Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
20-35515
|
Tulelake Irrigation District v. United States Fish and Wildlife Service
Conservation plan restricting agricultural use of leased wildlife refuge lands was not unlawful when it ensured the refuge's purpose of waterfowl management was carried out without disallowing compatible uses. |
Environmental Law |
|
W. Fletcher | Jul. 19, 2022 |
20-71042
|
Bravo-Bravo v. Garland
The Board of Immigration appeals lacked any jurisdiction to reopen a reinstated prior order of removal when alien had illegally reentered the country. |
Immigration |
|
S. Ikuta | Jul. 19, 2022 |
20-35509
|
Center for Biological Diversity v. Haaland
U.S. Fish and Wildlife Service's decision-making process for adopting a Comprehensive Conservation Plan for refuges was in accordance with law. |
Environmental Law |
|
D. Bress | Jul. 19, 2022 |
20-35508
|
Audubon Society of Portland v. Haaland
The United States Fish and Wildlife Service properly exercised its professional judgment in allowing a mix of agricultural land and natural habitat in the Klamath Basin National Wildlife Refuge Complex. |
Environmental Law |
|
W. Fletcher | Jul. 19, 2022 |
S095223
|
Modification: People v. Bloom
Counsel's decision to override defendant's insistence to not concede guilt as to the murder of his stepmother and stepsister was a *McCoy* violation. |
Criminal Law and Procedure |
|
L. Kruger | Jul. 18, 2022 |
A161949
|
Thompson v. Crestbrook Insurance Company
Issue preclusion applied to subsequent litigation against different insurers where the prior litigation was based on the same underlying facts and concerned an identical issue of policy coverage. |
Insurance |
|
S. Pollak | Jul. 18, 2022 |
E075532
|
People v. Clark
Prosecutors can show that two gang members separately committed crimes on different occasions to prove a "pattern of criminal gang activity" for the Penal Code Section 186.22 gang enhancement. |
Criminal Law and Procedure |
|
D. Miller | Jul. 18, 2022 |
D079597
|
In re Mazur
Petitioner was not subject to two-year on-bail sentencing enhancement because he was not taken into custody for the securities fraud committed while released on bail. |
Criminal Law and Procedure |
|
J. McConnell | Jul. 18, 2022 |
C094048
|
People v. Shelly
The People may not withdraw from a plea agreement when the effect of Assembly Bill 1950's passage did not deprive them of the benefit of the bargain. |
Criminal Law and Procedure |
|
L. Earl | Jul. 18, 2022 |
B312816
|
M & L Financial v. Sotheby's
Sustaining a demurrer to breach of contract claim was error where plaintiff's oral clarification at signing was relevant to interpreting contract terms and supported plaintiff's breach of contract claim. |
Contracts |
|
J. Wiley | Jul. 18, 2022 |
C093084
|
People v. Singh
A Penal Code Section 1473.7 motion to vacate a conviction had the party known of the immigration consequences applies to defendants who were convicted after a trial. |
Immigration |
|
H. Hull | Jul. 18, 2022 |
C094419
|
Parkford Owners for a Better Community v. Windeshausen
When appellate court dismisses a lawsuit based solely on mootness, a subsequent lawsuit involving the same parties is not barred by claim or issue preclusion. |
Civil Procedure |
|
E. Duarte | Jul. 18, 2022 |
A162842
|
Modification: Rittiman v. Public Utilities Commission
The Governor's correspondence exemption under the Public Records Act applies to all correspondence of and to the Governor and his staff, not just those from private parties. |
Public Records Act |
|
K. Banke | Jul. 15, 2022 |
D079305
|
Petrolink, Inc. v. Lantel Enterprises
Trial court had authority to enforce property purchase agreement between parties despite an unforeseen eminent domain action on the property encumbering the property's title. |
Civil Procedure |
|
C. Aaron | Jul. 15, 2022 |
21-55379
|
Starz Entertainment v. MGM
Copyright plaintiff's cause of action accrued when it discovered the infringement, and it could recover damages for all incidents of infringement that occurred prior to the discovery. |
Copyright |
|
K. Wardlaw | Jul. 15, 2022 |
