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Name Category Published
Golden Gate Hill Development Co. v. County of Alameda
Property owner fails in action seeking tax refund where owner should have challenged the validity of the tax measures within 60 days of passage. 		Taxation Nov. 30, 2015
Keli'i Akina, et al. v. Hawaii, et al.
Order 		Nov. 30, 2015
Ramos v. Westlake Services
Motion to compel arbitration is correctly denied where plaintiff reasonably relies on Spanish translation of English contract that does not include arbitration agreement. 		Contracts Nov. 27, 2015
D.F. v. Superior Court
Under Welf. & Inst. Code Section 361.5(b)(11), prior termination of parental rights need not have occurred in California in order for court in present dependency action to deny reunification services. 		Administrative Agencies Nov. 27, 2015
People v. Gonzalez
Payment of civil penalty to federal agency does not entitle defendant to dismissal of criminal charge on double jeopardy ground. 		Criminal Law and Procedure Nov. 27, 2015
People v. Superior Court (Sanchez-Flores)
Misdemeanant need not pay fines that misdemeanor charge otherwise called for before she may obtain relief contemplated under Deferral of Sentencing Pilot Program. 		Criminal Law and Procedure Nov. 27, 2015
People v. Peacock
Court errs in reclassifying defendant's felony offense of receiving stolen property to a misdemeanor under Proposition 47. 		Criminal Law and Procedure Nov. 27, 2015
Sabato v. Brooks
Restraining order properly issued against ex-husband whose faxed opposition papers was, not only against local court rules, but constituted waiver of issue of court's jurisdiction. 		Civil Procedure Nov. 27, 2015
Richtek USA Inc. v. uPI Semiconductor Corp.
Trial court may not utilize judicially-noticed documents in ruling on disputed factual issue concerning statute of limitations. 		Civil Procedure Nov. 26, 2015
Garcia v. Holt
Landlords not liable for injuries landscaper sustained from explosives tenant brought to property and which landlords had no knowledge of. 		Torts Nov. 25, 2015
People v. Lynn
Pursuant to 'People v. Johnson' court must determine defendant's eligibility for recall and resentencing of attempted grand theft conviction under Three Strikes Reform Act. 		Criminal Law and Procedure Nov. 25, 2015
Borsuk v. Appellate Division (LA Hillcreste Apartments LLC)
Motion to quash service of summons is not proper vehicle to challenge service of three-day notice in unlawful detainer action. 		Civil Procedure Nov. 25, 2015
Dakota J., a Minor
Juvenile court erroneously removes sons from mother's physical custody when they had not been living with her for several years prior to agency's dependency petition. 		Dependency Nov. 25, 2015
People v. Cuen
Defendant not eligible for resentencing for theft of access card information because such offense is not subject to recall and resentencing under Proposition 47. 		Criminal Law and Procedure Nov. 25, 2015
McBride v. Lopez
Retaliatory threats that deter inmate from filing grievance may excuse inmate's failure to exhaust administrative remedies before filing § 1983 claim, if threats meet objective and subjective standards. 		Prisoners Rights Nov. 25, 2015
U.S. v. Bare
Computer search condition properly imposed where nexus exists between offender's potential computer use conducting illicit firearms pawn business and need for deterrence. 		Criminal Law and Procedure Nov. 25, 2015
In re D.M.
Parent's spanking of children is not categorically "serious physical harm" sufficient to invoke dependency jurisdiction under Section 300 absent consideration whether spankings are reasonable discipline. 		Dependency Nov. 25, 2015
Griffin v. The Haunted Hotel, Inc.
Haunted house operator owes no duty to patron who fell at attraction, and is entitled to summary judgment based on primary assumption of risk doctrine. 		Torts Nov. 24, 2015
Marlton Recovery Partners, LLC v. County of L.A.
Where no triable factual ground exists for opponent of summary judgment, court does not err when ruling for summary judgment upon ground not raised by movant without allowing opponent to respond. 		Civil Procedure Nov. 24, 2015
People v. Acosta
Attempted burglary of a vehicle is not one of the offenses reduced to a misdemeanor under Proposition 47. 		Criminal Law and Procedure Nov. 24, 2015
Marriage of Smith
Ex-wife's receipt of substantial and regular financial support from wealthy father properly considered 'income' for purposes of Family Code's attorney fee-shifting provision. 		Family Law Nov. 24, 2015
In re Amanda A.
Where probation violator stated intent to disobey future (though imminent) order of probation officer, such action does not constitute resisting or obstructing a peace officer under PC Section 148(a)(1). 		Criminal Law and Procedure Nov. 24, 2015
U.S. v. Pedrin
Order 		Criminal Law and Procedure Nov. 24, 2015
Shelton v. Marshall
Order 		Criminal Law and Procedure Nov. 24, 2015
Ramirez v. County of San Bernardino
Plaintiff should have been allowed to file second amended complaint as matter of course where first amended complaint counted as 'other amendment.' 		Civil Procedure Nov. 24, 2015
Citizens for Environmental Responsibility v. State of California ex rel. 14th District Agricultural Association (Stars of Justice Inc.)
Upon remand from the Cal. Supreme Court, Santa Cruz County Fairground does not need to conduct environmental review before holding rodeo, because fairground had been used for similar events in past. 		Environmental Law Nov. 24, 2015
FirstMerit Bank v. Reese
Denial of bank's motion requesting assignment in debtor's trust interest is correct where court lacks authority to enter such order. 		Civil Procedure Nov. 23, 2015
Shirley v. Yates
Prisoner obtains habeas relief following court's error in denying 'Batson' claim alleging racial discrimination in prosecutor's dismissal of black veniremember. 		Criminal Law and Procedure Nov. 23, 2015
U.S. v. Dixon
Cal. Penal Code Section 211 criminalizes conduct not included in Armed Career Criminal Act definition of 'violent felony;' cannot serve as predicate 'violent felony' for mandatory minimum sentencing scheme of ACCA. 		Criminal Law and Procedure Nov. 23, 2015
County of San Diego v. Superior Court (Casteen)
County of San Diego entitled to summary judgment because it is immune from liability to plaintiff who suffered injury while swinging from tree rope at county park. 		Administrative Agencies Nov. 23, 2015
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