| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
15-56402
|
Sato v. Orange County Dept. of Education
Former employee unsuccessful in suit against Orange County Department of Education, where OCDE is arm of the state that enjoys Eleventh Amendment immunity from suit. |
Civil Rights |
|
R. Tallman | Jun. 29, 2017 |
|
A141681
|
Morgado v. City and County of San Francisco
Police officer properly granted relief from City's termination of his employment where City failed to provide him with opportunity to appeal pursuant to PSOPBRA. |
Government |
|
J. Streeter | Jun. 29, 2017 |
|
16-10177
|
U.S. v. Perez-Silvan
Sentence enhancement for illegal entry after deportation conviction upheld where defendant's prior aggravated assault conviction under Tennessee law constitutes crime of violence. |
Criminal Law and Procedure |
|
D. O'Scannlain | Jun. 29, 2017 |
|
13-16259
|
Window Rock Unified School District v. Nez
Tribal proceedings improperly halted where Navajo Nation Labor Commission probably had jurisdiction over employment-related claims against school districts operating on leased tribal land. |
Native American Affairs |
|
M. Friedland | Jun. 29, 2017 |
|
16-10039
|
U.S. v. Calvillo-Palacios
Threat and assault statutes necessarily require violent physical force and are thus properly classified as crimes of violence under U.S.S.G Section 2L1.2(b)(1)(A)(ii). |
Criminal Law and Procedure |
|
D. O'Scannlain | Jun. 29, 2017 |
|
15-15434
|
First Resort Inc. v. Herrera
Limited services pregnancy center (LSPC) unsuccessful in challenging San Francisco ordinance aimed at curbing false or misleading advertising by LSPCs. |
Constitutional Law |
|
D. Nelson | Jun. 28, 2017 |
|
14-35086
|
Ground Zero Center for Nonviolent Action v. United States Dept. of the Navy
In suit challenging expansion of nuclear operating center, summary judgment in Navy’s favor upheld but ‘gag order’ vacated and remanded. |
Environmental Law |
|
M. Berzon | Jun. 28, 2017 |
|
B280805
|
City of Pasadena v. Superior Court
Plaintiff must file suit within six months from cause of action Under Government Code Section 911.2 where 'accrual' means 'ripeness' to sue. |
Civil Procedure |
|
N. Manella | Jun. 28, 2017 |
|
15-214
|
Murr v. Wisconsin
Under necessarily flexible Takings Clause inquiry, where regulation merging landowners' two lots, and foreclosing sale of either separately, leaves appreciable value in merged lot, and where physical characteristics of land suggest, lots rightly considered one parcel and said regulation not a taking. |
Eminent Domain |
|
A. Kennedy | Jun. 26, 2017 |
|
B278696
|
Zhu v. Workers’ Compensation Appeals Board
Injuries suffered by home caretaker while riding her bike from one workplace to another constitutes compensable injury under exception to 'going and coming rule.' |
Workers' Compensation |
|
S. Kriegler | Jun. 22, 2017 |
|
H041035
|
SJJC Aviation Services LLC v. City of San Jose (Signature Flight Support Corp.)
Fixed base operator unsuccessful in challenging city's decision to award lease and operating agreement to develop airport facilities to competitor. |
Civil Procedure |
|
F. Elia | Jun. 22, 2017 |
|
15-55479
|
Brewster v. Beck
Dismissal of class action overturned concerning constitutionality of California Vehicle Code's 30-day hold for vehicles impounded from drivers carrying suspended licenses. |
Civil Rights |
|
A. Kozinski | Jun. 22, 2017 |
|
D070521
|
In re Jose S.
Defendant with two admitted charges as juvenile unsuccessful in motion to seal juvenile records where latter charge of assault with deadly weapon is disqualifying. |
Juveniles |
|
J. McConnell | Jun. 22, 2017 |
|
A146901
|
San Diego County Water Authority v. Metropolitan Water District of Southern California
'Wheeling' statutes allow water district to include system-wide transportation costs, including maintenance costs of aqueduct it does not own, in setting 'wheeling' rate. |
Water Rights |
|
S. Pollak | Jun. 22, 2017 |
|
B280270
|
CRST Inc. v. Superior Court (Lennig)
Employer's admission of vicarious liability does not shield it from punitive damages; employer nonetheless not subject to punitive damages due to lack of triable issues of fact. |
Remedies |
|
T. Willhite | Jun. 21, 2017 |
|
15-56045
|
Jordan-Benel v. Universal City Studios Inc.
