| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
H041742
|
People v. Rivera
Despite felony offense being designated as misdemeanor under Proposition 47, Courts of Appeal still have jurisdiction when crime was charged as felony. |
Criminal Law and Procedure |
|
Feb. 2, 2015 | |
|
H041737
|
People v. Lynall
Despite felony offense being designated as misdemeanor under Proposition 47, Courts of Appeal still have jurisdiction when crime was charged as felony. |
Criminal Law and Procedure |
|
Feb. 2, 2015 | |
|
A140387
|
Rubin v. Padilla
‘Top-two’ electoral system, which essentially creates two-step general election process, is not unconstitutional. |
Constitutional Law |
|
Feb. 2, 2015 | |
|
G048139
|
People v. Cannata
Statements admitting child sexual abuse fall outside psychotherapist-patient privilege. |
Criminal Law and Procedure |
|
Feb. 2, 2015 | |
|
B252411
|
Jackson v. AEG Live LLC
Concert promoter’s pressuring doctor to keep Michael Jackson healthy to meet contractual obligations does not constitute negligence. |
Torts |
|
Feb. 2, 2015 | |
|
12-15029
|
Volpicelli v. U.S.
Because 26 U.S.C. § 6532 is not 'jurisdictional,' its limitations period may be equitably tolled. |
Civil Procedure |
|
Feb. 2, 2015 | |
|
12-10492
|
U.S. v. Hsiung
In criminal antistrust case, convictions of all defendants affirmed; sentence of one defendant who submitted challenge affirmed; and petitions for rehearing and rehearing en banc denied. |
Criminal Law and Procedure |
|
Feb. 2, 2015 | |
|
B247080
|
Velasquez v. Centrome
Court informing jurors of personal injury plaintiff’s undocumented status deemed an error. |
Civil Procedure |
|
Feb. 2, 2015 | |
|
13-56132
|
Baca v. Adams
Order |
|
Feb. 2, 2015 | ||
|
G049935
|
People v. Ramirez
Defendants who provoked gang fight not necessarily disqualified from self-defense in subsequent murder prosecution. |
Criminal Law and Procedure |
|
Jan. 30, 2015 | |
|
H039219
|
People v. Espinoza
Criminal trial may proceed in pro se defendant’s absence only if record shows voluntary and knowing waiver of fundamental trial rights. |
Criminal Law and Procedure |
|
Jan. 30, 2015 | |
|
G050446
|
Cobb v. Ironwood Country Club
Club cannot force members into arbitration based on bylaw that became effective after members filed lawsuit. |
Contracts |
|
Jan. 30, 2015 | |
|
S222732
|
Dynamex Operations West v. Superior Court (Lee)
Order |
|
Jan. 30, 2015 | ||
|
S209167
|
Johnson v. Department of Justice
Rational basis supports different registration consequences for unlawful intercourse offenders and unlawful oral copulation offenders. |
Administrative Agencies |
|
Jan. 30, 2015 | |
|
S207536
|
Richey v. Autonation Inc.
Arbitrator’s award in employer’s favor is upheld regardless of whether ‘honest belief’ defense applied in employee's case. |
Employment Law |
|
Jan. 30, 2015 | |
|
H039779
|
People v. Almanza
Sex offender fails to overturn conviction because counsel’s serious conflicts did not prejudice him. |
Criminal Law and Procedure |
|
Jan. 30, 2015 | |
|
B251752
|
MacQuiddy v. Mercedes-Benz USA LLC
Mercedes-Benz’s offer to repurchase car in ‘undamaged condition’ makes ‘998 offer’ ambiguous and invalid. |
Business Law |
|
Jan. 30, 2015 | |
|
D063147
|
Fazio v. Fairbanks Ranch Country Club
Country club cannot prevail on summary judgment motion without showing it did not increase inherent risk to musician in its construction of stage. |
Torts |
|
Jan. 30, 2015 | |
|
B254082
|
Ogden Entertainment Services v. Workers’ Compensation Appeals Board
Lifetime workers’ compensation award to permanently psychiatrically disabled worker overturned due to his refusal to submit to cross-examination. |
Workers' Compensation |
|
Jan. 30, 2015 | |
|
G050155
|
Woody's Group v. City of Newport Beach
Council member’s bias should have disqualified him from participating in land-use hearing. |
Administrative Agencies |
|
Jan. 30, 2015 | |
|
B243788
|
Augustus v. ABM Security
Remaining on-call not tantamount to actually working, for purposes of employee rest breaks. |
Labor Law |
|
Jan. 30, 2015 | |
|
G047429
|
Gray1 v. SCC Acquisitions
Payment of judgment with certified cashier’s check renders subsequent attorney fee request untimely. |
Civil Procedure |
|
Jan. 29, 2015 | |
|
E057158
|
Eriksson v. Nunnink
‘Placeholder’ for horse trainer’s surname in waiver does not create ambiguity rendering such waiver inapplicable. |
Torts |
|
Jan. 29, 2015 | |
|
D064922
|
R.M. v. T.A.
Constitutionality of ‘presumed parent’ statute upheld. |
Constitutional Law |
|
Jan. 29, 2015 | |
|
A137815
|
Richardson v. Franc
20 years of uninterrupted permissive use of access and utility easement for landscaping improvements creates irrevocable license to maintain such landscaping. |
Real Property |
|
Jan. 29, 2015 | |
|
B238618
|
FTR International Inc. v. Rio School District
Public works contractor may only recover attorney fees on claim for which they are allowed when there are no common issues with other claims. |
Government |
|
Jan. 29, 2015 | |
|
C072981
|
People v. Zinda
Justified-homicide-during-lawful-arrest instruction not required where defendant’s intention was only to kill. |
Criminal Law and Procedure |
|
Jan. 29, 2015 | |
|
H040702
|
Arteaga v. Superior Court (People)
Grand jury indictment may be based on uncorroborated accomplice testimony. |
Criminal Law and Procedure |
|
Jan. 29, 2015 | |
|
B252838
|
Los Angeles Memorial Coliseum Commission v. Insomniac Inc.
Public entity may be entitled to disgorgement of profits that came from ticket sales resulting from agreement negotiated by financially interested public employee. |
Government |
|
Jan. 29, 2015 | |
|
B249890
|
Maroney v. Iacobsohn
Service of judgment by plaintiff upon defendant does not trigger jurisdictional limits when plaintiff moves for new trial. |
Civil Procedure |
|
Jan. 29, 2015 |