Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
G057510
|
People v. Solis
Senate Bill No. 1437 did not unconstitutionally amend Proposition 7 and Proposition 115. |
statutory_interpretation |
|
R. Fybel | Mar. 20, 2020 |
F076838
|
People v. Sanchez
Senate Bill No. 1437 abrogated natural and probable consequences doctrine in attempted murder prosecutions because it was no longer viable theory to prove attempted murder. |
statutory_interpretation |
|
M. Snauffer | Mar. 17, 2020 |
S246911
|
Kim v. Reins International California Inc.
Settlement of individual claims does not strip aggrieved employee of standing as the state's authorized representative to pursue PAGA remedies. |
statutory_interpretation |
|
C. Corrigan | Mar. 13, 2020 |
F077887
|
County of Kern v. Alta Sierra Holistic etc.
Elections Code Section 9145, requiring county to 'entirely repeal ordinance' when valid referendum petition protesting ordinance was received, was not violated because there was a material change in regulation of marijuana dispensaries. |
statutory_interpretation |
|
D. Franson | Mar. 10, 2020 |
A157143
|
Facebook, Inc. v. Super. Ct.
Social media providers may defend against criminal subpoenas by either establishing an unjustified burden to produce or that the information is obtainable by other means. |
statutory_interpretation |
|
G. Burns | Mar. 10, 2020 |
A152603
|
People v. Graves
Trial court correctly determined that defendant should be punished under Penal Code Section 647.6(c)(2) based on his prior convictions because two prior felony convictions authorized court to impose four-year sentence on defendant. |
statutory_interpretation |
|
P. Siggins | Mar. 10, 2020 |
F078083
|
Estate of Ashlock
Probate Code Section 859 contains a restorative obligation and a punitive penalty for the recovery of wrongfully taken real or personal property. |
statutory_interpretation |
|
R. Peña | Mar. 5, 2020 |
17-16299
|
Amended Opinion: Lima v. Educational Credit Management Corp.
Nonprofit guaranty agency, which operates as intermediary between student-loan lender and U.S., was exempt from definition of 'debt collector' and thus not subject to violations of Fair Debt Collection Practices Act. |
statutory_interpretation |
|
S. Graber | Jan. 14, 2020 |
B294553
|
People v. Parker
The Mentally Disordered Offender Act extends prisoners' custody time for good cause, by conducting inmates' mental health evaluations to prevent potential threats to public safety. |
statutory_interpretation |
|
M. Tangeman | Jan. 14, 2020 |
17-16299
|
Lima v. Educational Credit Management Corp.
Nonprofit guaranty agency, which operates as intermediary between student-loan lender and U.S., was exempt from definition of 'debt collector' and thus not subject to violations of Fair Debt Collection Practices Act. |
statutory_interpretation |
|
S. Graber | Dec. 19, 2019 |
A157383
|
Daws v. Superior Court
Trial court's two-day written notice requirement for defendant to withdraw his waiver of right to a speedy trial fulfilled the requirements of Penal Code Section 1382. |
statutory_interpretation |
|
J. Streeter | Nov. 18, 2019 |
17-15616
|
Pit River Tribe v. Bureau of Land Management
The Geothermal Stream Act, 30 U.S.C. Section 1005(a), clearly and unambiguously only permits production-based continuations for geothermal leases on a lease-by-lease basis, rather than on a unit-wide basis. |
statutory_interpretation |
|
M. Christen | Sep. 20, 2019 |
S246711
|
ZB, N.A. v. Superior Court (Kalethia Lawson)
Labor Code Section 558 provides no private right of action and plaintiff could not recover unpaid wages under Section 558 in a Private Attorneys General Act claim as she requested. |
statutory_interpretation |
|
M. Cuéllar | Sep. 13, 2019 |
18-15416
|
Garris v. FBI
To maintain a record, the government must demonstrate that the record is pertinent to and within the scope of a specific and currently ongoing authorized law enforcement activity. |
statutory_interpretation |
|
A. Tashima | Sep. 12, 2019 |
17-17395
|
Rudel v. Hawaii Mgmt Alliance Assn.
