| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
16-15023
|
Barnes v. Sea Hawaii Rafting
Court properly has in rem jurisdiction over vessel where it waives jurisdictional challenge by litigating suit for 15 months. |
Maritime Law |
|
J. Nguyen | Mar. 29, 2018 |
|
16-35010
|
Kater v. Churchill Downs
Virtual game platform constitutes illegal gambling in Washington where platform's virtual chips are thing of value because they are a form of credit that extend the privilege of playing game platform. |
Gaming |
|
M. Smith | Mar. 29, 2018 |
|
A147554
|
Modification: Herterich v. Peltner
The litigation privilege applies to probate matters where false and misleading statements were made in furtherance of litigation |
probate_and_trusts |
|
R. Dondero | Mar. 29, 2018 |
|
16-1150
|
Hall v. Hall
Cases consolidated under Rule 42(a) retain separate identities, at least to the extent that a final decision in one is immediately appealable. |
Civil Procedure |
|
J. Roberts | Mar. 28, 2018 |
|
B284261
|
Walt Disney Parks & Resorts U.S., Inc. v. Superior Court
Petition for writ of mandate granted where court does not adhere to principles of statutory construction in construing statutory provisions. |
statutory_interpretation |
|
L. Zelon | Mar. 28, 2018 |
|
H045129
|
Perksy v. Bushey
Superior Court judge unable to stop recall petition using argument that proper California Constitutional procedure was not followed. |
Judges |
|
Mar. 28, 2018 | |
|
B284468
|
Marriage of Swain
Post-judgment order denying motion to terminate spousal support reversed where party moving for termination has no opportunity to cross-examine on declaration that court relied on for judgment. |
Family Law |
|
E. Lui | Mar. 28, 2018 |
|
B285629
|
De Havilland v. FX Networks, LLC
A celebrity's right of publicity does not preclude others from incorporating a person's name and likeness for the purpose of creating art. |
Constitutional Law |
|
Mar. 28, 2018 | |
|
D071453
|
People v. Franklin
Conviction for premeditated and deliberate murder affirmed where court’s erroneous response to jury’s inquiry does not prejudice defendant. |
Criminal Law and Procedure |
|
W. Dato | Mar. 28, 2018 |
|
15-16740
|
Elhouty v. Lincoln Benefit Life
Face value of insurance policy is proper consideration for amount-in-controversy prong of diversity jurisdiction inquiry. |
Civil Procedure |
|
A. Kleinfeld | Mar. 28, 2018 |
|
13-50136
|
U.S. v. Shaw
Argument as to jury instruction raised for first time at Supreme Court not fairly presented to district or appeals court; in any event, error harmless in face of 'overwhelming' evidence. |
Criminal Law and Procedure |
|
M. Schroeder | Mar. 28, 2018 |
|
A149187
|
Serrano v. Aerotek Inc.
Judgment in employer's favor in meal period deprivation action affirmed where employee fails to show that employer is required to do more than implement meal break policy that employee is trained in and that requires employee to report meal period violations. |
Labor Law |
|
J. Humes | Mar. 27, 2018 |
|
B277951
|
Arvizu v. City of Pasadena
City is immune from liability arising from injuries caused by its unpaved park trail where the trail is used for recreational purposes. |
Torts |
|
B. Currey | Mar. 27, 2018 |
|
17-5112
|
Westbrooks v. U.S.
Order |
|
Mar. 27, 2018 | ||
|
B275845
|
Wilson v. Southern California Edison Co.
Potential of harm due to stray voltage may support plaintiff's nuisance claim, where plaintiff is neighbor of electrical substation. |
Torts |
|
T. Willhite | Mar. 27, 2018 |
|
B276040
|
People v. Partee
Defendant’s refusal to testify is sufficient to make defendant accessory after the fact to crime where defendant has duty to testify and intent to assist the perpetrator in avoiding punishment, trial, arrest, or conviction. |
Criminal Law and Procedure |
|
K. Dunning | Mar. 26, 2018 |
|
A149910
|
People v. Mendez
Modified jury instruction asking jurors to base their finding on a particular outcome that was entirely speculative was misleading and thus had a prejudicial effect led to reversible error. |
Criminal Law and Procedure |
|
S. Margulies | Mar. 26, 2018 |
|
D071773
|
Eng v. Brown
Court properly ruled entity with corporate nature not be deemed a partnership as a matter of law, in limine motion. |
Business Law |
|
Mar. 26, 2018 | |
|
B279590
|
Covina Residents for Responsible Development v. City of Covina
Denial of writ petition affirmed where California environmental quality act exempts ‘parking impacts from CEQA review for qualifying infill projects located within a half-mile of a major transit stop.’ |
Environmental Law |
|
D. Perluss | Mar. 26, 2018 |
|
B284657
|
In re E.D.
Evidence was insufficient to support a juvenile court's finding of dependency jurisdiction over a child, as there was no evidence of substantial risk of serious harm to the child. |
Juveniles |
|
J. Johnson | Mar. 26, 2018 |
|
D072998
|
Hayes v. Temecula Valley Unified Sch. Dist.
Reassignment notice need only be sent to, or signed by, school administrator for it to be effective under Education Code timeliness provisions. |
Education |
|
J. Haller | Mar. 26, 2018 |
|
16-10228
|
U.S. v. Kootswatewa
Statements made to medical expert that identify defendant and describe harm suffered are exception to hearsay where statements are made for purpose of medical diagnosis or treatment. |
Criminal Law and Procedure |
|
P. Watford | Mar. 26, 2018 |
|
A153672
|
Fox v. Superior Court
Trial court improperly denied severely ill petitioner's motion for trial preference under Code of Civil Procedure Section 36(a), by applying mistakenly burdensome evidentiary standard. |
Civil Procedure |
|
J. Streeter | Mar. 23, 2018 |
|
A146855
|
McGlynn v. State of California
Judges did not obtain vested right in retirement plan that was in effect at the time they were elected, but instead did so the date they took office. |
statutory_interpretation |
|
Mar. 23, 2018 | |
|
B277546
|
Austin v. Medicis
Statute of limitations period not tolled under civil code of procedure section 340.6(a)(4) where plaintiff serving pretrial custody in county jail is not 'imprisoned on a criminal charge.' |
statutory_interpretation |
|
L. Lavin | Mar. 23, 2018 |
|
B275429
|
Eleanor Licensing LLC v. Classic Recreations LLC
Cause of action for return of personal property is timely filed within requisite three-year limitations period where action is based on event that occurred just months before filing action. |
Civil Procedure |
|
D. Perluss | Mar. 23, 2018 |
|
A151695
|
In re Christian K.
Court did not abuse its discretion when it denied dependent minor's request to postpone overseas trip in order to receive more therapy services prior to being adopted. |
Juveniles |
|
J. Humes | Mar. 23, 2018 |
|
S246711
|
Lawson v. ZB, N.A.
Order |
|
Mar. 23, 2018 | ||
|
S230568
|
Regents of the University of California v. Superior Court (Los Angeles)
Based on special relationship doctrine, colleges owe students duty of care to protect them from 'foreseeable violence during curricular activities.' |
Torts |
|
C. Corrigan | Mar. 23, 2018 |
|
S239777
|
Newport Harbor Ventures, LLC v. Morris Cerullo World Evangelism
Defendant filing anti-SLAPP motion must move to strike within 60 days of service of the earliest complaint containing the cause of action defendant is attempting to strike. |
Civil Procedure |
|
M. Chin | Mar. 23, 2018 |