| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
E056989
|
AmeriGas Inc. v. Landstar Ranger Inc.
Motor carrier does not have to indemnify propane company for injuries suffered by truck driver during unloading of propane tanks at company’s private yard. |
Torts |
|
Oct. 27, 2014 | |
|
12-35801
|
Abbott v. Federal Bureau of Prisons
Federal Bureau of Prisons improperly finds inmate is ineligible for early release based on prior Montana conviction for unlawful restraint. |
Criminal Law and Procedure |
|
Oct. 27, 2014 | |
|
11-72570
|
Padilla-Martinez v. Holder
Fax copy of state court transcript may be used to show resident’s California conviction for sale of controlled substance makes him removable. |
Immigration |
|
Oct. 27, 2014 | |
|
H039774
|
D.S., a Minor
Biological father does not qualify for presumed father status where his own bad decisions precluded him from carrying out parental responsibilities to child. |
Juveniles |
|
Oct. 27, 2014 | |
|
B249146
|
Jones v. Martinez
Shareholder may not seek discovery to show prefiling demand on company’s board would have been futile in order to maintain derivative action. |
Corporations |
|
Oct. 27, 2014 | |
|
10-73448
|
Sandoval-Gomez v. Holder
Order |
|
Oct. 26, 2014 | ||
|
11-72401
|
Hernandez de Martinez v. Holder
Mexican citizen is removable due to Arizona criminal impersonation conviction, even if she only used false Social Security number to obtain employment. |
Immigration |
|
Oct. 26, 2014 | |
|
13-10377
|
U.S. v. Castro-Ponce
Narcotics trafficker may not receive sentence increase based on obstruction of justice until district court finds his false testimony was also material and willful. |
Criminal Law and Procedure |
|
Oct. 26, 2014 | |
|
E058232
|
Quintanar v. County of Riverside
Hearing officer’s alleged failure to use independent judgment in upholding police officer’s demotion does not prejudicially affect his substantive rights. |
Employment Law |
|
Oct. 26, 2014 | |
|
C075626
|
L.S., a Minor
Parents are entitled to rehearing on petitions to modify prior order bypassing reunification services after court applied heightened clear and convincing evidence standard. |
Juveniles |
|
Oct. 26, 2014 | |
|
E058264
|
People v. Anthony
Inmate is ineligible for resentencing under Three Strike Reform Act when serving one sentence for a serious or violent felony and another which was not. |
Criminal Law and Procedure |
|
Oct. 26, 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 |
|
Oct. 26, 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 |
|
Oct. 23, 2014 | |
|
A136516
|
Gottschall v. Crane Co.
Superior court improperly grants Crane Co. judgment based on Pennsylvania federal court’s improper interpretation of California law on ‘sophisticated user’ defense. |
Torts |
|
Oct. 23, 2014 | |
|
A139041
|
People v. Rossetti
Warrantless blood sample taken from drunken driving suspect need not be suppressed when police had good faith belief that California law did not require warrant. |
Criminal Law and Procedure |
|
Oct. 23, 2014 | |
|
S220891
|
People v. Shapiro
Order |
|
Oct. 23, 2014 | ||
|
S221063
|
Williams v. S.C. (People)
Order |
|
Oct. 23, 2014 | ||
|
S219534
|
Kesner v. S.C. (Pneumo Abex)
Order |
|
Oct. 23, 2014 | ||
|
S219919
|
Haver v. BNSF Railway
Order |
|
Oct. 23, 2014 | ||
|
11-57255
|
Williams v. Swarthout
Judge’s mistaken statement to jury that defendant pleaded guilty to charges constitutes prejudicial error, despite judge’s later curative instructions. |
Criminal Law and Procedure |
|
Oct. 23, 2014 | |
|
13-10464
|
U.S. v. Moore
Drug trafficker who stood by while officers searched home he shared with his fiancée cannot invalidate fiancée’s consent to search, absent his express refusal. |
Criminal Law and Procedure |
|
Oct. 23, 2014 | |
|
13-73278
|
Hughes v. U.S.
U.S. Supreme Court rule that any fact increasing mandatory minimum is an element that must be submitted to jury is not retroactive to cases on collateral review. |
Criminal Law and Procedure |
|
Oct. 23, 2014 | |
|
B243015
|
Bowman v. California Coastal Commission
Court may not require property owner to dedicate coastal easement as condition of obtaining development permit, where easement amounts to unconstitutional taking. |
Real Property |
|
Oct. 23, 2014 | |
|
E059692
|
Jenkins v. Teegarden
Quitclaim of home to drafter, who was unrelated to prior owner, is invalid as donative transfer when drafter did not give fair or adequate consideration for home. |
Probate and Trusts |
|
Oct. 23, 2014 | |
|
B242262
|
Kenne v. Stennis
Intentional infliction of emotional distress claim based on conduct related to various lawsuits may be stricken since conduct is protected by litigation privilege. |
Torts |
|
Oct. 22, 2014 | |
|
B251492
|
People v. Harbison
Nonviolent drug offenders, who have repeatedly been ordered into treatment, but have been found unamenable, must be sentenced to 30 days following conviction. |
Criminal Law and Procedure |
|
Oct. 22, 2014 | |
|
B245611
|
People v. Dawkins
Trial court properly admits 9-1-1 recording about ongoing burglary made by anonymous caller based on deputy’s testimony regarding recording’s authenticity. |
Criminal Law and Procedure |
|
Oct. 22, 2014 | |
|
12-50294
|
U.S. v. Vera
District court’s failure to admonish jury regarding officer’s dual roles as lay and expert witness warrants resentencing of defendants' drug convictions. |
Criminal Law and Procedure |
|
Oct. 22, 2014 | |
|
13-30163
|
U.S. v. Bell
Right to counsel is not violated where self-represented defendant had opportunity to make closing argument, even though court did not prompt him to make one. |
Criminal Law and Procedure |
|
Oct. 22, 2014 | |
|
D064890
|
Juan A., a Minor
Minor’s refusal to stop and answer officer’s questions does not constitute offense of resisting an officer when officer did not command him to stop. |
Juveniles |
|
Oct. 22, 2014 |