State law claims were preempted by ERISA Section 502(a), but saved from preemption under Section 514 and since the state statutes did not expand ERISA's remedial scope, they provided the rule of law. |
statutory_interpretation |
|
S. Thomas | Sep. 12, 2019 |
C084895
|
Wilson v. County of San Joaquin
Government Code Section 850.6(a) did not provide County immunity for City firefighters' alleged negligence since the firefighters were not providing firefighting service during the relevant incident. |
statutory_interpretation |
|
A. Hoch | Jul. 31, 2019 |
18-55815
|
U.S. Commodity Futures Trading Commission v. Monex Credit Company
Commodity Exchange Act's actual delivery exception required some meaningful degree of customer possession, which did not occur here, and the CFTC may sue for fraudulently deceptive activity or manipulative activity. |
statutory_interpretation |
|
E. Siler | Jul. 26, 2019 |
18-481
|
Food Marketing Institute v. Argus Leader Media
Commercial or financial information customarily and actually treated as private by its owner and imparted under assurance of privacy is 'confidential' under the Freedom of Information Act's Exemption 4. |
statutory_interpretation |
|
N. Gorsuch | Jun. 25, 2019 |
17-6086
|
Gundy v. United States
34 U.S.C. Section 20913(d), requiring the Attorney General apply the Sex Offender Registration and Notification Act's requirements to pre-Act offenders as soon as possible, was not an unconstitutional delegation of legislative authority. |
statutory_interpretation |
|
E. Kagan | Jun. 24, 2019 |
B279241
|
Stokes v. Baker
Health and Safety Code Section 1799.110(c)'s legislative purpose did not bear on causation inquiries, so requiring experts offering medical testimony on such matters to have recent emergency room experience was improper. |
statutory_interpretation |
|
A. Egerton | Jun. 3, 2019 |
D073522
|
Citizens Oversight v. Vu
The California Public Records Act, through Election Code Sections 15370 and 17301, specifically and clearly protected ballots from public disclosure, so the court was bound by the provisions' plain meaning. |
statutory_interpretation |
|
P. Benke | May 22, 2019 |
18-315
|
Cochise Consultancy, Inc. v. United States ex rel. Hunt
A relator-initiated, nonintervened suit is subject to the limitation periods in 31 U.S.C. Section 3731(b)(1) and (b)(2). |
statutory_interpretation |
|
C. Thomas | May 14, 2019 |
B285488
|
Summers v. Colette
No continuous directorship requirement should be read into Corporations Code Sections 5233(c), 5142(a), and 5223(a), and refusal to grant leave to amend to join an indispensable party was erroneous. |
statutory_interpretation |
|
J. Segal | Apr. 17, 2019 |
S238001
|
T-Mobile West LLC v. City and County of San Francisco
San Francisco Ordinance No. 12-11, requiring permits for installation or maintenance of wireless equipment along public rights-of-way, was not preempted by Public Utilities Code Section 7901, nor violated Section 7901.1. |
statutory_interpretation |
|
C. Corrigan | Apr. 5, 2019 |
B285062
|
Modification: People v. Joseph
Filing a false CHP-180 form violates Vehicle Code Section 10501(a) and commonly results in violation of Penal Code Section 118, so the specific Section 10501(a) preempts the general Section 118. |
statutory_interpretation |
|
C. Chung | Apr. 4, 2019 |
S237415
|
In re H.W.
Liability under Penal Code Section 466 requires intent to use a qualifying tool to break or gain entry into a structure to commit theft or any felony within the structure. |
statutory_interpretation |
|
M. Cuéllar | Mar. 29, 2019 |
B287997
|
Herriott v. Herriott
Welfare and Institutions Code Section 15657.03 allows an abused elder to seek exclusion of a party from petitioner's dwelling, but 'dwelling' refers to petitioner's apartment, rather than petitioner's apartment building. |
statutory_interpretation |
|
M. Stratton | Mar. 22, 2019 |
A151199
|
Synergy Project Management, Inc. v. City and County of S.F.
Objective of Public Contract Code Section 4107(a) is to prevent bid peddling and bid shopping and no risk existed when prime contractor wanted to retain subcontractor; thus, City's substitution of subcontractor was valid. |
statutory_interpretation |
|
J. Humes | Mar. 18, 2019 |
F076205
|
Ron Miller Enterprises, Inc. v. Lobel Fin. Corp., Inc.
To create a valid security interest, the parties must intend the relevant transaction has effect as security, and multiple documents can provide evidence for such intent. |
statutory_interpretation |
|
H. Levy | Mar. 15, 2019 |
B287327
|
1305 Ingraham v. City of Los Angeles
The 90-day statute of limitations of Government Code Section 65009(c)(1) applies upon the City Planning Department Director's determination regarding a housing project becoming final. |
statutory_interpretation |
|
A. Collins | Mar. 14, 2019 |