Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B308741
|
Nunez v. City of Redondo Beach
A city's policy of repairing half-inch sidewalk defects did not mean that a three-quarters-inch defect posed a substantial risk of injury. |
Torts |
|
A. Edgerton | Jul. 29, 2022 |
A162151
|
Modification: In re Ernesto L.
When a minor is committed to the Division of Juvenile Justice, a juvenile court must apply the minor's precommitment credits against the actual maximum custodial term imposed, not the theoretical maximum exposure term. |
Juveniles |
|
J. Humes | Jul. 29, 2022 |
21-15751
|
Chicken Ranch Rancheria v. State of California
During negotiations with Indian tribes, California substantially exceeded the Indian Gaming Regulatory Act's limitation that any Class III compact provision be directly related to the operation of gaming activities. |
Gaming |
|
D. Bress | Jul. 29, 2022 |
21-15444
|
Liberty Insurance Corp. v. Brodeur
District court's substantive limits on witness' testimony were reversed because the homeowners provided the necessary contact information before his testimony. |
Civil Procedure |
|
L. VanDyke | Jul. 29, 2022 |
19-36029
|
Oertwich v. Traditional Village of Togiak
Order |
|
Jul. 29, 2022 | ||
S080276
|
People v. Ng
Though Evidence Code Section 1291 does not explicitly permit introduction of foreign testimony, analogizing with federal case law allowed for its admissibility. |
Criminal Law and Procedure |
|
J. Groban | Jul. 29, 2022 |
A160188
|
Shiheiber v. JPMorgan Chase Bank
Trial court had authority to impose sanctions under Code of Civil Procedure Section 575.2 for local rule violations. |
Attorneys |
|
T. Stewart | Jul. 28, 2022 |
A162590
|
County of Mono v. City of Los Angeles
City's decision to reduce the water allocated for irrigation was a continuing part of an earlier, ongoing project covered by leases and not a new project subject to CEQA requirements. |
Environmental Law |
|
T. Brown | Jul. 28, 2022 |
21-55118
|
Garnier v. O'Connor-Ratcliff
School board trustees violated parents' First Amendment rights when trustees completely blocked parents from the trustees' social media pages. |
Constitutional Law |
|
M. Berzon | Jul. 28, 2022 |
20-70470
|
Martinez Alquijay v. Garland
Petitioner's request for time extension of his application for asylum was denied because his age, ignorance of the law and English, and stress from fleeing Guatemala were not extraordinary circumstances. |
Immigration |
|
S. Ikuta | Jul. 28, 2022 |
B310619
|
Meiri v. Shamtoubi
Amended trust's no contest clause was enforceable against beneficiary's untimely petition to contest trust, as it was a direct contest under both Probate Code Section 21311(b) and the amended trust. |
probate_and_trusts |
|
M. Kim | Jul. 27, 2022 |
A163579
|
People v. McCune
Trial court retained jurisdiction to set hit-and-run victim's restitution amount even after defendant's probation was terminated early by amended probation limits. |
Remedies |
|
G. Burns | Jul. 27, 2022 |
21-30006
|
U.S. v. Willy
In open carry state, there was no probable cause to arrest defendant carrying a firearm where witnesses had stated defendant had displayed the weapon but had not threatened anyone. |
Criminal Law and Procedure |
|
J. Bybee | Jul. 27, 2022 |
21-15816
|
National Railroad Passenger Corp. v. Brotherhood of Locomotive Engineers and Trainmen
The federal Railroad Unemployment Insurance Act preempts California's Healthy Workplaces, Healthy Families Act as to any "sickness benefits" for California railroad employees. |
Employment Law |
|
D. Bress | Jul. 27, 2022 |
21-35265
|
Fort v. State of Washington
Indeterminate Sentencing Review Board setting of hearings pursuant to Washington state statute was part of a judicial function warranting quasi-judicial immunity. |
Criminal Law and Procedure |
|
J. Rawlinson | Jul. 27, 2022 |
