Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
20-56174
|
Jones v. Bonta
California's ban on semiautomatic rifles for young adults violated the Second Amendment since it burdened the right to home self-defense and did not reasonably fit the objective of reducing violence. |
Constitutional Law |
|
R. Nelson | May 12, 2022 |
20-17412
|
San Francisco Herring Association v. U.S. Dept. of the Interior
The National Park Service did not need to acquire a formal property interest to govern running waters because running waters cannot be owned in a traditional sense. |
Administrative Agencies |
|
D. Bress | May 11, 2022 |
20-35985
|
Martz v. Horazdovsky
Vessel owners' limitation-of-liability action was timely because claimant's letter did not constitute "written notice of the claim" that started the running of the six-month limitations period. |
Maritime Law |
|
E. Miller | May 11, 2022 |
C090436
|
Williams v. National Western Life Insurance Co.
Insurer was liable for agent's misconduct since an agent submitting a life insurance policy is the insurer's agent under Insurance Code Section 1704.5, even when the agent violates restrictions on his authority. |
Insurance |
|
V. Raye | May 11, 2022 |
B304140
|
People v. Pineda
A statute that allowed defendants to challenge a juvenile court fitness proceeding by direct appeal, rather than through writ relief, did not apply retroactively because it did not ameliorate punishment. |
Criminal Law and Procedure |
|
L. Baker | May 11, 2022 |
E075421
|
Amato v. Downs
Trial court erred by deeming plaintiff's failure to follow a local court rule as a waiver of a jury trial. |
Civil Procedure |
|
M. Raphael | May 10, 2022 |
B309947
|
People v. Delgado
Denial of defendant's motion to suppress was affirmed since the officers had reasonable suspicion that there was a contraband transfer based on commonsense judgments and inferences about the interaction. |
Criminal Law and Procedure |
|
J. Wiley | May 10, 2022 |
21-15913
|
Vaz v. Neal
Although the Executive Office for Immigration Review had taken years to investigate plaintiff's complaint, the delay was not unreasonable. |
Administrative Agencies |
|
M. Bennett | May 10, 2022 |
21-35182
|
Bock v. State of Washington
Plaintiffs were judicially estopped since they agreed to the statutorily mandated forfeiture of property by signing a Stipulation to Police Reports and Order of Continuance. |
Civil Procedure |
|
M. McKeown | May 10, 2022 |
E076734
|
People v. Parramartinez
The record demonstrated that the trial court considered the appropriate circumstances and exercised its discretion in a reasonable manner when it declined to strike defendant's firearm enhancements. |
Criminal Law and Procedure |
|
M. Ramirez | May 9, 2022 |
20-55882
|
Association Des Eleveurs de Canards Et D'Oies Du Quebec v. Bonta
California statutes outlawing the practice of force-feeding ducks or geese to make foie gras and prohibiting its sale were not preempted by federal law. |
Constitutional Law |
|
R. Nelson | May 9, 2022 |
20-15647
|
Shields v. Credit One Bank
Impairments while recovering from surgery could qualify as a "disability" despite being short-term because there are no categorical temporal limitations for disabilities under the Americans with Disabilities Act. |
Disability Discrimination |
|
D. Collins | May 9, 2022 |
A161029
|
Bullock v. City of Antioch
Issue preclusion did not bar retired employees' claim against city because the record provided no basis for concluding that retirees should reasonably have expected to be bound by union's prior grievance proceeding. |
Civil Procedure |
|
T. Jackson | May 9, 2022 |
14-10080
|
U.S. v. Begay
Second-degree murder constituted a crime of violence because defendant who acted with requisite mens rea to commit second-degree murder necessarily acted with at least extreme disregard for human life. |
Criminal Law and Procedure |
|
M. Christen | May 6, 2022 |
B304144
|
San Luis Obispo Local v. Central Coast
The reciprocal attorney's fees provision of the Civil Code does not apply in a contract with a government agency that had no authority to enter into an attorney's fee provision in the first place. |
Contracts |
|
A. Gilbert | May 6, 2022 |
A155027
|
Morris v. JPMorgan Chase Bank
Plaintiff was a "borrower" capable of bringing claims under the Homeowners Bill of Rights since the stay on her bankruptcy filing was lifted prior to the allegedly improper foreclosure proceedings. |
Real Property |
|
J. Streeter | May 6, 2022 |
B310069
|
Romero v. Shih
Exclusive implied easements are to be granted only under very specific situations. |
Real Property |
|
M. Stratton | May 6, 2022 |
B311310
|
Ghukasian v. Aegis Security Insurance Company
Policyholder's mistake regarding property lines did not make her renovation damage to neighbor's property an accident for the purposes of coverage. |
Insurance |
|
B. Currey | May 6, 2022 |
A164037
|
Sirott v. Superior Court (Patel)
Plaintiff lacked standing to bring a derivative suit because it lacked continuous membership in the company, as it relinquished its membership during litigation. |
Corporations |
|
J. Humes | May 6, 2022 |
B309154
|
Bergstrom v. Zions Bancorporation
Bank's agent for service of process, and consequently bank, was liable for funds withdrawn from account after agent was negligent in reading a notice of levy. |
Banking |
|
B. Hoffstadt | May 6, 2022 |
A162671
|
Estate of Eskra
Plaintiff was not entitled to rescission of a premartial contract based on her unilateral mistake because she neglected to read the contract or confer with her attorney before signing. |
Contracts |
|
M. Simons | May 5, 2022 |
21-806
|
Health and Hospital Corp. v. Talevski
Order |
|
May 5, 2022 | ||
21-908
|
Bartenwerfer v. Buckley
Order |
|
May 5, 2022 | ||
21-984
|
Helix Energy Solutions v. Hewitt
Order |
|
May 5, 2022 | ||
A163263
|
Shaw v. Superior Court (Beverages & More, Inc.)
Courts may apply doctrine of exclusive concurrent jurisdiction to stay a PAGA case until conclusion of another PAGA case involving the same defendant and similar claims and legal theories. |
Employment Law |
|
T. Brown | May 5, 2022 |
20-15586
|
Stewart v. Aranas
Prison officials were not entitled to qualified immunity where their protracted "wait and see" treatment amounted to deliberate indifference and clearly violated prisoner's constitutional rights. |
Prisoners' Rights |
|
E. Siler | May 5, 2022 |
20-70078
|
Udo v. Garland
Plaintiff's petition for review of his Convention Against Torture claim was granted since the agency failed to give reasoned consideration to persuasive evidence of his persecution in Nigeria for homosexuality. |
Immigration |
|
M. McKeown | May 5, 2022 |
20-50228
|
U.S. v. Hernandez-Garcia
Marine Corps did not violate the Posse Comitatus Act by surveilling defendant north of the California-Mexico border because military assistance to Border Patrol was authorized by the 2016 National Defense Authorization Act. |
Immigration |
|
K. Lee | May 5, 2022 |
C093099
|
Doe v. Anderson Union High School Dist.
Based on the record, a school district did not have a duty to constantly monitor a teacher who eventually engaged in a sexual relationship with a student because to impose such a duty would be unreasonable. |
Torts |
|
L. Mauro | May 5, 2022 |
B307348
|
Fettig v. Hilton Garden Inns Management LLC
Plaintiff could not void a settlement agreement based on a claim that her attorney threatened her to accept the settlement, because defendant did not know about the supposed duress and relied on the settlement in good faith. |
Contracts |
|
J. Wiley | May 5, 2022 |