| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C077166
|
People v. Shepard
Petitioner fails to challenge trial court's denial of his petition for certificate of rehabilitation on due process grounds but may file new petition. |
Criminal Law and Procedure |
|
Aug. 20, 2015 | |
|
C078257
|
People v. Eandi
Court lacks authority under Proposition 47 to amend complaint to redesignate felony failure to appear on felony charge to misdemeanor failure to appear on misdemeanor charge. |
Criminal Law and Procedure |
|
Aug. 20, 2015 | |
|
B253083
|
Association for Los Angeles Deputy Sheriffs v. Los Angeles Times Communications LLC
Union representing Los Angeles County Sheriff's Dept. deputies cannot prevent L.A. Times from reporting on Department's practices by accusing newspaper of possessing stolen confidential documents. |
Civil Procedure |
|
Aug. 20, 2015 | |
|
E060337
|
Warner v. CalPERS
A judge who becomes disabled may receive either disability or service retirement benefits under the Judges' Retirement System II Law, but not both. |
Government |
|
Aug. 19, 2015 | |
|
E058020
|
The Inland Oversight Committee v. County of San Bernardino (Colonies Partnership L.P.)
Anti-SLAPP motion inapplicable to public interest lawsuit filed by party challenging 2006 settlement between County of San Bernardino and property owner. |
Civil Procedure |
|
Aug. 19, 2015 | |
|
E058044
|
Colonies Partners L.P. v. Superior Court (The Inland Oversight Committee)
Validation judgment bars party's lawsuit against County of San Bernardino and property owner challenging $102 million settlement between County and property owner. |
Civil Procedure |
|
Aug. 19, 2015 | |
|
E058359
|
San Bernardino County v. Superior Court (The Inland Oversight Committee)
Party challenging County of San Bernardino's 2006 settlement agreement with property owner lacks taxpayer standing to bring lawsuit. |
Civil Procedure |
|
Aug. 19, 2015 | |
|
11-57255
|
Williams v. Swarthout
Order |
|
Aug. 19, 2015 | ||
|
12-70778
|
Garcia v. Lynch
Statutory criminal bar does not preclude review of immigration judge's denial of offender's motion for further continuance to allow him to seek post-conviction relief. |
Immigration |
|
Aug. 19, 2015 | |
|
13-15154
|
Reza v. Pearce
Arizona Senator violates protester's First Amendment rights by banning him from state Senate building; court errs by granting Senator qualified immunity on summary judgment. |
Civil Rights |
|
Aug. 19, 2015 | |
|
13-55632
|
Patel v. City of Montclair
Police do not conduct a Fourth Amendment search merely by entering an area of private, commercial property that is open to the public. |
Civil Rights |
|
Aug. 19, 2015 | |
|
13-56097
|
First Intercontinental Bank v. Ahn
California law, including Civil Code Section 1717(a), governs attorney fee dispute, rather than Georgia law specified in parties' agreement. |
Civil Procedure |
|
Aug. 19, 2015 | |
|
C078557
|
Universal Protection Service LP v. Superior Court (Parnow)
Reference to American Arbitration Association's National Rules for the Resolution of Employment Disputes reflect parties' intent to submit threshold issue of class arbitrability to arbitrator. |
Contracts |
|
Aug. 19, 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 |
|
Aug. 19, 2015 | |
|
A141306
|
Needelman v. DeWolf Realty Co. Inc.
Lessors defeat disruptive tenant's lawsuit challenging unlawful detainer action on res judicata grounds. |
Real Property |
|
Aug. 19, 2015 | |
|
E060664
|
Coppinger v. Rawlins
Property owners bound by predecessor's offer to dedicate property for public improvement where they fail to demonstrate county's acceptance of dedication was void or ineffectual. |
Real Property |
|
Aug. 18, 2015 | |
|
11-10623
|
U.S. v. Pedrin
Where co-conspirator solicited work from government agent, and ATF agent confirmed defendant was willing to perform staged robbery, reverse sting operation is not 'outrageous government conduct' warranting dismissal. |
Criminal Law and Procedure |
|
Aug. 18, 2015 | |
|
12-73210
|
Lopez-Valencia v. Lynch
Offender's petty theft conviction in California cannot be a predicate offense to support his removal. |
Criminal Law and Procedure |
|
Aug. 18, 2015 | |
|
S211078
|
People v. Blackburn
Trial court must personally advise mentally disordered defendant of right to jury trial and must obtain personal waiver before holding bench trial to extend commitment. |
Criminal Law and Procedure |
|
Aug. 18, 2015 | |
|
S211329
|
People v. Tran
Language in statutory scheme for extending involuntary commitment of insane defendants has same meaning as parallel language addressed in 'People v. Blackburn.' |
Criminal Law and Procedure |
|
Aug. 18, 2015 | |
|
A142219
|
Carlson v. Home Team Pest Defense Inc.
Worker does not have to arbitrate wrongful termination action against former employee under unenforceable arbitration agreement that was both procedurally and substantively unconscionable. |
Employment Law |
|
Aug. 18, 2015 | |
|
D066943
|
In re A.C.
Lack of live expert testimony at pre-termination hearing does not prejudice father, where record provides enough evidence suggesting return of child to father would be harmful. |
Dependency |
|
Aug. 18, 2015 | |
|
12-56650
|
Reyes v. Lewis
Postwarning confession must be suppressed where police officers violate 'Missouri v. Seibert.' |
Criminal Law and Procedure |
|
Aug. 17, 2015 | |
|
12-57197
|
Demuth v. City of Los Angeles
Qualified immunity no defense for sheriff's deputy who arrests public defender to bring her to court. |
Immunity |
|
Aug. 17, 2015 | |
|
13-35650
|
Crace v. Herzog
Person who brandished sword at police obtains habeas relief due to Washington Supreme Court failure to apply 'reasonable-probability' analysis as explicitly required under Strickland's prejudice prong. |
Criminal Law and Procedure |
|
Aug. 17, 2015 | |
|
13-55172
|
Hamdan v. United States Department of Justice
Failure to undertake segregability analysis relating to Freedom of Information Act request warrants remand as to that issue. |
Government |
|
Aug. 17, 2015 | |
|
13-56415
|
U.S. v. Rodriguez-Vega
Failure to inform client of 'virtually certain' deportation consequences stemming from conviction constitutes ineffective assistance of counsel, vacating conviction obtained through plea agreement in immigration case. |
Immigration |
|
Aug. 17, 2015 | |
|
D067137
|
First American Title Insurance Co. v. Spanish Inn Inc.
Title insurer obtains summary judgment in its favor in lawsuit seeking indemnity against borrower in mechanic's lien foreclosure actions. |
Contracts |
|
Aug. 17, 2015 | |
|
A140540
|
Sprint Telephony PCS L.P. v. State Board of Equalization
Sprint's failure to strictly comply with notice requirement by stating that property reassessment petition was also a claim for tax refund bars judicial tax-refund action. |
Taxation |
|
Aug. 17, 2015 | |
|
B256075
|
Connor v. First Student Inc.
Nothing in the Investigative Consumer Reporting Agencies Act or the Consumer Credit Reporting Agencies Act precludes application of both acts to both character and creditworthiness information. |
Consumer Law |
|
Aug. 17, 2015 |