| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
14-50286
|
U.S. v. Rosales-Gonzales
Trial court need not accede to sentencing departure purely on joint recommendation of parties; sentence upheld where application of Guidelines is reasonable, and not a manipulation to reach a desired sentence. |
Criminal Law and Procedure |
|
Sep. 17, 2015 | |
|
B257660
|
County of Los Angeles v. Financial Casualty & Surety Inc.
Writing hearing date on bond does not make defendant's appearance 'lawfully required' for bail forfeiture purposes. |
Criminal Law and Procedure |
|
Sep. 17, 2015 | |
|
B258563
|
Jeff Tracy, Inc. v. City of Pico Rivera
The validity of a contractor's license is a required element of a claim made by a contractor plaintiff, not a special defense. |
Civil Procedure |
|
Sep. 17, 2015 | |
|
E059735
|
People v. Brown
When defendant raises substantial evidence challenge, and unanimity instruction would otherwise have been required, review limited to whether sufficient evidence supports conviction based on act elected by prosecution. |
Criminal Law and Procedure |
|
Sep. 16, 2015 | |
|
H040488
|
Simonelli v. City of Carmel-By-The-Sea
Property owner may proceed with lawsuit against City where trial court erroneously denied her leave to amend based on improper application of limitations period. |
Civil Procedure |
|
Sep. 16, 2015 | |
|
E059505
|
AP-Colton LLC v. Ohaeri
Cross-complainants that caused 'limited' action to be reclassified without paying reclassification fee are estopped from denying case was 'unlimited' to escape $121,357 awarded against them. |
Civil Procedure |
|
Sep. 16, 2015 | |
|
12-17176
|
JPMCC 2007-C1 Grasslawn Lodging LLC v. Transwest Resort Properties Inc. (In re Transwest Resort Properties Inc.)
Upon rehearing, appeal of Lender who objected to debtors' plan of reorganization is not equitably moot. |
Bankruptcy |
|
Sep. 16, 2015 | |
|
A140890
|
Judicial Council of California v. Jacobs Facilities Inc.
Verdict in favor of contractor overturned where contractor indisputably failed to comply with licensing requirements, but contractor may nevertheless avoid forfeiture if substantial compliance is demonstrated. |
Contracts |
|
Sep. 16, 2015 | |
|
E061050
|
People v. Nelson
Where defendant solicits second party to solicit a third party to commit murder, sufficient connection exists to uphold solicitation of murder conviction. |
Criminal Law and Procedure |
|
Sep. 16, 2015 | |
|
B253268
|
Hi-Desert Medical Center v. Douglas
Res judicata bars hospitals' requests for financial reimbursement because hospitals could have requested monetary damages in original petition for writ of mandate. |
Civil Procedure |
|
Sep. 16, 2015 | |
|
A139203
|
People v. Lopez
Repetitive and strange romantic pursuits represent credible threat to support stalking conviction, though communications lacked any 'overt threats.' |
Criminal Law and Procedure |
|
Sep. 15, 2015 | |
|
E061954
|
People v. Shenouda
Offender's prior conviction, lack of remorse, and serial offenses support court's denial of parole and imposition of six year sentence. |
Criminal Law and Procedure |
|
Sep. 15, 2015 | |
|
E061840
|
People v. Faranso
A California court lacks jurisdiction to issue a certificate of rehabilitation to a person convicted of a crime in a sister state. |
Criminal Law and Procedure |
|
Sep. 15, 2015 | |
|
13-10580
|
U.S. v. Myers
Judiciary's participation in plea negotiations, although improper, does not warrant reversal of criminal judgment where error was not prejudicial. |
Criminal Law and Procedure |
|
Sep. 15, 2015 | |
|
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 |
|
Sep. 15, 2015 | |
|
13-56075
|
Wabakken v. California Dept. of Corrections and Rehabilitation
California State Personnel Board's unfavorable decision has no preclusive effect on former employee's whistleblower retaliation claim in court. |
Government |
|
Sep. 15, 2015 | |
|
13-56119
|
Magnetar Techs. v. Intamin
Reasonable attorney could have believed that 'on-sale bar' did not apply in patent infringement action; renders dismissal of malicious prosecution claim appropriate. |
Patent Law |
|
Sep. 15, 2015 | |
|
14-35553
|
Cascadia Wildlands v. Bureau of Indian Affairs
Aggregation of previously approved, but not yet completed, project as part of current project's environmental baseline does not violate National Environmental Policy Act. |
Native American Affairs |
|
Sep. 15, 2015 | |
|
A142373
|
Barker v. Fox & Associates
Caretaker's defamation claim is subject to special motion to strike under anti-SLAPP statutes because he failed to meet burden to show likelihood of prevailing. |
Torts |
|
Sep. 14, 2015 | |
|
E062244
|
21st Century Insurance Co. v. Superior Court (Cy Tapia et al.)
Insurance company prevails on summary judgment where insured and plaintiff barred from using stipulated judgment to prove damages. |
Administrative Agencies |
|
Sep. 14, 2015 | |
|
13-55509
|
Sahagun v. Landmark Fence Co. Inc. (In re Landmark Fence Co. Inc.)
Appellate court lacks jurisdiction to preside over appeal over district court's order, vacating bankruptcy court's decision and remanding for further fact finding because order is not 'final.' |
Bankruptcy |
|
Sep. 14, 2015 | |
|
12-17675
|
Resilient Floor Covering Trust Fund Bd. of Trs. v. Michael's Flooring Covering
District court took erroneously narrow view of successorship inquiry and gave weight to wrong factor when determining withdrawal liability under Multiemployer Pension Plan Amendments Act. |
Labor Law |
|
Sep. 14, 2015 | |
|
B253271
|
Warren v. Warren
Where plaintiff has clear idea of amount of damages in action for accounting, said plaintiff should give notice of damage amount sought before default judgment may be entered. |
Civil Procedure |
|
Sep. 14, 2015 | |
|
C073336
|
People v. Nettles
Inmate not entitled to resentencing under Proposition 36 because he had disqualifying strikes for assault with intent to commit rape, a 'sexually violent offense.' |
Criminal Law and Procedure |
|
Sep. 14, 2015 | |
|
B245297
|
Grupp v. DHL Express
Application of California False Claims Act would impermissibly regulate shipping company's prices, routes and services in conflict with federal law, thus preempting claims. |
Government |
|
Sep. 14, 2015 | |
|
B235892
|
Scher v. Burke
Court may not enjoin property owners from obstructing vehicular access to disputed roads traversing their property because roads were not dedicated as public streets. |
Real Property |
|
Sep. 14, 2015 | |
|
C073744
|
In re Albert W.
California Welfare and Institutions Code Section 733's reference to 'any petition' does not encompass sister-state delinquency petitions. |
Juveniles |
|
Sep. 14, 2015 | |
|
E060218
|
People v. Amaya
Court does not err in reinstating original sentence following Proposition 36 resentencing that resulted in void judgment. |
Criminal Law and Procedure |
|
Sep. 11, 2015 | |
|
S227193
|
People v. Hall
Order |
|
Sep. 11, 2015 | ||
|
S228250
|
People v. Ford
Order |
|
Sep. 11, 2015 |