D078391
|
People v. Saibu
Trial court correctly applied the legal standard to determine whether the government had proved beyond a reasonable doubt that defendant had committed felony murder. |
Criminal Law and Procedure |
|
R. Huffman | Jul. 27, 2022 |
B312522
|
People v. Flowers
When the record clearly indicated support for trial court's imposition of the upper term pursuant to Penal Code Section 1170 as it existed at the time, trial court's decision did not warrant reversal. |
Criminal Law and Procedure |
|
K. Yegan | Jul. 27, 2022 |
C094008
|
Callanan v. Grizzly Designs, LLC
Defendant's cross-complaint was not subject to an anti-SLAPP motion to strike because the underlying conduct, violating California labor laws, was not an activity in furtherance of the right to petition. |
Anti-SLAPP |
|
L. Earl | Jul. 26, 2022 |
B308780
|
People v. Mitchell
In deciding a petition for resentencing under Penal Code Section 1172.6 (formerly Section 1170.95), trial courts may consider all evidence admissible under the Evidence Code. |
Criminal Law and Procedure |
|
J. Wiley | Jul. 26, 2022 |
B316199
|
Modification: Daimler Trucks North America LLC v. Superior Court (Hu)
Defendant's systematic business activities in California were sufficient to support a finding of specific jurisdiction even though the cause of action did not arise out of defendant's in-state conduct. |
Civil Procedure |
|
L. Rubin | Jul. 26, 2022 |
E076728
|
Transcon Financial, Inc. v. Reid & Hellyer, APC
Motions for sanctions filed on the 21st day of the safe harbor period instead of after the period had run required denial of the motions. |
Civil Procedure |
|
F. Menetrez | Jul. 26, 2022 |
B301021
|
Francis v. City of Los Angeles
City was entitled to nonsuit for retaliation claim where plaintiff failed to present substantial evidence demonstrating that she had been subject to any adverse employment action. |
Employment Law |
|
F. Rothschild | Jul. 26, 2022 |
C094657
|
Legg v. Dept. of Justice
Three-tiered registry for sex offenders convicted in adult court based on the age of the offender does not violate the Equal Protection Clause. |
Criminal Law and Procedure |
|
E. Duarte | Jul. 26, 2022 |
B311067
|
Gallo v. Wood Ranch USA, Inc.
The Federal Arbitration Act does not preempt the California Arbitration Act's provisions governing the timing of arbitration fee payments. |
Arbitration |
|
B. Hoffstadt | Jul. 26, 2022 |
22-30081
|
U.S. v. Donnelly
An eight-month pre-hospitalization commitment of incompetent defendant to Attorney General's custody plainly exceeded any period conceivably allowed by statute. |
Criminal Law and Procedure |
|
P. Curiam (9th Cir.) | Jul. 26, 2022 |
17-10548
|
U.S. v. Hansen
Order |
|
Jul. 26, 2022 | ||
20-56315
|
Mull v. Motion Picture Industry Health Plan
ERISA did not prevent a plan fiduciary from implementing a self-help remedy under the terms of a health care plan since ERISA merely excluded other unauthorized causes of action. |
Insurance |
|
R. Clifton | Jul. 26, 2022 |
21-15970
|
Yoshikawa v. Seguirant
Regulatory enforcement based on technical violations may serve as basis of an equal protection claim when regulation would not have been enforced in the same manner but for plaintiff's race. |
Civil Rights |
|
J. Bybee | Jul. 26, 2022 |
D079759
|
In re N.L.
Because minors charged with felony offenses committed at 14 years or older are no longer ineligible for informal supervision, the appropriate remedy was conditional reversal with instructions. |
Juveniles |
|
M. Buchanan | Jul. 25, 2022 |
G060302
|
People v. Beasley
Stated reasons for dismissing criminal defendant's three prior strike convictions did not reasonably and justifiably support the conclusion that defendant fell outside the spirit of the Three Strikes law. |
Criminal Law and Procedure |
|
W. Bedsworth | Jul. 25, 2022 |