| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S247677
|
Gonzalez v. Mathis
Order |
|
May 18, 2018 | ||
|
S239713
|
People v. Rodriguez
Juvenile sentenced to 50 years to life prior to 'Franklin' decision entitled to remand for a chance to supplement the record for his youth offender parole hearing on the 25th year of incarceration. |
Constitutional Law |
|
G. Liu | May 18, 2018 |
|
S235556
|
People v. Ruiz
Fees imposed under Penal Code Section 182 (a) on conviction for 'conspiracy' to commit crime affirmed where fees constitute punishment pursuant to Legislature's intent. |
statutory_interpretation |
|
M. Chin | May 18, 2018 |
|
S104144
|
Modification: People v. Perez
A defense attorney burdened by an 'actual' conflict of interest violates a defendant's constitutional right to effective counsel. |
Criminal Law and Procedure |
|
M. Cuéllar | May 18, 2018 |
|
G053897
|
Marriage of Marshall
An innocent spouse determination by the Franchise Tax Board or the Internal Revenue Service is not binding on court; does not direct court's ruling as to determining tax liability in a couple's division of marital property. |
Family Law |
|
R. Ikola | May 18, 2018 |
|
B281761
|
Benaroya v. Willis
Arbitrator may not join nonsignatory of arbitration contract to arbitration proceedings absent a prior judicial ruling approving such. |
Arbitration |
|
T. Willhite | May 18, 2018 |
|
B278295
|
Albert v. Truck Insurance Exchange
Umbrella policy’s personal injury provision that provides coverage for ‘invasion of the right of private occupancy’ covers ‘non-physical invasions of rights in real property.’ |
Insurance |
|
J. Segal | May 17, 2018 |
|
B286525
|
Davis v. App. Div. of the Superior Court
If a defendant's motion seeks to suppress evidence obtained as a result of police conduct involving a series of warrantless searches and seizures, the defendant must precisely identify which of the searches or seizures he or she challenges as unlawful. |
Criminal Law and Procedure |
|
D. Perluss | May 17, 2018 |
|
A149918
|
Reilly v. Marin Housing Authority
In-Home Supportive Services compensation does count as income for purposes of calculating rent subsidies for tenants under Section 8 of the Housing Choice Voucher Program that HUD administers. |
statutory_interpretation |
|
A. Tucher | May 17, 2018 |
|
B278239
|
Modification: Castillo v. Glenair Inc.
Class Action plaintiffs who settled in an earlier wage and hour case against a staffing agency, cannot bring the identical claims against the staffing agency's client where the work was performed because they are barred by res judicata. |
Civil Procedure |
|
May 17, 2018 | |
|
C081267
|
People v. Williams
23-year-old conviction improperly admitted to prove defendant's intent in present-day murder case, where facts and defendant's motivation are meaningfully different in earlier case. |
Evidence |
|
E. Duarte | May 17, 2018 |
|
16-16997
|
Planned Parenthood v. Center for Medical Progress
Judgment striking anti-SLAPP motion affirmed where motion that only challenges claim’s legal sufficiency is subject to Federal Rule of Civil Procedure 12(b)(6) standard. |
Anti-SLAPP |
|
R. Gould | May 17, 2018 |
|
16-15824
|
Dowdy v. Metropolitan Life Insurance Co.
Under ERISA, evidence must show clearly that preexisting condition was substantial cause of insured's loss before that preexisting condition can justify denial of coverage. |
Insurance |
|
W. Sessions | May 17, 2018 |
|
16-10150
|
U.S. v. Briones
No constitutional violation of 'Miller,' where resentencing judge considers mitigating 'hallmark features' of youth but nonetheless reimposes life without parole sentence. |
Criminal Law and Procedure |
|
J. Rawlinson | May 17, 2018 |
|
B283857
|
People v. Vannesse
Consent to potential DUI-scene blood testing makes such evidence admissible, though peace officer advised arrestee that his only choice was to submit to blood test. |
Criminal Law and Procedure |
|
K. Yegan | May 17, 2018 |
|
A151039
|
Modification: People v. Espinoza
Appeal dismissed because defendant fails to receive probable cause certificate, where defendant has previously entered a plea of no contest. |
Criminal Law and Procedure |
|
J. Humes | May 17, 2018 |
|
A146958
|
People v. Torres
Judgment reversed and remanded where trial court errs in concluding that Three Strikes law does not give it discretion to impose concurrent sentences. |
Criminal Law and Procedure |
|
K. Banke | May 16, 2018 |
|
D071001
|
Alexander v. Scripps Memorial Hospital La Jolla
Hospital Appropriate Care Committee did not violate Probate Code 4731(a) by approving Do Not Resuscitate order in conflict with patient's wishes, as Committee and patient did not meet statutory definition of physician-patient relationship. |
Health Care |
|
J. Haller | May 16, 2018 |
|
B283895
|
People v. Espinoza
An internet drug reference website came within the 'published compilation exception' to the hearsay rule codified under Evidence Code Section 1340. |
Criminal Law and Procedure |
|
K. Yegan | May 16, 2018 |
|
D071904
|
Fierro v. Landry's Restaurant Inc.
Judgment sustaining demurrer as untimely without leave to amend class claims on basis that class action with identical class claims was similarly dismissed reversed where record fails to show action was dismissed on those grounds. |
Civil Procedure |
|
J. Irion | May 16, 2018 |
|
G053960
|
Taswell v. Regents of the University of California
Where UC Regents do not address employee's whistleblower retaliation complaint to employee's satisfaction, employee may file suit for damages, whether or not other judicial avenues have been exhausted. |
Civil Procedure |
|
R. Fybel | May 16, 2018 |
|
16-10520
|
U.S. v. McDuffy
Section 2113(e), which imposes an enhanced punishment on person who kills another during course of committing bank robbery, applies to accidental killings. |
Criminal Law and Procedure |
|
N. Smith | May 16, 2018 |
|
16-617
|
U.S. v. Hernandez-Lara
Order |
|
May 15, 2018 | ||
|
16-6288
|
Solano-Cruz v. U.S.
Order |
|
May 15, 2018 | ||
|
16-7214
|
Pedromo v. U.S.
Order |
|
May 15, 2018 | ||
|
16-7667
|
Bello v. U.S.
Order |
|
May 15, 2018 | ||
|
16-8058
|
Alvaro-Velasco v. U.S.
Order |
|
May 15, 2018 | ||
|
16-8453
|
Perez-Jimenez v. U.S.
Order |
|
May 15, 2018 | ||
|
16-8675
|
Aguirre-Arellano v. U.S.
Order |
|
May 15, 2018 | ||
|
16-8734
|
Castaneda-Morales v. U.S.
Order |
|
May 15, 2018 |