| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C067260
|
People v. Hernandez
Juvenile offender’s sentence of 61 years to life constitutes cruel and unusual punishment despite new law allowing him to seek parole within his lifetime. |
Criminal Law and Procedure |
|
Dec. 12, 2014 | |
|
12-50598
|
U.S. v. Camou
Warrantless search of arrestee’s cell phone is unconstitutional because it occurred more than one hour after arrest and intervening acts made search unreasonable. |
Criminal Law and Procedure |
|
Dec. 12, 2014 | |
|
H037353
|
People v. Sanchez
Juvenile offender’s life sentence without parole is overturned in light of recent U.S. and California Supreme Court decisions requiring consideration of ‘attributes of youth’ during sentencing. |
Criminal Law and Procedure |
|
Dec. 12, 2014 | |
|
E059859
|
People v. Gonzalez
Gang member who flashed gang signs, gun fingers, and throat slashing gestures at off-duty officers may be prosecuted for criminal threats. |
Criminal Law and Procedure |
|
Dec. 11, 2014 | |
|
E053187
|
California Bank & Trust v. Del Ponti
Guarantors may raise equitable defenses in defending suit by creditor where creditor willfully breached agreement even though guarantee agreement included waiver provision. |
Contracts |
|
Dec. 11, 2014 | |
|
D064639
|
Maas v. Superior Court (People)
Habeas corpus petitioner has absolute right to peremptory challenge judge assigned to his case, whom petitioner claimed was biased against him. |
Criminal Law and Procedure |
|
Dec. 11, 2014 | |
|
11-17484
|
State of Arizona v. ASARCO LLC
Punitive damages award of $300,000 against employer in Title VII sexual harassment case comports with due process. |
Employment Law |
|
Dec. 11, 2014 | |
|
14-1021
|
Khan v. Barton (In re Khan)
State court judgment is not subject to mandatory subordination in individual debtors’ bankruptcy filings because it was not related to distribution of corporate assets. |
Bankruptcy |
|
Dec. 11, 2014 | |
|
13-1502
|
Gray v. Warfield (In re Gray)
Bankruptcy court may not disallow debtors’ amendment claiming exemption for prepaid rent based on debtors’ alleged bad faith conduct. |
Bankruptcy |
|
Dec. 11, 2014 | |
|
B252476
|
Ardon v. City of Los Angeles
City’s inadvertent disclosure of privileged documents pursuant to Public Records Act request constitutes waiver of privilege, permitting public disclosure. |
Government |
|
Dec. 11, 2014 | |
|
A139464
|
People v. Rahbari
Businessman may escape paying entire $100,300 in restitution where trial court imposed split sentence on his conviction for passing checks with insufficient funds. |
Criminal Law and Procedure |
|
Dec. 11, 2014 | |
|
14-144
|
Walker v. Sons of Confederate Vets, et al.
Order |
|
Dec. 9, 2014 | ||
|
A140232
|
J.B.B. Investment Partners Ltd. v. Fair
Businessman’s automatically generated e-mail signature is ineffective to enforce settlement agreement because it does not constitute ‘electronic signature.’ |
Contracts |
|
Dec. 9, 2014 | |
|
F068818
|
Friends of the Kings River v. County of Fresno (Colony Land Co. L.P.)
State Mining and Geology Board’s decision granting organization’s appeal of mining project’s reclamation plan does not invalidate County’s prior approval of plan. |
Environmental Law |
|
Dec. 9, 2014 | |
|
14-1106
|
Starky v. Birdsell (In re Starky)
Bankruptcy court may award reasonable attorney fees and costs against debtors for dragging proceeding for too long due to inaction. |
Bankruptcy |
|
Dec. 9, 2014 | |
|
13-517
|
Warger v. Shauers
Juror affidavit outlining jury foreperson’s alleged bias is inadmissible in postverdict motion for new trial because it inquires into validity of the verdict. |
Torts |
|
Dec. 9, 2014 | |
|
13-433
|
Integrity Staffing Solutions Inc. v. Busk
Time spent waiting to undergo and undergoing security screenings is not compensable under Fair Labor Standards Act. |
Employment Law |
|
Dec. 9, 2014 | |
|
B246522
|
People v. Murillo
Mistrial in murder case must be granted when witness refused to answer over 100 leading questions by prosecutor about his out-of-court statements identifying shooter. |
Criminal Law and Procedure |
|
Dec. 9, 2014 | |
|
A141001
|
Jose O., a Minor
Minor’s mere presence with runaway girlfriend is insufficient to support finding that he contributed to delinquency of minor. |
Juveniles |
|
Dec. 9, 2014 | |
|
B250922
|
Los Angeles Police Protective League v. City of Los Angeles
Lieutenant is not entitled to administrative appeal of her involuntary transfer to another division because her transfer was not punitive in nature. |
Government |
|
Dec. 9, 2014 | |
|
B255038
|
I.M., a Minor
Trial court may order stepfather’s adoption of child to proceed without transporting prisoner-parent, who did not consent to adoption, to court for hearing. |
Juveniles |
|
Dec. 8, 2014 | |
|
B251434
|
Annocki v. Peterson Enterprises LLC
Parents of decedent, who was killed by restaurant patron while leaving restaurant parking lot, may sue restaurant for maintaining allegedly dangerous parking lot. |
Torts |
|
Dec. 8, 2014 | |
|
14-6531
|
Credico v. Pennsylvania, et al.
Order |
|
Dec. 8, 2014 | ||
|
14-6532
|
Credico v. Guthrie, et al.
Order |
|
Dec. 8, 2014 | ||
|
13-896
|
Commil USA v. Cisco Systems, Inc.
Order |
|
Dec. 8, 2014 | ||
|
13-1433
|
Brumfield v. Cain
Order |
|
Dec. 8, 2014 | ||
|
S209975
|
People v. Lavender
Juror misconduct in discussing defendants’ decisions not to testify is not categorically prejudicial so as to require automatic reversal or new trial. |
Criminal Law and Procedure |
|
Dec. 8, 2014 | |
|
10-17443
|
Shirk v. United States
Negligence claim against United States for actions of tribal officers may proceed if activity is encompassed by federal contract and within scope of employment. |
Native American Affairs |
|
Dec. 8, 2014 | |
|
12-15788
|
Alvarez v. Tracy
Petitioner's exhaustion of tribal remedies is prerequisite for federal court's exercise of jurisdiction although failure to exhaust remedies does not deprive court of jurisdiction. |
Native American Affairs |
|
Dec. 8, 2014 | |
|
13-17082
|
National Association for the Advancement of Multijurisdiction Practice v. Berch
Arizona Supreme Court’s rule that allows attorneys admission to state bar on motion is constitutional because it does not discriminate against non-residents. |
Constitutional Law |
|
Dec. 8, 2014 |
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