| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S237014
|
In re Butler
Due to legislature passing SB 203 in 2015, Board of Parole Hearings is now relieved of its obligations to calculate base terms of an indeterminate sentence when determining whether an inmate is suitable for release. |
Criminal Law and Procedure |
|
M. Cuéllar | Apr. 3, 2018 |
|
C076629
|
Guarino v. County of Siskiyou
Anti-SLAPP motion properly granted where public employee suit was in response to internal investigation of his alleged misconduct. |
Anti-SLAPP |
|
C. Blease | Apr. 2, 2018 |
|
F074601
|
People v. Gutierrez
Denial of motion to suppress evidence obtained from detention reversed and remanded where detention is unjustified by government interests and is unsupported by ‘articulable and individualized suspicion.’ |
Constitutional Law |
|
B. Smith | Apr. 2, 2018 |
|
B281606
|
Conservatorship of P.D.
Jury instructions that detailed duration and consequences to the prospective conservatee if a conservatorship petition was approved was erroneous, but harmless error. |
probate_and_trusts |
|
M. Tangeman | Apr. 2, 2018 |
|
G054086
|
1901 First Street Owner v. Tustin Unified School District
Lower court did not err in ruling that assessable space - for purposes of calculating school impact fees imposed on a developer - is meant to include footage outside individual apartments, such as common areas, like fitness centers and interior hallways. |
statutory_interpretation |
|
R. Ikola | Apr. 2, 2018 |
|
A151870
|
New Cingular Wireless PCS v. Public Utilities Commission
Intervenors' compensation award vacated where California Public Utilities Commission ignores statutory limitation imposed on its discretion requiring commission to link intervenors' contribution to 'actual' order or decision. |
Administrative Agencies |
|
J. Streeter | Apr. 2, 2018 |
|
A153034
|
T.J. v. Superior Court
Reunification services must be both tailored and accessible; where constant delays mar reunification services arranged for parent, such services are inadequate. |
Dependency |
|
J. Streeter | Apr. 2, 2018 |
|
A141998
|
People v. Dillard
Where Congress creates federal program with enforcement scheme, state laws criminalizing false statements made to federal agency overseeing program must be preempted. |
Constitutional Law |
|
M. Simons | Apr. 2, 2018 |
|
15-17447
|
Amended Opinion: Hawaii Wildlife Fund v. County of Maui
Judgment finding county in violation of Clean Water Act affirmed where county indirectly discharges pollutants into navigable water without requisite permit. |
Environmental Law |
|
D. Nelson | Apr. 2, 2018 |
|
B282810
|
People v. Johnson
Warrrantless search valid under the automobile exception where probable cause existed; that the vehicle was two blocks away from the suspect was immaterial. |
Criminal Law and Procedure |
|
D. Perluss | Mar. 30, 2018 |
|
D071305
|
N.S. v. D.M.
Judgment denying Family Code Section 7605 request for attorney fees vacated and remanded where court fails to determine request for fees and costs under section. |
Family Law |
|
W. Dato | Mar. 30, 2018 |
|
B281594
|
EHM Productions, Inc. v. Starline Tours of Hollywood, Inc.
Incremental cost and fee award process not inappropriate in arbitration action, where not all issues may be resolved at time of initial, partial award. |
Arbitration |
|
Mar. 30, 2018 | |
|
B271271
|
Aron v. WIB Holdings
To grant new trial motion based on 'newly-discovered evidence, such evidence must have been in existence at time of original trial. |
Anti-SLAPP |
|
V. Chavez | Mar. 30, 2018 |
|
B277827
|
Urgent Care Medical Services v. City of Pasadena
In keeping with Proposition 64's conditions, City of Pasadena's ordinance is allowed to keep medicinal marijuana dispensaries from operating within its city limits. |
Government |
|
A. Collins | Mar. 30, 2018 |
|
G052282
|
People v. Vela
Per 'In re Estrada,' statutory amendment giving trial court discretion to strike firearm enhancement applies retroactively to case not yet final on appeal. |
Criminal Law and Procedure |
|
E. Moore | Mar. 30, 2018 |
|
A150385
|
City and County of San Francisco v. HomeAway.com, Inc.
