Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
A159927
|
People v. Coley
Trial court did not err in denying defendant's petition for resentencing without issuing an order to show cause because his conviction necessarily involved express malice. |
Criminal Law and Procedure |
|
H. Needham | Apr. 19, 2022 |
B305604
|
California DUI Lawyers Assn. v. California Dept. of Motor Vehicles
Combining the roles of advocate and adjudicator in a single person employed by the DMV violated due process. |
Administrative Agencies |
|
B. Currey | Apr. 19, 2022 |
21-5050
|
Love v. Texas
Order |
|
Apr. 19, 2022 | ||
20-37
|
Becerra v. Gresham
Order |
|
Apr. 19, 2022 | ||
20-38
|
Arkansas v. Gresham
Order |
|
Apr. 19, 2022 | ||
21-700
|
Smith v. Chicago, IL
Order |
|
Apr. 19, 2022 | ||
19-35526
|
Martinez-Rodriguez v. Giles
Mexican citizens provided sufficient evidence that dairy farm, which recruited them in Mexico under TN Visa program for professional-level work, actually hired them as nonprofessional, general laborers. |
Immigration |
|
D. Collins | Apr. 19, 2022 |
17-16783
|
HiQ Labs, Inc. v. LinkedIn
The Computer Fraud and Abuse Act did not preempt plaintiff's state law claims since plaintiff showed serious questions as to whether access "without authorization" was inapplicable to public LinkedIn profiles. |
Civil Procedure |
|
M. Berzon | Apr. 19, 2022 |
21-35030
|
Safari Club International v. Haaland
Alaska National Interest Lands Conservation Act preserved the federal government's plenary power over public lands, including the Kenai National Wildlife Refuge, in Alaska. |
Environmental Law |
|
R. Gould | Apr. 19, 2022 |
20-10072
|
U.S. v. McCarron
Multiple proposed lurid rendezvous, even if purely hypothetical, sufficed as evidence of a substantial step in defendant's attempt to cause a minor's assent to unlawful sexual activity. |
Criminal Law and Procedure |
|
D. O'Scannlain | Apr. 19, 2022 |
A162940
|
People v. Crites
Penal Code Section 1203.01(a) allows trial courts to create postjudgment records that include probation officers' reports and comments from the judge and district attorney pertaining to the crime or the criminal. |
Criminal Law and Procedure |
|
S. Pollak | Apr. 18, 2022 |
20-56016
|
Trendsettah USA v. Swisher Int'l
Plaintiff's presentation of misleading financial documents did not constitute fraud on the court since there was no clear and convincing evidence that it was intentional or aimed at the court. |
Civil Procedure |
|
J. Rawlinson | Apr. 18, 2022 |
20-30169
|
U.S. v. House
Government conceded recent caselaw controlled as to sentencing enhancement based on defendant's prior marijuana conviction, and that the court should remand for resentencing without treating the conviction as a qualifying offense. |
Criminal Law and Procedure |
|
P. Curiam (9th Cir.) | Apr. 18, 2022 |
B308433
|
People v. Canedos
Retroactive reduction in maximum parol duration meant that the court no longer had jurisdiction to revoke probation for violations committed after the new maximum duration. |
Criminal Law and Procedure |
|
F. Rothschild | Apr. 15, 2022 |
20-56327
|
Shoner v. Carrier Corp.
Federal court lacked jurisdiction because while attorneys' fees are not "costs" under the Magnuson-Moss Warranty Act and may be included in the amount in controversy, they were unavailable under plaintiff's claims. |
Civil Procedure |
|
M. Smith | Apr. 15, 2022 |
21-35334
|
Clark v. Eddie Bauer LLC
Order |
|
Apr. 15, 2022 | ||
F081415
|
Torres v. Adventist Health System/West
Plaintiff's allegation that she relied on hospital's failure to disclose additional emergency room fees and thereafter received treatment at hospital did not sufficiently plead reliance under the Consumer Legal Remedies Act. |
Remedies |
|
D. Franson | Apr. 15, 2022 |
A163590
|
SK Trading International v. Superior Court (People)
Trial court did not err in denying South Korean corporation's motion to quash service of summons because its contacts with gasoline firms in California were sufficient to support specific jurisdiction. |
Civil Procedure |
|
S. Pollak | Apr. 14, 2022 |
A162591
|
People v. Pantoja
Defendant wearing baggy clothing and having a history of weapons possession was not sufficient evidence to reasonably support a suspicion that he was armed and dangerous during traffic stop. |
Criminal Law and Procedure |
|
M. Miller | Apr. 14, 2022 |
20-55653
|
Aylward v. SelectHealth
Plaintiff's state law claim that health insurance company breached its duty to timely process her deceased husband's appeal of denial of insurance preauthorization was expressly preempted by the Medicare Act. |
Health Care |
|
J. Wallace | Apr. 14, 2022 |
18-55831
|
Russell v. Lumitap
Prison nurse was entitled to qualified immunity because no clearly established case law put her on notice that she could violate plaintiff's constitutional rights while following the doctor's instructions. |
Prisoners' Rights |
|
A. Kleinfeld | Apr. 14, 2022 |
B309764
|
Modification: Buena Vista Water Storage Dist. v. Kern Water Bank Authority
Public water agency's environmental impact report for storage project to divert excess water met California Environmental Quality Act requirements with its good faith efforts at full disclosure. |
Environmental Law |
|
Apr. 13, 2022 | |
C087459
|
People v. Hola
The proper procedure for a direct appeal challenge based on the elimination of the natural and probable consequences doctrine is remand for a new trial. |
Criminal Law and Procedure |
|
W. Murray | Apr. 13, 2022 |
D077945
|
People v. Johnson & Johnson
Substantial evidence did not support the trial court's finding that companies' oral marketing communications about their pelvic mesh products were likely to deceive doctors. |
Consumer Law |
|
J. McConnell | Apr. 13, 2022 |
E076378
|
People ex rel. Ellinger v. Magill
A person cannot bring a qui tam action under Section 1871.7 of the Insurance Frauds Prevention Act against an insurance company since the statute only addresses deceptive conduct against the insurer. |
Insurance |
|
F. Menetrez | Apr. 13, 2022 |
B306986
|
Nunez v. Cycad Management LLC
Arbitration agreement presented to Spanish-speaking employee that was not explained, provided on a take-it or leave-it basis and wholly benefited the employer was unconscionable and unenforceable. |
Arbitration |
|
E. Lui | Apr. 13, 2022 |
B311823
|
Clarity Co. Consulting v. Gabriel
Sanctions may be imposed when clearly meritless anti-SLAPP motions are pursued. |
Attorneys |
|
K. Yegan | Apr. 13, 2022 |
F081903
|
People v. Flores
Based on the legislative intent underlying Assembly Bill 1950 to advance specific public policy goals through the reduction of probation terms, defendant was entitled to modification of his probation term. |
Criminal Law and Procedure |
|
K. Meehan | Apr. 13, 2022 |
A161632
|
People v. Cooper
Courts cannot deny retroactive relief to a convicted murderer under Penal Code Section 1170.95 based on findings that are inconsistent with a previous acquittal where no other evidence is introduced. |
Criminal Law and Procedure |
|
J. Humes | Apr. 13, 2022 |
F079770
|
People v. Banner
Defendant's psychological trauma stemming from mental illness may have been a contributing factor in the commission of attempted robberies that warranted a lower sentence. |
Criminal Law and Procedure |
|
M. Snauffer | Apr. 12, 2022 |