| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B251596
|
People v. Espinoza
Three strikes offender still must participate in post-release community supervision, although he was resentenced and released after serving more than 15 years. |
Criminal Law and Procedure |
|
May 28, 2014 | |
|
12-90155
|
In re Complaint of Judicial Misconduct
Order |
|
May 28, 2014 | ||
|
B244689
|
American Master Lease LLC v. Idanta Partners Ltd.
Venture capital firm may be liable for aiding and abetting breach of fiduciary duty by substantially assisting breach, although firm did not owe plaintiff company a duty. |
Corporations |
|
May 28, 2014 | |
|
A137349
|
In re Riley
Board of Parole Hearings improperly denies parole to murderer by failing to consider his 30 years of sobriety and his age as a relevant factor. |
Criminal Law and Procedure |
|
May 27, 2014 | |
|
B245342
|
David v. Hernandez
New trial is required in vehicular accident case, where trial court’s express finding that truck driver violated Vehicle Code was inconsistent with jury’s verdict. |
Torts |
|
May 27, 2014 | |
|
12-10304
|
U.S. v. Ezeta
College professor commits financial aid fraud by doctoring financial aid forms for students without their knowledge, although he did not personally receive funds. |
Criminal Law and Procedure |
|
May 27, 2014 | |
|
D063779
|
Graham v. Bank of America N.A.
Homeowner may not sue banks for fraud based on appraisal stating value of home was increasing, because appraisal was mere opinion for lenders’ benefit. |
Real Property |
|
May 27, 2014 | |
|
A137439
|
Felicity S., a Minor
Preteen's appellate attorney is admonished for filing brief that urged placement with mother, which directly contrasted with trial attorney's position. |
Juveniles |
|
May 27, 2014 | |
|
B249651
|
People v. Johnson
Inmate is ineligible for resentencing under Three Strikes Reform Act, although witness intimidation was not a serious felony when he committed it in 1998. |
Criminal Law and Procedure |
|
May 27, 2014 | |
|
12-90162
|
In re Complaint of Judicial Misconduct
Order |
|
May 27, 2014 | ||
|
S216878
|
People v. Miami Nation Enterprises
Order |
|
May 23, 2014 | ||
|
S202433
|
People v. Wright
Order |
|
May 23, 2014 | ||
|
A137081
|
Gloster v. Sonic Automotive Inc.
Former employee must arbitrate his claims against employer, even though third party was involved, because he agreed to arbitrate under Federal Arbitration Act. |
Employment Law |
|
May 23, 2014 | |
|
S059912
|
People v. Montes
Capital murderer may not also be convicted of carjacking, because it was already included in offense of kidnapping during a carjacking. |
Criminal Law and Procedure |
|
May 23, 2014 | |
|
A139769
|
In re LeBlanc
Governor’s denial of parole to inmate, who fatally stabbed domestic partner’s child, is upheld because lack of insight and mental instability showed his current dangerousness. |
Criminal Law and Procedure |
|
May 23, 2014 | |
|
S059912
|
People v. Montes
Order |
|
May 23, 2014 | ||
|
S217404
|
People v. S.C. (Flores)
Order |
|
May 23, 2014 | ||
|
S217787
|
People v. Lara
Order |
|
May 23, 2014 | ||
|
S212145
|
McKinley (Donnie Ray) on H.C.
Order |
|
May 23, 2014 | ||
|
S214502
|
Jacobs (Mathew James) on H.C.
Order |
|
May 23, 2014 | ||
|
13-10341
|
U.S. v. Colon-Arreola
District court correctly imposes 16-level sentencing increase, because defendant’s prior conviction for battery on a peace officer constituted ‘crime of violence.’ |
Criminal Law and Procedure |
|
May 23, 2014 | |
|
G047199
|
People v. Gonzalez
Juvenile offender’s 50-years-to-life sentence is not unconstitutional because he was guaranteed a parole hearing after his 25th year in prison. |
Juveniles |
|
May 23, 2014 | |
|
A137218
|
SHC Half Moon Bay v. County of San Mateo
San Mateo County Assessor improperly assesses value of luxury hotel for tax purposes, because it did not exclude intangible assets, such as hotel’s workforce. |
Taxation |
|
May 23, 2014 | |
|
A138949
|
Wheatherford v. City of San Rafael
Citizen may not bring taxpayer action to challenge city and county enforcement practices regarding vehicle impoundment because she never paid any property taxes. |
Government |
|
May 23, 2014 | |
|
B247188
|
Yvanova v. New Century Mortgage Corp.
Borrower cannot bring quiet title action against financial institutions based on alleged impropriety of transfer and assignment of note, after failing to pay loan balance. |
Real Property |
|
May 23, 2014 | |
|
G049095
|
J.C., a Minor
Mother loses parental rights to child after she failed to regularly visit child and could not show clear benefit of maintaining parent-child relationship. |
Juveniles |
|
May 23, 2014 | |
|
G047718
|
Mega RV Corp. HWH Corp.
Hydraulics manufacturer may not recover attorney fees from motor home retailer under ‘tort of another’ doctrine, because underlying case did not involve any torts. |
Civil Procedure |
|
May 22, 2014 | |
|
10-71999
|
Singh v. Holder
Indian citizen must return to India although he was persecuted for supporting Sikhs because Sikh relations in India have changed since he left. |
Immigration |
|
May 22, 2014 | |
|
11-55780
|
Beauchamp v. City of Long Beach
Order |
|
May 22, 2014 | ||
|
C068915
|
Cottini v. Enloe Medical Center
Wheelchair athlete, who sued hospital for its employees’ negligence, may not offer expert witness testimony after failing to disclose witnesses by discovery cutoff date. |
Civil Procedure |
|
May 22, 2014 |