa Clara Valley Water Dist.
On second rehearing, groundwater extraction fee is charge for water service and thus exempt from voter ratification under the California Constitution. |
Taxation |
|
Dec. 9, 2015 | |
|
D067797
|
K.P., a Minor
Compliance under Indian Children and Welfare Act is unnecessary after tribe disenrolled twins and determined them ineligible for membership. |
Dependency |
|
Dec. 8, 2015 | |
|
D066289
|
Kemper v. Co. of San Diego
Collateral estoppel bars parent's legal malpractice action when identical issue (causation) has already been litigated and decided in juvenile dependency action. |
Juveniles |
|
Dec. 8, 2015 | |
|
13-56122
|
Lyall v. City of Los Angeles
Summary judgment in police's favor reversed where plaintiffs have standing with respect to warrantless-entry claims. |
Civil Rights |
|
Dec. 8, 2015 | |
|
13-35851
|
Sjurset v. Button
Officers who removed children from father's custody as directed by Oregon Dept. of Human Services, but absent court order, qualify for immunity. |
Civil Rights |
|
Dec. 8, 2015 | |
|
12-50499
|
U.S. v. James Lloyd
Head of Florida arm of unregistered security selling operation may not be made to pay restitution for harm caused by Los Angeles arm of group, absent greater evidence of concerted action. |
Criminal Law and Procedure |
|
Dec. 8, 2015 | |
|
C072368
|
People v. Tran
Postplea probation report may be considered when ruling on Cal. Penal Code Section 17(b) motion seeking to reduce felony to misdemeanor. |
Criminal Law and Procedure |
|
Dec. 8, 2015 | |
|
H039149
|
People v. Lexington National Insurance Co.
Surety entitled to vacate forfeiture of original bond after trial court unilaterally decided to increase criminal defendant's bail. |
Criminal Law and Procedure |
|
Dec. 8, 2015 | |
|
B261634
|
In re J.L.
Minor's burglary of cell phone out of school locker in violation of Cal. Penal Code Section 459 not eligible for Proposition 47 reclassification as shoplifting. |
Criminal Law and Procedure |
|
Dec. 8, 2015 | |
|
G052062
|
Catalina Island Yacht Club v. Superior Court (Beatty)
Trial court erroneously finds attorney-client privilege waiver based on deficiencies in responding party's privilege log. |
Civil Procedure |
|
Dec. 8, 2015 | |
|
15-24
|
France v. U.S.
Order |
|
Dec. 8, 2015 | ||
|
13-35505
|
Rounds v. Commissioner Social Security Administration
Discrepancies between vocational expert's testimony, Dictionary of Occupational titles, and determined residual functional capacity merit reconciliation in Supplemental Security Income claim. |
Administrative Agencies |
|
Dec. 8, 2015 | |
|
13-36006
|
U.S. v. Gilbert
Federal prisoner's sentence amounts to final judgment that triggers limitations period for collateral attack although restitution was left unspecified. |
Criminal Law and Procedure |
|
Dec. 8, 2015 | |
|
F070771
|
People v. United States Fire Insurance Co.
Court erroneously calculates exoneration period by measuring extension from end of initial 185-day exoneration period instead of date of order granting extension motion. |
Criminal Law and Procedure |
|
Dec. 7, 2015 | |
|
A142634
|
Pacific Merchant Shipping Assn. v. Board of Pilot Com.
Fee award against pilots' port agent upheld where court properly determines plaintiff is prevailing party under the California Public Records Act. |
Government |
|
Dec. 7, 2015 | |
|
B263164
|
People v. Romanowski
Proposition 47 reduces theft of access card information under Cal. Penal Code Section 484e(d) to a misdemeanor, provided stolen property is valued less than $950. |
Criminal Law and Procedure |
|
Dec. 7, 2015 | |
|
A141836
|
People v. Gaines
Probation conditions forbidding 'dangerous drugs' and visits to stores where 'alcohol is the chief item of sale' are unconstitutionally vague. |
Criminal Law and Procedure |
|
Dec. 7, 2015 | |
|
B253464
|
People v. Denard
Burglar entitled to reduced sentence after trial court erroneously found Florida convictions constituted as strikes under California's Three Strikes law. |
Criminal Law and Procedure |
|
Dec. 7, 2015 |