| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B255297
|
People v. Shabazz
Defendant must comply with specific procedures before he can reduce qualifying felony convictions to misdemeanors under Proposition 47, which does not apply automatically. |
Criminal Law and Procedure |
|
Jun. 2, 2015 | |
|
F068477
|
Davis v. Fresno Unified School District
Reversal of demurrer warranted where taxpayer adequately alleges 'lease-leaseback' between school district and contractor is not a genuine lease and contractor has a conflict of interest. |
Education |
|
Jun. 2, 2015 | |
|
B259570
|
Noe v. Superior Court
Company that is aware of subcontractor's labor code violations could be penalized; however, section 226.8 of the code provides no private right of action. |
Labor Law |
|
Jun. 2, 2015 | |
|
A141947
|
Oregel v. PacPizza LLC
Employer waives right to enforce purported arbitration agreement based on its conduct and lengthy delay in filing petition to compel arbitration. |
Employment Law |
|
Jun. 2, 2015 | |
|
14-238
|
U.S., ex rel, Shea v. Cellco Partnership
Order |
|
Jun. 2, 2015 | ||
|
12-99006
|
Pensinger v. Chappell
Kidnap-murder special circumstance and death sentence must be vacated where jury was not instructed on requirement of 'independent felonious purpose.' |
Criminal Law and Procedure |
|
Jun. 2, 2015 | |
|
13-35626
|
Britton v. Colvin
Administrative law judge's denial of disability benefits is not an error, where substantial evidence shows applicant could perform light work, and where medical expert's testimony is inadequate. |
Administrative Agencies |
|
Jun. 2, 2015 | |
|
13-55106
|
Allen v. Bedolla
District court fails to meet heightened procedural standard for review of settlement negotiated in absence of certified class. |
Civil Procedure |
|
Jun. 2, 2015 | |
|
D066670
|
Moore v. City of Lemon Grove
Transfer of sewer service fees and charges to city's general fund does not violate Proposition 218 where reasonable methods are used to determine the transfer. |
Taxation |
|
Jun. 2, 2015 | |
|
B254298
|
Mira Overseas Consulting Ltd. V. Muse Family Enterprises Ltd.
Claimant's judgment lien takes priority over other competing claimant's lien because its lien related back to recording of lis pendens. |
Real Property |
|
Jun. 2, 2015 | |
|
14–939
|
Taylor v. Barkes
Government officials are entitled to qualified immunity for inmate's suicide where there was no clearly established right to adequate screening and prevention measures at time of inmate's death. |
Government |
|
Jun. 1, 2015 | |
|
13-1034
|
Mellouli v. Lynch
Drug-paraphernalia possession conviction under Kansas law does not trigger removal under 8 U.S.C. Section 1227(a)(2)(B)(i). |
Immigration |
|
Jun. 1, 2015 | |
|
13–1421
|
Bank of America N.A. v. Caulkett
Debtor may not void junior mortgage under Bankruptcy Code Section 506(d) even if debt owed on senior mortgage exceeds present value of property. |
Bankruptcy |
|
Jun. 1, 2015 | |
|
14-86
|
EEOC v. Abercrombie & Fitch Stores Inc.
Disparate-treatment claim based on failure to accommodate religious practice does not impose a knowledge requirement; plaintiff need only show motive. |
Employment Law |
|
Jun. 1, 2015 | |
|
13-983
|
Elonis v. United States
'Reasonable person' standard improperly applied in context of criminal-threat-by-Facebook case; renders culpability level negligence, which cannot support the conviction. |
Criminal Law and Procedure |
|
Jun. 1, 2015 | |
|
14-1376
|
Bronitsky v. Bea (In re Bea)
Debtor's chapter 13 plan does not necessarily violate Bankruptcy Code even if it deferred equal payments to secured creditors. |
Bankruptcy |
|
Jun. 1, 2015 | |
|
13-17005
|
Guam Industrial Services Inc. v. Zurich American Insurance Co.
Insurer not liable for cost of retrieving oil barrels from sea where no oil ever leaked out and barrel itself did not constitute 'pollutant.' |
Insurance |
|
Jun. 1, 2015 | |
|
S076337
|
People v. Charles
Admitting into evidence jailhouse letter by means of adoptive admission exception to hearsay rule was not error, where defendant's behavior clearly implied he authored the letter. |
Evidence |
|
Jun. 1, 2015 | |
|
S215132
|
State Dept. of State Hospitals v. Superior Court
Department of Mental Health has a duty under the Sexually Violent Predators Act but plaintiff cannot establish its alleged breach caused her sister's death. |
Torts |
|
Jun. 1, 2015 | |
|
G049139
|
Verdugo v. Alliantgroup
Enforcing forum selection clause in employment agreement designating Texas as exclusive forum violates California's public policy regarding employee compensation. |
Employment Law |
|
May 31, 2015 | |
|
B258021
|
Greene v. Bank of America
Where criminal defendant unsuccessfully challenged veracity of principal witness in probable cause hearing, that finding has preclusive effect and stymies eventual malicious prosecution claim after defendant's acquittal. |
Civil Procedure |
|
May 31, 2015 | |
|
B253860
|
Sela v. Medical Board of California
Trial court's judgment in physician disciplinary matter that affects status of physician's license is not directly appealable but reviewable only by means of extraordinary writ. |
Civil Procedure |
|
May 31, 2015 | |
|
12-17575
|
Stankova v. Metropolitan Property and Casualty Insurance Co.
Homeowner may proceed with lawsuit against insurer that denied coverage, where home was destroyed by mudslide resulting from wildfire. |
Insurance |
|
May 31, 2015 | |
|
13-35401
|
McCormack v. Herzog
Sections 18-505, 18-608(2), 18-608(1) and 18-605 of the Idaho Code regulating abortions are unconstitutional. |
Civil Rights |
|
May 31, 2015 | |
|
F067831
|
Salazar v. Thomas
Notice of default issued under a deed of trust is not sufficient to dispute owners' possession and thus commence statute of limitations on owners' action for quiet title. |
Real Property |
|
May 31, 2015 | |
|
H040674
|
Doe v. Superior Court
Duty to prevent harm and duty to disclose are not discrete but rather part of the general duty to act reasonably in fraud by concealment action. |
Torts |
|
May 31, 2015 | |
|
B253003
|
People v. Tingcungco
Tolling of appearance period for bail jumper not statutorily supported without prosecutorial assent. |
Criminal Law and Procedure |
|
May 31, 2015 | |
|
14-1482
|
Partida v. U.S. Dept. of Justice (In re Partida)
Government may enforce bankruptcy debtor's criminal restitution obligations by garnishing her retirement and pension without violating automatic stay. |
Bankruptcy |
|
May 28, 2015 | |
|
12-16935
|
Nettles v. Grounds
Prisoner's claim that does not "necessarily spell speedier release" is not cognizable as habeas corpus action. |
Prisoners Rights |
|
May 28, 2015 | |
|
12-30185
|
U.S. v. Martinez
Defendant was not removable based on aggravated felony because Washington state conviction for third-degree child molestation did not categorically qualify as generic sexual abuse of minor. |
Criminal Law and Procedure |
|
May 28, 2015 |