Weekly California courts’ case summaries and related news, from FindLaw.com.
View this email in your browser
California Cases
Digest for Week of May 5th, 2016

California Case Summaries & Blog Posts

Case Summaries:
Blog Posts:

California Case Summaries

J-M Manufacturing Co. v. Phillips & Cohen

May 3, 2016
Civil Procedure, Injury & Tort Law, Media Law
(California Court of Appeal) - In a suit for defamation and trade libel filed against a law firm-defendant that issued a press release concerning its false claims litigation victory over plaintiff, the trial court's denial of defendant's special motion to strike the complaint under Code of Civil Procedure section 425.16 (Anti-SLAPP), is reversed where: 1) although defendant may be guilty of self-promotion and puffery, its description of the evidence at trial and the jury's special verdict in the press release falls comfortably within the permissible degree of flexibility and literary license afforded communications to the media concerning judicial proceedings; 2) the substance of its report was accurate; and 3) the release was absolutely privileged under Civil Code section 47(d).
Keep Reading

People v. Mohamed

May 3, 2016
Criminal Law & Procedure
(California Court of Appeal) - Conviction of involuntary manslaughter, Penal Code section 192(b), and elder abuse, section 368, is affirmed over defendant's meritless claims that: 1) the evidence based on an accomplice's uncorroborated testimony was insufficient to support appellant's conviction for involuntary manslaughter; 2) the trial court prejudicially erred in failing to instruct on principles of accomplice corroboration; and 3) the great bodily injury finding with regard to count 1 must be stricken because a great bodily injury enhancement cannot attach to a conviction for manslaughter.
Keep Reading

In re D.O.

May 3, 2016
Juvenile Law, Family Law
(California Court of Appeal) - Juvenile court's decision terminating parental rights and ordering adoption as the permanent plan is affirmed over a mother's and siblings' appeal contending the juvenile court erred by finding the sibling relationship exception to adoption does not apply, under Welf. & Inst. Code, section 366.26(c)(1)(B)(v), where there is no error.
Keep Reading

Arizona v. Arpaio

May 2, 2016
Labor & Employment Law, Government Law
(California Court of Appeal) - In an action challenging provisions of Arizona's identity theft laws, which prohibit using a false identity to obtain employment, the district court's judgment is: 1) vacated as to the preliminary injunction; 2) reversed as to the finding regarding the merits of plaintiffs' facial preemption claim where Arizona's employment-related identity theft laws were not preempted in all applications by the Immigration Reform and Control A; and 3) dismissed as to the appeal by Maricopa County where the appeal did not fall within one of the narrow categories where invoking pendent jurisdiction would be proper.
Keep Reading

Li v. Yan

May 2, 2016
Civil Procedure
(California Court of Appeal) - In an appeal arising from plaintiff's efforts to examine defendant as a judgment debtor, as provided for generally in Code of Civil Procedure section 708.110, et seq., the trial court's order that defendant must produce all financial documents responsive to the subpoena duces tecum is affirmed where defendant's claims of improper service have no merit and defendant must produce his tax returns.
Keep Reading

Hearn Pacific v. Second Generation Roofing

May 2, 2016
Civil Procedure, Construction
(California Court of Appeal) - In an appeal involving the issue of a trial court's authority to amend a judgment to add the name of an additional judgment debtor, in underlying assignment of a the trial court's denial of defendant's motion to amend two attorney fees orders to add one of the general contractor-plaintiff's insurers as a judgment debtor, is reversed where the court abused its discretion under Code of Civil Procedure section 368.5.
Keep Reading

Matthews v. Liberty Assignment Corp.

May 2, 2016
Workers' Compensation
(California Court of Appeal) - In a case dealing with the issue of whether a judgment, based on a structured settlement of an employee's workers' compensation claims against his employer and others, which was agreed upon by the parties and entered as an award in the workers' compensation proceeding, may be assigned by the injured employee, the trial court's denial of a motion for an order approving the assignment of plaintiff's structured settlement payment judgement is affirmed where the assignment was prohibited by statute.
Keep Reading

Patel v. Crown Diamonds, Inc.

April 29, 2016
Bankruptcy Law, Injury & Tort Law
(California Court of Appeal) - In a suit alleging defendants defrauded her of hundreds of thousands of dollars after her husband died, the trial court's entry of judgment based on terminating sanctions against plaintiff and entry of monetary sanctions against plaintiff and her attorney are reversed where plaintiff did not sue former bankruptcy debtor in this action for fraud and related claims, but rather his business partners, and principles of res judicata and collateral estoppel do not apply to insulate defendants from answering for what plaintiff claims are their fraudulent activities.
Keep Reading

Glennan v. Allergan, Inc.

April 29, 2016
Injury & Tort Law, Product Liability
(California Court of Appeal) - In a suit alleging plaintiff suffered complications after defendant's Adjustable Gastric Banding System was surgically implanted in her body, the trial court's sustainment of defendant's demurrer to her second amended complaint without leave to amend is affirmed over plaintiff's claim concluding her claim that defendant failed to adequately train physicians in the use of the Adjustable Gastric Banding System is preempted by federal law.
Keep Reading

In re Marriage of Hall & Frencher

April 29, 2016
Family Law
(California Court of Appeal) - A family court determination that appellant owes $11,083.84 in child support arrears is reversed where the family court erred in its calculation because the excess Social Security derivative benefits paid for his child should have been applied to the arrears owed by appellant.
Keep Reading

California Law Blog Posts

Twitter v. USA Case Heats up in Oakland Court

Jonathan R. Tung, Esq.
May 3, 2016
A California federal district court took a little and gave a little in the Twitter versus government surveillance fight. The court agreed completely with a federal government argument that Twitter's complaint did not allege that information was not properly classified...
Keep Reading

CA's Orange County Jailhouse Snitching Program Continues

Jonathan R. Tung, Esq.
May 2, 2016
Law enforcement continues to get battered in the court of public opinion. In general, law enforcement could really use a boost of good press. Well, don't look to California. As if the state didn't have enough of its plate already,...
Keep Reading

Public Could Have Right to Access Martin's Beach, Court Rules

Casey C. Sullivan, Esq.
April 28, 2016
The public could be getting access to Martin's Beach again, after a ruling by the First District Court of Appeal in San Francisco yesterday. Surfers, picnickers, and beach goers had accessed Martin's Beach in Half Moon Bay for decades,...
Keep Reading

If no blog posts appear in this area, there are no new blog posts this week.
Google Plus
Like what you see?  Refer a Friend.
Copyright © 2016 FindLaw, part of Thomson Reuters. All rights reserved.
You are receiving this mailing because you subscribed as <<Email Address>> to receive newsletters on FindLaw.com.

FindLaw's case summaries are copyrighted material and are not intended for republication without prior approval. You may, however, freely redistribute this email in its entirety.

Questions or concerns about our Newsletter layout or content? Contact us!

Our mailing address is:
FindLaw, part of Thomson Reuters
800 West California Avenue 2nd Floor
Sunnyvale, CA 94086

Add us to your address book

Unsubscribe from this newsletter    Unsubscribe from all FindLaw newsletters