| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B233078
|
Darbun Enterprises, Inc. v. San Fernando Comm. Hosp.
In cases involved mixed issues of equity and law, trial court may not act as factfinder on issues it specifically reserves for jury determination. |
Civil Procedure |
|
Aug. 13, 2015 | |
|
A139463
|
People v. James
Trial court's failure to issue unconsciousness defense instruction warrants reversal of defendant's convictions related to bizarre incident. |
Criminal Law and Procedure |
|
Aug. 13, 2015 | |
|
A140445
|
In re Kevin F.
Scienter requirement must be added to probation condition forbidding person from possessing anything he could use as a weapon; condition must require (for a violation to occur) that person intended to use such an object |
Juveniles |
|
Aug. 12, 2015 | |
|
14-72794
|
Pesticide Action Network North America v. United States EPA
EPA's years-long delay in issuing a final response to environmental organizations' petition requesting ban on pesticide is 'egregious' and warrants mandamus relief. |
Administrative Agencies |
|
Aug. 12, 2015 | |
|
11-99011
|
Cummings v. Martel
Bailiff's testimony of defendant's incriminating statement does not violate due process, failing second prong of <EM>Turner</EM> test. |
Constitutional Law |
|
Aug. 12, 2015 | |
|
12-56829
|
Castro v. County of Los Angeles
County of Los Angeles escapes liability for savage beating of arrestee at hands of another arrestee while inside sobering cell of West Hollywood Station. |
Civil Rights |
|
Aug. 12, 2015 | |
|
13-35580
|
Brennan v. Opus Bank
Arbitrator, not court should decide issues of arbitrability where parties clearly and unmistakably agree to arbitration rules that delegated issues of arbitrability to arbitrator. |
Employment Law |
|
Aug. 12, 2015 | |
|
09-99017
|
Mann v. Ryan
Order |
|
Aug. 12, 2015 | ||
|
A141143
|
In re I.C.
Four-year-old's hearsay statements contained in video and caseworker's report are substantial evidence to support finding of sexual abuse by father and resultant separation. |
Family Law |
|
Aug. 11, 2015 | |
|
10-72049
|
Madrigal-Barcenas v. Lynch
After Supreme Court ruling in 'Mellouli,' overbroad Nevada drug paraphernalia statute demands grant of immigrant's cancellation-of-removal petition. |
Immigration |
|
Aug. 11, 2015 | |
|
13-10654
|
U.S. v. Fries
Higher sentence is reasonable where defendant's prior convictions on severed counts were 'not part of the instant offense.' |
Criminal Law and Procedure |
|
Aug. 11, 2015 | |
|
13-70391
|
Northwest Requirements Utilities v. Federal Energy Regulatory Commission
Wholesale energy customers lack statutory standing to challenge federal orders where they fail to satisfy 'zone-of-interest' test. |
Administrative Agencies |
|
Aug. 11, 2015 | |
|
14-10255
|
United States v. Montoya-Gaxiola
Failure to instruct jury of mens rea element of crime constitutes non-harmless error in unlawful gun ownership case. |
Criminal Law and Procedure |
|
Aug. 11, 2015 | |
|
S211645
|
Hartford Casualty Ins. Co. v. J.R. Marketing, L.L.C.
Insurer may seek reimbursement for excessive fees charged by insured's counsel in third-party action. |
Insurance |
|
Aug. 11, 2015 | |
|
C075960
|
People v. Accredited Surety and Casualty Co. Inc.
Attempt to exonerate bail bonds fails as request to extend appearance period is based on information gathered too late |
Criminal Law and Procedure |
|
Aug. 10, 2015 | |
|
E061153
|
In re A.J.
Biological father's drug abuse and parole violations substantiate denial of visitation privileges, as does fact that he was not a 'presumed' father and, therefore, not a 'parent' for purposes of the pertinent statute. |
Dependency |
|
Aug. 10, 2015 | |
|
12-73257
|
Voss v. Commissioner of Internal Revenue
26 U.S.C. Section 163(h)(3)'s debt limit provisions apply on a per-taxpayer, rather than per-residence, basis to unmarried co-owners of a qualified residence. |
Taxation |
|
Aug. 10, 2015 | |
|
13-15707
|
Shelton v. Marshall
Prosecution's suppression of secret deal with key witness constitutes <EM>Brady</EM> violation where evidence of deal is powerful impeachment evidence. |
Criminal Law and Procedure |
|
Aug. 10, 2015 | |
|
13-30279
|
U.S. v. Lapier
Evidence of two criminal relationships for one count of conspiracy merits <EM>sua sponte</EM> 'specific unanimity' jury instruction in methamphetamine distribution case. |
Criminal Law and Procedure |
|
Aug. 10, 2015 | |
|
14-30034
|
United States v. Martin
Court errs in allowing evidence of previous run-in with state tax authorities, as it is not probative of defendant's knowledge of federal tax laws. |
Taxation |
|
Aug. 10, 2015 | |
|
13-35453
|
KS Wild v. MacWhorter
Endangered Species Act notice of violation provision simply requires potential plaintiff to provide enough information that potential defendant agency can 'identify and abate' violation. |
Administrative Agencies |
|
Aug. 10, 2015 | |
|
13-16254
|
Arizona Libertarian Party v. Bennett
Arizona's voter registration law imposes at most, a <EM>de minimus</EM> burden and is rationally related to the state's legitimate interest. |
Constitutional Law |
|
Aug. 9, 2015 | |
|
E059820
|
People v. Cardenas
Burglary count should be stayed where multiple victim exception does not apply because crimes of violence were against one victim. |
Criminal Law and Procedure |
|
Aug. 7, 2015 | |
|
G050202
|
Coldren v. Hart, King and Coldren
Departing lawyer lacks standing and no conflict of interest exists when outside firm represents both firm and attorney at firm in departing lawyer's suit. |
Attorneys |
|
Aug. 7, 2015 | |
|
A142854
|
People v. Calloway
Broad construal of incompetent-to-stand-trial statute allows mechanism for trial court to renew competency hearings in 10-year-old robbery case. |
Criminal Law and Procedure |
|
Aug. 7, 2015 | |
|
13-10242
|
U.S. v. Leung
Affidavit alleging jury misconduct barred under Rule 606(b) of the Federal Rules of Evidence, despite argument that information within reveals pretrial dishonesty. |
Evidence |
|
Aug. 7, 2015 | |
|
15-55654
|
Rodriguez v. Steck
Order |
|
Aug. 7, 2015 | ||
|
15-55873
|
Briggs et al. v. Merck, Sharp & Dohme
Failure to establish concrete proposal of jointly-tried claim in medical tort case bars removal from state to federal court as 'mass action.' |
Civil Procedure |
|
Aug. 7, 2015 | |
|
S218993
|
People v. Brown
Defendant is detained when police stop behind his parked car and activate patrol vehicle's emergency lights. |
Criminal Law and Procedure |
|
Aug. 7, 2015 | |
|
B254910
|
People v. Morris
Defendant's constitutional right to fair trial by impartial jury is violated where excused juror was allowed to testify for prosecution. |
Criminal Law and Procedure |
|
Aug. 7, 2015 |