| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A147922
|
Professional Collection Consultants v. Lujan
Summary judgment on statute of limitations grounds that is granted to defendant under Delaware law is affirmed where plaintiff fails to carry burden to show triable issue of material fact. |
Civil Procedure |
|
A. Tucher | May 24, 2018 |
|
G055499
|
J.N. v. Superior Court
Juvenile court fails to consider statutory factors in evaluating juvenile homicide offender's suitability for treatment in juvenile court system, warranting vacatur of order finding juvenile unsuitable. |
Juveniles |
|
K. O'Leary | May 24, 2018 |
|
D073018
|
People v. Balov
Arresting officer's failure to inform drunk driver of consequences of refusing chemical test did not render driver's consent to such test coercive or involuntary. |
Criminal Law and Procedure |
|
P. Benke | May 24, 2018 |
|
D072393
|
Modification: Nielsen Contracting Inc. v. Applied Underwriters Inc.
Arbitration and delegation provisions are unenforceable where they were made in violation of regulatory statute and no exception justifying violation applies. |
Contracts |
|
J. Haller | May 24, 2018 |
|
F074367
|
Marriage of Rodriguez
Judgment affirmed where court correctly applies 'Asfaw v. Woldberhan' in choosing not to deduct asset depreciation from parent's income calculations for child support. |
Family Law |
|
C. Poochigian | May 23, 2018 |
|
F073934
|
Doe v. Good Samaritan Hospital
Summary judgment improper where expert's opinion that hospital met its standard of professional care was conclusory and devoid of any facts supporting opinion. |
Torts |
|
K. Meehan | May 23, 2018 |
|
A143877
|
People v. Williams
Receipt of stolen car falls within realm of Proposition 47, even if not expressly listed in Penal Code Section 1170.18, if car's value is no more than $950. |
Criminal Law and Procedure |
|
W. Smith | May 23, 2018 |
|
C083117
|
Raines v. Coastal Pacific Food Distributors
Grant of summary adjudication on representative PAGA claim for civil penalties for violation of Labor Code Section 226(a) reversed where such claim does not require injury. |
Civil Procedure |
|
E. Duarte | May 23, 2018 |
|
15-16478
|
U.S. v. Walker River Irrigation District
Court errs in dismissing all claims under doctrine of res judicata in protracted water rights matter where litigating parties had no opportunity to brief or be heard on matter. |
Water Rights |
|
A. Tashima | May 23, 2018 |
|
15-16316
|
Nevada State Engineer v. U.S. Board of Water Commissioners
Modification to decreed water rights that proposes delivery of water from river basin to lake is appropriate where lake is part of river basin. |
Water Rights |
|
J. Bybee | May 23, 2018 |
|
15-16342
|
Mono County v. Walker River Irrigation District
Order |
|
May 23, 2018 | ||
|
A147188
|
People v. Meza
Warrantless blood draw violates Fourth Amendment, but nevertheless harmless where motorist was driving under influence of alcohol with BAC well over legal limit. |
Constitutional Law |
|
A. Tucher | May 22, 2018 |
|
A147923
|
People v. Hall
Judgment finding defendant's misdemeanor conduct admissible reversed where evidence cannot impeach 'prosecution's' evidence of defendant's statement relating to defendant's good character. |
Criminal Law and Procedure |
|
R. Dondero | May 22, 2018 |
|
G051996
|
Prince v. Invensure Ins. Brokers
A case was remanded to the trial court for further consideration because the trial court erred with respect to the validity of an offer to compromise under CCP Section 998. |
Civil Procedure |
|
E. Moore | May 22, 2018 |
|
G053002
|
Modification: Williams v. Moulton Niguel Water Dist.
Water Districts not liable under nuisance theory for chemical causing pinhole pipe leaks where chemical's inclusion was permitted by state health agency. |
Civil Procedure |
|
R. Ikola | May 22, 2018 |
|
16-285
|
Epic Systems Corp. v. Lewis
Federal Arbitration Act trumps savings clause and National Labor Relations Act, requiring enforcement of arbitration agreements, including terms requiring individualized proceedings. |
Arbitration |
|
N. Gorsuch | May 22, 2018 |
|
17-387
|
Upper Skagit Tribe v. Lundgren
Tribe's assertion of sovereign immunity to quiet title action erroneously rejected due to misplaced reliance on case law, which did not address scope of tribal sovereign immunity. |
Native American Affairs |
|
N. Gorsuch | May 22, 2018 |
|
17-5992
|
Lyle v. U.S.
Order |
|
May 22, 2018 | ||
|
17-6520
|
Houston v. U.S.
Order |
|
May 22, 2018 | ||
|
16-1275
|
Virginia Uranium Inc. v. Warren
Order |
|
May 22, 2018 | ||
|
17-773
|
Culbertson v. Berryhill
Order |
|
May 22, 2018 | ||
|
17-1011
|
Jam v. International Finance Corp.
Order |
|
May 22, 2018 | ||
|
17-1107
|
Royal v. Murphy
Order |
|
May 22, 2018 | ||
|
S065233
|
People v. Smith
Defendant fails to carry burden of persuasion in 'Batson/Wheeler' challenges despite making prima facie showing of prosecutor's race-based exclusion of Black jurors. |
Criminal Law and Procedure |
|
L. Kruger | May 22, 2018 |
|
16-55941
|
Easley v. City of Riverside
Not error for district court to sua sponte prompt briefing on qualified immunity, though defendant had indicated he would not seek such a motion. |
Immunity |
|
C. Callahan | May 21, 2018 |
|
16-15597
|
Fuqua v. Ryan
Prison inmate who brings action relating to prison's conditions under federal law exhausts administrative remedies by engaging in and completing prison's disciplinary appeal process. |
Prisoners' Rights |
|
M. Christen | May 21, 2018 |
|
G055228
|
In re Galaviz
Where court sees 'substantial evidence' raising reasonable doubt of chronically ill and tenuously-competent defendant's ability to stand trial, it must hold a competency hearing. |
Criminal Law and Procedure |
|
R. Fybel | May 21, 2018 |
|
A138219
|
People v. Kerley
Introduction of extensive evidence of domestic abuse in murder trial not violation of Evidence Code Section 352, where charged offense was 'primary focus' of prosecution. |
Criminal Law and Procedure |
|
T. Reardon | May 21, 2018 |
|
E065764
|
Modification: Curry v. Equilon Enterprises, LLC
Employees of entities who leased and operated gas stations owned by an oil company were not de facto employees of the oil company because there was no employer vis a vis employee relationship. |
Employment Law |
|
D. Miller | May 21, 2018 |
|
C079897
|
Yeager v. Holt
Denial of motion to declare suit asserting causes of action for malpractice, breach of contract, and misappropriation of name as SLAPP suit affirmed where suit does not attack expressive activity. |
Anti-SLAPP |
|
E. Duarte | May 18, 2018 |