Writer who accused producers of film series 'The Purge' of failing to pay him for stealing his screenplay idea defeats defendants' anti-SLAPP motion. |
Anti-SLAPP |
|
H. Pregerson | Jun. 21, 2017 |
|
A149861
|
Grist Creek Aggregates LLC v. Superior Court (Mendocino County Air Quality Management District)
Demurrer erroneously sustained on grounds that agency's tie vote resulted in 'no action' and, therefore, immune from review. |
Administrative Agencies |
|
J. Humes | Jun. 19, 2017 |
|
H043476
|
The Rossdale Group v. Walton
Plaintiff's use of fictitious name does not raise standing or jurisdictional issues that would warrant dismissal of malicious prosecution action on such grounds. |
Administrative Agencies |
|
C. Rushing | Jun. 19, 2017 |
|
D070486
|
People v. Alford
Defendant unsuccessful in challenging imposition of penalty statutes on top of statutory assessments for criminal laboratory analysis and drug program fees. |
Administrative Agencies |
|
J. Haller | Jun. 19, 2017 |
|
15-56011
|
Snyder & Associates Acquisitions LLC v. United States
IRS not immune from liability for suit in connection with sting operation filed by tax businesses where IRS did not engage in tax assessment or collection. |
Administrative Agencies |
|
M. Christen | Jun. 19, 2017 |
|
14-50585
|
U.S. v. Kleinman
Defendant unsuccessful in challenging convictions relating to conspiracy to distribute marijuana arising out of purported medical marijuana collective. |
Administrative Agencies |
|
M. Smith | Jun. 19, 2017 |
|
D071620
|
A.G., a Minor
Agency fails to provide deported father with reasonable reunification services where visitation services and parenting programs were otherwise available to him. |
Administrative Agencies |
|
T. O'Rourke | Jun. 19, 2017 |
|
A146330
|
Hilliard v. Harbour
Demurrer properly sustained in elder abuse action on grounds plaintiff lacks standing, where plaintiff's claims are derivative of those of his companies. |
Administrative Agencies |
|
J. Kline | Jun. 19, 2017 |
|
15-1194
|
Packingham v. North Carolina
North Carolina law broadly prohibiting registered sex offenders from posting on social networking sites struck down on First Amendment grounds. |
Administrative Agencies |
|
A. Kennedy | Jun. 19, 2017 |
|
15-1358
|
Ziglar v. Abbasi
Illegal aliens detained following September 11 attacks unsuccessful in asserting damages claims against federal officials and wardens under 'Bivens' stemming from alleged Constitutional violations. |
Qualified Immunity |
|
A. Kennedy | Jun. 19, 2017 |
|
16-5294
|
McWilliams v. Dunn
Access to mental health expert who is sufficiently available to indigent defendant's defense under 'Ake v. Oklahoma' requires more than providing defendant with neuropsychological examination. |
Administrative Agencies |
|
S. Breyer | Jun. 19, 2017 |
|
15-1293
|
Matal v. Tam
Even under looser commercial-speech test, Disparagement clause violates First Amendment Free Speech Clause because it is not narrowly drawn to serve substantial governmental interest. |
Administrative Agencies |
|
S. Alito | Jun. 19, 2017 |
|
16-466
|
Bristol-Myers Squibb Co. v. Superior Court (Anderson)
California lacks jurisdiction to preside over nonresidents' claims against Bristol-Myers over claims involving the drug Plavix. |
Administrative Agencies |
|
S. Alito | Jun. 19, 2017 |
|
16-1116
|
Jenkins v. Hutton
Reversal required where Sixth Circuit is wrong to reach merits of habeas petitioner's claim challenging death sentence. |
Administrative Agencies |
|
P. Curiam (USSC) | Jun. 19, 2017 |
|
15-734
|
Milberg LLP v. Laber
Order |
|
Jun. 19, 2017 |