21-15677
|
Roley v. Google
Google's communications did not constitute a unilateral offer for one terabyte of Google Drive storage because they neither informed users how they might conclude the bargain nor invited the performance of a specific act. |
Contracts |
|
A. Tashima | Jul. 15, 2022 |
B307242
|
Tukes v. Richard
Plaintiff lacked standing to bring a malicious prosecution claim because he was not a named defendant in the original complaint and his uninvited answer did not make him a party. |
Civil Procedure |
|
A. Harutunian | Jul. 14, 2022 |
20-16128
|
Unified Data Services v. Federal Trade Commission
Pre-enforcement challenge to government policy prohibiting the use of soundboards in telemarketing lacked standing because plaintiffs did not articulate a concrete plan to violate the policy in question. |
Civil Procedure |
|
R. Clifton | Jul. 14, 2022 |
19-16913
|
Sicre De Fontbrune v. Wofsy
French judgment that imposed money damages for continued use of copyrighted Pablo Picasso photographs was not repugnant to United States public policy protecting free expression. |
Copyright |
|
J. Ericksen | Jul. 14, 2022 |
B316501
|
Marina Pacific Hotel and Suites, LLC v. Fireman's Fund Insurance Co.
Insurance policy that covered "direct physical loss or damage" to properties may have covered COVID-19 damages since plaintiffs alleged a distinct physical alteration of the property caused by the virus. |
Insurance |
|
D. Perluss | Jul. 14, 2022 |
A163315
|
Golden Gate Land Holdings LLC v. Direct Action Everywhere
Advocacy organization's alleged liability must be premised on constitutionally protected activity, rather than merely adjacent to protected activity, to be stricken under the anti-SLAPP statute. |
Anti-SLAPP |
|
J. Humes | Jul. 14, 2022 |
B318399
|
People v. Torres
Even if trial court wrongly assumed it lacked discretion not to order confinement as a condition of probation, remand was unnecessary where trial court plainly indicated it would not exercise that discretion. |
Criminal Law and Procedure |
|
A. Gilbert | Jul. 14, 2022 |
F081049
|
Wyatt v. Kern High School
Records relating to internal affairs investigation against a peace officer were not subject to disclosure under Penal Code Section 832.7 because the officer was not provided an opportunity to appeal the findings. |
Public Records Act |
|
C. Poochigian | Jul. 13, 2022 |
C093173
|
People v. Zabelle
A criminal sentence was remanded where certain factors should not have been considered and the trial court was unclear on how important those factors were to the sentence. |
Criminal Law and Procedure |
|
J. Renner | Jul. 13, 2022 |
A157687
|
Modification: XPO Logistics Freight, Inc. v. Hayward Property, LLC
County assessor's division of property, for property tax purposes, could not be read as part of a contested property's legal description. |
Real Property |
|
S. Pollak | Jul. 13, 2022 |
B315997
|
In re M.M.
Adoption assessment that did not directly discuss bond between parent and child was sufficient when evidence of irregular and canceled visits clearly established that the parental benefit exception did not apply. |
Dependency |
|
E. Grimes | Jul. 13, 2022 |
A162151
|
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. 13, 2022 |
D078191
|
People v. Harden
Law-of-the-case doctrine does not apply at the prima facie stage of a petition for resentencing because it is unclear if the evidence will be substantially similar prior to the evidentiary hearing. |
Criminal Law and Procedure |
|
W. Dato | Jul. 13, 2022 |
B317119
|
Modification: Meza v. Pacific Bell Telephone Co.
Pacific Bell's overtime wage statements which left the "rate" and "hour" columns blank on the wage statements because of its incentive program did not violate Labor Code requirements. |
Employment Law |
|
J. Lipner | Jul. 13, 2022 |
A162081
|
Saini v. Sutter Health
Hospital was not required to further notify a prospective emergency room patient of an emergency medical services fee when it provided signage in the emergency room that its fees are available online. |
Health Care |
|
S. Pollak | Jul. 12, 2022 |