| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
14-36000
|
Kerr v. Jewell
Whistleblower Protection Act claim properly dismissed where former employee not permitted to file claim in district court without first presenting claim to Merit Systems Protection Board. |
Employment Law |
|
Sep. 6, 2016 | |
|
13-35765
|
Oregon Rest. & Lodging Ass'n v. Perez
Order |
|
Sep. 6, 2016 | ||
|
13-17073
|
Hiken v. Dept. of Defense
Party that substantially prevailed in a Freedom of Information Act action brought against Dept. of Defense entitled to recalculation of attorney fees award. |
Government |
|
Sep. 6, 2016 | |
|
12-57186
|
In re Castellino Villas LLC
Attorney fees incurred during litigation following confirmation of Chapter 11 bankruptcy plan discharged by that bankruptcy under 'fair contemplation' test. |
Bankruptcy |
|
Sep. 6, 2016 | |
|
12-56258
|
Lee v. Jacquez
Order |
|
Sep. 6, 2016 | ||
|
C072053
|
People v. Cornejo
No alteration on second rehearing, where defendants successful in reversing gang enhancement in light of 'People v. Prunty' but otherwise unsuccessful on remaining contentions. |
Criminal Law and Procedure |
|
Sep. 6, 2016 | |
|
B270503
|
Hopkins v. Superior Court (People)
Vehicle Code provision that prohibits pretrial diversion in DUI cases does not preclude military diversion under Penal Code Section 1001.80. |
Criminal Law and Procedure |
|
Sep. 5, 2016 | |
|
15-16142
|
Public Integrity Alliance Inc. v. City of Tucson
In reversal of course following rehearing en banc, City of Tucson's 'hybrid system' for selecting city council members upheld as constitutional. |
Civil Rights |
|
Sep. 5, 2016 | |
|
15-15531
|
Clark v. Ryan
Arizona sex offender registry system does not violate constitutional prohibition against ex post facto punishment as system is nonpunitive in nature. |
Constitutional Law |
|
Sep. 5, 2016 | |
|
14-72553
|
Helping Hand Tools v. USEPA
EPA grant of PSD to project intended to burn surplus lumber for heating purposes appropriate as use of solar power or increased natural gas would 'redefine' project. |
Environmental Law |
|
Sep. 5, 2016 | |
|
13-57093
|
Loomis v. Cornish
Composer loses on appeal over copyright infringement claim against Jessie J and her team of high-profile songwriters concerning the hit song 'Domino.' |
Copyright |
|
Sep. 5, 2016 | |
|
13-17131
|
Animal Legal Defense Fund v. FDA
En banc court agrees with three-judge panel that appropriate standard of review applicable to summary judgment decisions in cases brought under FOIA is de novo. |
Statutory Interpretation |
|
Sep. 5, 2016 | |
|
C079513
|
Galzinski v. Somers (Seyffert)
Writ of mandate issued due to police department's failure to perform ministerial duty of satisfying obligations imposed by its published procedure regarding citizen's complaints. |
Criminal Law and Procedure |
|
Sep. 1, 2016 | |
|
E064099
|
People v. Adelmann
Where receiving county receives 'entire jurisdiction' of case, Prop. 47 petition is proper there. |
Criminal Law and Procedure |
|
Sep. 1, 2016 | |
|
F069940
|
People v. Cruz
Charged offense must be proven beyond reasonable doubt to be considered in determining guilt of other charged offense under Evidence Code Section 1108. |
Criminal Law and Procedure |
|
Sep. 1, 2016 | |
|
H040789
|
Bay Area Clean Environment Inc. v. Santa Clara County (Lehigh Southwest Cement Co.)
Challenge to county's approval of reclamation plan amendment relating to surface mining operation unavailing, as county complied with applicable environmental laws. |
Environmental Law |
|
Sep. 1, 2016 | |
|
B270094
|
Vishva Dev M.D. Inc. v. Blue Shield of California Life & Health Insurance Co.
Doctor's quantum meruit claims time-barred where insurers issued letters unequivocally denying doctor's bills more than two years prior to filing of lawsuit. |
Contracts |
|
Sep. 1, 2016 | |
|
B264450
|
People v. Ochoa
Attempted extortion conviction overturned where there was no evidence that shooter intended to extort anything from his victim; attempted murder conviction otherwise upheld. |
Criminal Law and Procedure |
|
Sep. 1, 2016 | |
|
A145573
|
Coastal Hills Rural Preservation v. County of Sonoma (Petranker)
Existing tents built as part of printing facilities approved with a mitigated negative declaration not "new projects" under CEQA. |
Environmental Law |
|
Sep. 1, 2016 | |
|
A147570
|
California PUC v. Superior Court (Aguirre)
Superior court lacks jurisdiction over lawsuit seeking documents from CPUC under Public Records Act, resulting in sustained demurrer in CPUC's favor. |
Utilities |
|
Sep. 1, 2016 | |
|
14-50506
|
U.S. v. Alvarez
Defendant properly ordered to pay restitution as condition of supervised release for damages to rental car even though plea agreement made no mention of restitution. |
Criminal Law and Procedure |
|
Sep. 1, 2016 | |
|
14-16139
|
L.J. v. Pittsburg Unified School District
Student and mother win reversal of judgment in school district's favor where student eligible for special education services under Individual with Disabilities Education Act. |
Education |
|
Sep. 1, 2016 | |
|
14-16070
|
United States v. Samaniego
Claimants have standing to challenge federal government's forfeiture of two bank accounts suspected of being used in illicit drug money laundering scheme. |
Constitutional Law |
|
Sep. 1, 2016 | |
|
14-15916
|
In re: TFT-LCD (Flat Panel) Antitrust Litigation
Email evidence of agreement to arbitration settlement appropriate due to federal privilege as settlement in question addressed both state and federal claims. |
Arbitration |
|
Sep. 1, 2016 | |
|
13-35856
|
C.R. v. Eugene School District 4J
School District properly disciplined seventh-grader for sexually harassing younger students verbally even though harassing conduct occurred off-campus. |
Civil Rights |
|
Sep. 1, 2016 | |
|
12-74163
|
Singh v. Lynch
Board of Immigration Appeals partial remand still a final order of removal. |
Immigration |
|
Sep. 1, 2016 | |
|
B264619
|
Royal Alliance Associates Inc. v. Liebhaber
FINRA arbitration panel's expungement award properly vacated where claimant was denied opportunity to present any evidence against broker's request for expungement. |
Arbitration |
|
Aug. 31, 2016 | |
|
G053597
|
J.F. v. Superior Court (Orange County Social Services Agency)
Mother's reunification services erroneously terminated where, though mother initially only minimally complied with her case plan, she regularly participated and showed significant progress thereafter. |
Dependency |
|
Aug. 31, 2016 | |
|
A146277
|
In re C.B.
Penal Code Section 299 prohibits judge from relieving minor defendant of DNA submission mandate after change of offense categorization from felony to misdemeanor. |
Juveniles |
|
Aug. 31, 2016 | |
|
A146120
|
In re C.H.
Redesignation of a felony as a misdemeanor under Prop. 47 does not require expungement of an offenders's DNA and profile from the state database. |
Juveniles |
|
Aug. 31, 2016 |