| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C069195
|
People v. Phoenix
Sentencing court pronouncing aggregate term and imposing combined sentence must determine presentence custody credits even if previous case is from different county. |
Criminal Law and Procedure |
|
Nov. 24, 2014 | |
|
A138758
|
People v. Moreno
Denial of ex-felon’s petition for certificate of rehabilitation does not violate equal protection because he became ineligible once his felonies were reduced to misdemeanors. |
Criminal Law and Procedure |
|
Nov. 24, 2014 | |
|
12-56080
|
Gant v. County of Los Angeles
District court improperly dismisses detainee’s due process claim against Los Angeles County where genuine issue over alleged mistaken identity remained. |
Criminal Law and Procedure |
|
Nov. 24, 2014 | |
|
13-10146
|
U.S. v. Brooks
Supervisor’s out-of-court statement violates drug offender’s confrontation rights because supervisor was not unavailable and offender did not have opportunity for cross-examination. |
Criminal Law and Procedure |
|
Nov. 24, 2014 | |
|
13-30212
|
U.S. v. Prince
Career criminal receives enhanced sentence because prior conviction for attempted robbery posed risks similar to violent felonies enumerated under Armed Career Criminal Act. |
Criminal Law and Procedure |
|
Nov. 24, 2014 | |
|
B250728
|
Ben-Shahar v. Pickart
Displaced tenant’s lawsuit against buyer of rent-controlled apartment is not subject to special motion to strike, and tenant may even be entitled to attorney fees. |
Real Property |
|
Nov. 24, 2014 | |
|
A138306
|
Mountain Air Enterprises LLC v. Sundowner Towers LLC
Trial court improperly denies attorney fees provided under agreement by erroneously concluding that agreement did not encompass affirmative defense of novation. |
Contracts |
|
Nov. 23, 2014 | |
|
13-10218
|
U.S. v. Agront
Dept. of Veterans Affairs regulation prohibiting disorderly conduct that creates loud, boisterous, and unusual noise is not unconstitutionally vague as applied. |
Criminal Law and Procedure |
|
Nov. 23, 2014 | |
|
13-50086
|
U.S. v. Reyes
Smuggler receives sentencing enhancement because it was reasonably foreseeable, due to sheer number of individuals smuggled, that unaccompanied minors would be smuggled. |
Criminal Law and Procedure |
|
Nov. 23, 2014 | |
|
D063734
|
Diego v. Pilgrim United Church of Christ
California public policy precludes preschool from retaliating against employee based on its mistaken belief that employee reported alleged health code violations. |
Employment Law |
|
Nov. 23, 2014 | |
|
B249253
|
Laffitte v. Robert Half International Inc.
33.3 percent calculation of class counsel attorney fees paid from $19 million class settlement common fund is proper as a reasonable percentage. |
Civil Procedure |
|
Nov. 23, 2014 | |
|
D064271
|
California Valley Miwok Tribe v. California Gambling Control Commission
Gambling Control Commission may withhold trust funds from tribe indefinitely, until Bureau of Indian Affairs indicates that internal tribal dispute has been resolved. |
Gaming |
|
Nov. 23, 2014 | |
|
A135615
|
People v. Gardner
Defendant who is competent to stand trial is not competent to represent himself, given he suffered from expressive language disorder that prevented coherent communication. |
Criminal Law and Procedure |
|
Nov. 23, 2014 | |
|
F067812
|
First California Bank v. McDonald
Bank is not entitled to deficiency judgment against debtors who did not consent to disposal of one of two properties securing the loan. |
Real Property |
|
Nov. 23, 2014 | |
|
B245085
|
Izell v. Union Carbide Corp.
Reduction of compensatory damages award in asbestos case from $30 million to $6 million does not also require reduction of $18 million punitive damages award. |
Torts |
|
Nov. 23, 2014 | |
|
S221038
|
Bristol-Myers Squibb Company v. S.C. (Anderson)
Order |
|
Nov. 21, 2014 | ||
|
14-1052
|
Ellis v. Yu (In re Ellis)
Bankruptcy court cannot grant extraordinary ‘in rem’ relief to property owner who was not a secured creditor in debtor’s chapter 7 bankruptcy filing. |
Bankruptcy |
|
Nov. 20, 2014 | |
|
S221958
|
People v. Canizales
Order |
|
Nov. 20, 2014 | ||
|
S221290
|
Hollingsworth and Vose Company v. S.C. (Wismer)
Order |
|
Nov. 20, 2014 | ||
|
S221666
|
Yother v. S.C. (People)
Order |
|
Nov. 20, 2014 | ||
|
13-35253
|
Alliance for the Wild Rockies v. U.S. Dept. of Agriculture
Group has standing to assert Endangered Species Act claims challenging alleged harassment of protected grizzly bears via helicopter hazing of Yellowstone bison. |
Environmental Law |
|
Nov. 20, 2014 | |
|
12-55479
|
Laguna v. Coverall North America Inc.
Order |
|
Nov. 20, 2014 | ||
|
S210898
|
People v. Smith
Gang member is properly convicted as aider and abettor in murders of members of his own gang, which ocurred as natural and probable consequence of ‘jump out’ he set up. |
Criminal Law and Procedure |
|
Nov. 20, 2014 | |
|
C077031
|
Saltonstall v. City of Sacramento (Sacramento Basketball Holdings LLC)
Statute that modified deadlines for environmental review of new Sacramento Kings sports arena project under CEQA does not violate separation of powers doctrine. |
Environmental Law |
|
Nov. 20, 2014 | |
|
A136626
|
Lofton v. Wells Fargo Home Mortgage
Trial court properly issues temporary restraining order against law group that engaged in secret settlement negotiations at the expense of class members. |
Attorneys |
|
Nov. 20, 2014 | |
|
H040146
|
Negro v. Superior Court (Navalimpianti USA Inc.)
Gmail account holder's consent to production of emails in accordance with Florida court order permits Google to disclose emails without violating Stored Communications Act. |
Civil Procedure |
|
Nov. 19, 2014 | |
|
H040388
|
People v. Chubbuck
Inmate is ineligible for resentencing relief under Three Strikes Reform Act because he intended to cause great bodily injury during underlying solicitation offense. |
Criminal Law and Procedure |
|
Nov. 19, 2014 | |
|
G048888
|
Helgestad v. Vargas
Father may be entitled to credit for actual, in-the-home child support provided to children during period of reconciliation with mother when parents lived together. |
Family Law |
|
Nov. 19, 2014 | |
|
10-73384
|
Vargas Cervantes v. Holder
BIA errs in removing lawful resident after concluding he was convicted of spousal abuse based on his in-court admission, which was outside of record of conviction. |
Immigration |
|
Nov. 19, 2014 | |
|
11-55247
|
Taylor v. Cate
Criminal defendant who was convicted of murder and attempted robbery may not be resentenced as aider and abettor without first being granted new trial. |
Criminal Law and Procedure |
|
Nov. 19, 2014 |