Order granting administrative subpoena affirmed where subpoena complies with provisions of the Stored Communications Act. |
Consumer Law |
|
I. Ruvolo | Mar. 30, 2018 |
|
S247095
|
Alameda County Deputy Sheriff's Assocation v. Alameda County Employees' Retirement Assn. and Board of the Alameda County Employees' Retirement Assn.
Order |
|
Mar. 30, 2018 | ||
|
S246911
|
Kim v. Reins International California
Order |
|
Mar. 30, 2018 | ||
|
S246255
|
Stewart v. San Luis Ambulance
Order |
|
Mar. 30, 2018 | ||
|
S231826
|
People v. Martinez
Mere fact that Prop 47's resentencing provision does not enumerate specific statute of petitioner's conviction does not nullify petitioner's eligibility for resentencing. Nonetheless, resentencing denial affirmed because would have been guilty of felony had initiative been in effect at time of offense. |
Criminal Law and Procedure |
|
G. Liu | Mar. 30, 2018 |
|
16-56220
|
Fober v. Management and Technology Consultants LLC
Summary judgment in favor of defendant affirmed where plaintiff consents to calls from an automatic telephone dialing system. |
Consumer Law |
|
S. Graber | Mar. 30, 2018 |
|
14-72003
|
Marinelarena v. Sessions
Order |
|
Mar. 30, 2018 | ||
|
B281089
|
Greenfield v. Mandalay Shores Community Assn.
'Development,' as used within California Coastal Act, is defined broadly, extends to homeowner's association's short-term rental ban, supports preliminary injunction. |
Environmental Law |
|
K. Yegan | Mar. 29, 2018 |
|
B276192
|
Demeter v. Taxi Computer Services
Summary judgment in favor of defendant affirmed where plaintiff’s claim of injury arising from defendant’s noncompliance with California’s fee related talent services law does not, on its own, constitute injury. |
Civil Procedure |
|
L. Baker | Mar. 29, 2018 |
|
B280301
|
Timed Out LLC v. 13359 Corp.
Trial court did not err in imposing penalties for plaintiff's rejection of defendant's CCP Section 998 offer. |
Civil Procedure |
|
H. Bendix | Mar. 29, 2018 |
|
A147939
|
Al-Shaikh v. State Dept. of Health Care Services
Petitioner is entitled to fees under Civil Code of Procedure Section 1028.5 where agency acts without substantial justification by acting in 'direct contravention' of clearly stated federal regulation. |
Civil Procedure |
|
K. Banke | Mar. 29, 2018 |
|
F074027
|
Rodriguez v. Dept. of Transportation
Public entity's liability can be avoided through the affirmative defense of design immunity, particularly if the design was not commonly used or needed in the public roadway. |
Civil Procedure |
|
B. Hill | Mar. 29, 2018 |
|
D070360
|
Modification: Marriage of Pearson
Family Code Section 271 does not preclude court from issuing order to withhold part of spousal support to satisfy sanctions. |
Family Law |
|
W. Dato | Mar. 29, 2018 |
|
B280619
|
People v. Samuels
Separately imposed criminal and revocation terms based on unrelated conduct do not allow previously incarcerated person to correct credits on his probation, under the "split sentence" program of The Criminal Justice and Realignment Act. |
Criminal Law and Procedure |
|
M. Tangeman | Mar. 29, 2018 |
|
D069533
|
People v. Chavez
Totality of circumstances demonstrate that pretrial identification was not unduly suggestive, and was in any case reliable based on, e.g., victim's opportunity to clearly see assailant at time of crime. |
Criminal Law and Procedure |
|
G. Nares | Mar. 29, 2018 |