| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
E064206
|
People v. Arredondo
Convicted sex offender unsuccessful in arguing that his Sixth Amendment right to confrontation was violated during his trial by allowing witnesses to testify obscured by computer monitor. |
Criminal Law and Procedure |
|
R. Fields | Jul. 31, 2017 |
|
H043291
|
Baker v. Workers Compensation Appeals Board
Subsequent Injuries Benefits Trust Fund benefits commence at time employer’s obligation to pay permanent disability benefits commences. |
Employment Law |
|
A. Grover | Jul. 31, 2017 |
|
D069557
|
Murphey v. Shiomoto
Suspension of DUI arrestee’s driver’s license reinstated after trial court committed reversible error in determining arresting officer’s reports inadmissible and granting driver’s writ petition. |
Administrative Agencies |
|
C. Aaron | Jul. 31, 2017 |
|
C078914
|
Conroy v. Wells Fargo Bank
'Biakanja’ test for determining duty of care is inapplicable where a contractual relationship exists. |
Civil Procedure |
|
A. Hoch | Jul. 31, 2017 |
|
D069557
|
In re Quality Systems Inc. Securities Litigation
Securities class action improperly dismissed, where defendants' statements about company’s sales were materially false or misleading. |
Securities |
|
W. Fletcher | Jul. 31, 2017 |
|
14-50014
|
U.S. v. Martinez-Lopez
Health and Safety Code Section 11352 divisible, proper to use modified categorical approach to apply sentencing enhancement as to defendant that admitted to selling cocaine during plea. |
Criminal Law and Procedure |
|
R. Tallman | Jul. 31, 2017 |
|
G052367
|
Bonni v. St. Joseph Health System
Anti-SLAPP motion erroneously granted in favor of Hospital where surgeon-plaintiff’s complaint did not arise from peer review proceedings, but from alleged retaliatory motive. |
Anti-SLAPP |
|
R. Ikola | Jul. 28, 2017 |
|
A147412
|
Modification: In re Taitano
Under specific circumstances of defendant's case, Penal Code Section 1368 does not authorize trial court to hold new hearing on defendant's mental competence; case nevertheless permanently abated due to defendant’s death. |
|
B. Jones | Jul. 28, 2017 | |
|
A148563
|
In re David T.
Appellant successful in challenging juvenile court’s improper denial of his motion to seal his juvenile records. |
Juveniles |
|
J. Kline | Jul. 28, 2017 |
|
F073277
|
Aanderud v. Superior Court
An arbitration agreement’s delegation clause is enforceable if it is clear and unmistakable and if it is not revocable for unconscionability under 'Tiri v. Lucky Chances Inc.' |
Arbitration |
|
G. Gomes | Jul. 28, 2017 |
|
S222472
|
Friends of the Eel River v. North Coast Railroad Authority (Northwestern Pacific Railroad Co.)
ICCTA preempts state regulation of rail transportation, but application of CEQA to state agency’s railroad activity is not ‘regulation,’ but ‘self-governance’ and is not inconsistent with ICCTA and its preemption clause. |
Constitutional Law |
|
T. Cantil-Sakauye | Jul. 28, 2017 |
|
A145516
|
The Estuary Owners Association v. Shell Oil Co.
Condominium owners successful in challenging application of 10-year statute of repose to claims involving latent construction defects in case alleging nuisance against oil company. |
Civil Procedure |
|
J. Kline | Jul. 28, 2017 |
|
B276723
|
Taylor v. Trimble
Host not liable for drowning death of child guest where, although host initially assumed supervision of child, child’s grandfather thereafter assumed responsibility and did not relinquish it. |
Torts |
|
N. Manella | Jul. 28, 2017 |
|
D069662
|
Toeppe v. City of San Diego
Trail immunity inapplicable where plaintiff does not dispute the condition of a trail. |
Municipal Law |
|
R. Huffman | Jul. 28, 2017 |
|
A146077
|
County of San Mateo v. Superior Court (Rowe)
County’s summary judgment motion properly denied where triable issues of fact remain as to whether ‘natural condition immunity’ applies to campground incident. |
Immunity |
|
T. Stewart | Jul. 27, 2017 |
|
B264074
|
FilmOn.com v. DoubleVerify Inc.
Anti-SLAPP motion properly granted in favor of provider of advertising authentication services in suit challenging provider’s negative classification of plaintiff’s websites. |
Anti-SLAPP |
|
M. Johnson | Jul. 27, 2017 |
|
F071951
|
People v. Casillas
A person who suffers super strike conviction at any time before trial court rules on his or her Proposition 47 reclassification petition is disqualified from reclassification. |
Criminal Law and Procedure |
|
J. Detjen | Jul. 27, 2017 |
|
C072585
|
Crossroads Investors L.P. v. Federal National Mortgage Association
On remand, appellate court overturns denial of Fannie Mae’s anti-SLAPP motion, allowing Fannie Mae to dodge most of property owners’ wrongful foreclosure claims. |
Anti-SLAPP |
|
G. Nicholson | Jul. 27, 2017 |
|
A147177
|
In re Palmer
Board of Parole Hearing’s failure to calculate petitioner’s base and adjusted base terms entitles petitioner to new parole hearing. |
Criminal Law and Procedure |
|
J. Richman | Jul. 27, 2017 |
|
G052558
|
Kizer v. Tristar Risk Management
Class certification properly denied in wage and hour class action, where plaintiffs fail to prove their claims are typical of the class. |
Employment Law |
|
R. Aronson | Jul. 27, 2017 |
|
S242153
|
In re B.M.
Order |
|
Jul. 27, 2017 | ||
|
S242034
|
Boling v. Public Employment Relations Board (City of San Diego)
Order |
|
Jul. 27, 2017 | ||
|
S242244
|
People v. Guzman
Order |
|
Jul. 27, 2017 | ||
|
B270133
|
David v. Hernandez
Truck driver fails to overturn judgment stemming from PCH crash by challenging evidentiary ruling and jury’s damages award for crash victim’s future shoulder surgeries. |
Torts |
|
K. Yegan | Jul. 26, 2017 |
|
14-17492
|
Hoggett v. University of Phoenix
Motion to amend or alter judgment under Federal Rule of Civil Procedure 59(e) must request ‘substantive change of mind by the court.’ |
Civil Procedure |
|
R. Gould | Jul. 26, 2017 |
|
D071772
|
In re A.C.
California court has subject matter jurisdiction over child custody case where child’s home state declines to respond to California court regarding the jurisdiction in question. |
Family Law |
|
J. Haller | Jul. 25, 2017 |
|
15-35018
|
Reed v. Lieurance
Volunteer for buffalo conservation organization may maintain civil rights action against state actors who prevented him from observing buffalo hazing in Yellowstone National Park. |
Civil Rights |
|
J. Tunheim | Jul. 25, 2017 |
|
14-35504
|
ILWU v. ICTSI Oregon
Entry of partial final judgment under Federal Rule of Civil Procedure 54(b) and dismissal of antitrust counterclaim proper in maritime labor dispute. |
Antitrust |
|
D. O'Scannlain | Jul. 25, 2017 |
|
S230906
|
People v. DeLeon
Changes to parole revocation process brought on by Realignment Act does not abrogate need for preliminary hearing required under *Morrissey.* |
Criminal Law and Procedure |
|
C. Corrigan | Jul. 25, 2017 |
|
S232114
|
P. v. Estrada
Court may rely on ‘facts underlying previously dismissed counts’ when denying Prop 36 resentencing petitions. |
Criminal Law and Procedure |
|
A. Cuèllar | Jul. 25, 2017 |