| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
11-73406
|
Garcia v. Lynch
Waiver of right to appeal is invalid where it was based on immigration judge's erroneous advice that conviction made petitioner ineligible for relief from removal. |
Immigration |
|
May 20, 2015 | |
|
B257792
|
Albert v. Mid-Century Insurance Co.
Lawsuit stemming from trimming of neighbor's trees based on intentional, nonaccidental conduct is excluded from coverage under insurance policy. |
Insurance |
|
May 20, 2015 | |
|
B256806
|
People v. Miranda
Voluntary waiver of right to counsel is knowing and intelligent despite later claims of mental health problems, which were not apparent when defendant invoked right to self-representation. |
Criminal Law and Procedure |
|
May 20, 2015 | |
|
11-35796
|
U.S. v. Swisher
Order |
|
May 20, 2015 | ||
|
D064133
|
Kabran v. Sharp Memorial
Where plaintiff in medical negligence suit dies after trial, autopsy evidence giving more definite diagnosis as to plaintiff's injuries merits new trial. |
Civil Procedure |
|
May 20, 2015 | |
|
12-10474
|
U.S. v. Mageno
Where critical trial court transcript error leads appellate court to vacate conviction, rehearing is proper when said error is discovered and corrected. |
Criminal Law and Procedure |
|
May 19, 2015 | |
|
12-16590
|
United States v. Pickle
Failure to comply with supplemental civil procedure Rule G(6) does not vitiate standing to contest forfeiture. |
Civil Procedure |
|
May 19, 2015 | |
|
12-17810
|
Ryan v. Editions Limited West Inc.
Court properly awards artist attorney fees in copyright infringement claim, but abused its discretion in greatly reducing award without providing adequate explanation. |
Intellectual Property |
|
May 19, 2015 | |
|
F067723
|
Lee v. Silveira
Plaintiff is not entitled to recover CCP 998 fees because judgment was less than plaintiff's offer of compromise after negotiated rate differential is deducted. |
Civil Procedure |
|
May 18, 2015 | |
|
G049899
|
Jefferson Street Ventures v. City of Indio
City's regulation requiring shopping center developer to keep portion of property undeveloped in consideration of potential future governmental taking constitutes uncompensated de facto taking. |
Government |
|
May 18, 2015 | |
|
A139411
|
In re Butler
Prisoner entitled to attorney fees for settlement relating to the setting of base and adjusted base terms in sentencing of parole eligible life prisoners. |
Criminal Law and Procedure |
|
May 18, 2015 | |
|
G049161
|
Estate of Britel
Child born out of wedlock cannot establish that she is intestate decedent's natural child despite DNA evidence because decedent never held her out as his own. |
Probate and Trusts |
|
May 18, 2015 | |
|
14-857
|
Campbell-Ewald Company v. Jose Gomez
Order |
|
May 18, 2015 | ||
|
13-1487
|
Henderson v. U.S.
Court may accommodate felon's request to transfer firearms to friend if it is satisfied felon would not have control over those weapons. |
Criminal Law and Procedure |
|
May 18, 2015 | |
|
13-1412
|
City and County of San Francisco v. Sheehan
In confrontation with mentally ill person police entitled to qualified immunity when they do not have fair notice of what the Constitution requires. |
Civil Rights |
|
May 18, 2015 | |
|
13-485
|
Comptroller of Treasury of MD v. Wynne
Maryland's personal income tax system that results in multiple taxation and discourages out-of-state economic enterprise violates dormant Commerce Clause. |
Constitutional Law |
|
May 18, 2015 | |
|
13-1333
|
Coleman v. Tollefson
Court may deny in forma pauperis status to prisoner who had accumulated three prior qualifying dismissals although appeal remained pending on one dismissal. |
Civil Procedure |
|
May 18, 2015 | |
|
13-550
|
Tibble v. Edison International
Beneficiaries' lawsuit asserting pension plan was managed imprudently is not barred by statute of limitations because trustee has continuing duty to exercise prudence. |
Securities |
|
May 18, 2015 | |
|
14-400
|
Harris v. Viegelahn
Accumulated post-petition wages must be returned to debtor after conversion of Chapter 13 to Chapter 7 bankruptcy. |
Bankruptcy |
|
May 18, 2015 | |
|
13-56615
|
Zavala v. Ives
Alien may be entitled to sentencing credit for period during which he was detained by ICE pending potential criminal prosecution. |
Immigration |
|
May 18, 2015 | |
|
13-10248
|
U.S. v. Boykin
Drug dealer guilty of selling methamphetamine to confidential source on aiding and abetting theory although he did not personally handle transaction. |
Criminal Law and Procedure |
|
May 18, 2015 | |
|
09-71491
|
Maldonado v. Holder
En banc panel overrules its past precedent requiring potential deportees to show safe relocation was 'impossible,' as such precedent departs from federal regulations implementing Convention Against Torture. |
Immigration |
|
May 18, 2015 | |
|
12-57302
|
Garcia v. Google
Weak copyright claim cannot provide basis for preliminary mandatory injunction in case involving use of plaintiff's ephemeral acting segment used in anti-Islam polemic. |
Copyright |
|
May 18, 2015 | |
|
12-57302
|
Garcia v. Google
Order |
|
May 18, 2015 | ||
|
S212157
|
People v. Cross
Boykin-Tahl warnings, and appraisal of penal consequences, required before criminal defendant stipulates prior felony conviction. |
Criminal Law and Procedure |
|
May 18, 2015 | |
|
S212346
|
In re R.V.
Court errs in not applying correct deferential substantial evidence standard of review to juvenile court's determination of competency. |
Juveniles |
|
May 18, 2015 | |
|
F069419
|
Tri-Fanucchi Farms v. Agricultural Labor Relations Board (United Farm Workers of America)
Farm operator may not refuse to bargain with union despite union's purported abandonment because agricultural employees solely hold right to refuse. |
Labor Law |
|
May 17, 2015 | |
|
F068526
|
Gerawan Farming v. Agricultural Labor Rel. Bd.
Mandatory Mediation and Conciliation process, part of Cal. Labor Code, deemed an unconstitutional delegation of authority for its lack of guidance or standards. |
Constitutional Law |
|
May 17, 2015 | |
|
11-99004
|
Riley v. McDaniel
Jury instruction defining 'deliberation' as part of 'premeditation' violates due process where law at defendant's trial defined deliberation as separate element of first-degree murder. |
Criminal Law and Procedure |
|
May 17, 2015 | |
|
A141278
|
People v. Hall
Probation condition prohibiting probationer from possessing any firearm is sufficiently clear and need not include knowledge requirement to protect against unwitting violations. |
Criminal Law and Procedure |
|
May 17, 2015 |
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