Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
20-7846
|
Ortiz v. Breslin
Order |
|
Feb. 23, 2022 | ||
21-432
|
Arellano v. McDonough
Order |
|
Feb. 23, 2022 | ||
21-476
|
303 Creative LLC v. Elenis
Order |
|
Feb. 23, 2022 | ||
20-16401
|
Grand Canyon Trust v. Provencio
In determining a mine's profitability under the Mining Act, sunk costs can be ignored. |
Administrative Agencies |
|
J. Bybee | Feb. 23, 2022 |
20-56194
|
Saldana v. Glenhaven Healthcare
Merely complying with federal COVID-19 regulations was insufficient to bring a nursing home under the federal officer removal statute. |
Civil Procedure |
|
K. Schreier | Feb. 23, 2022 |
A159962
|
In re K.M.
Defendant was not liable for aiding and abetting a robbery because although he was present, insufficient evidence showed that he affirmatively assisted or encouraged the robbery. |
Criminal Law and Procedure |
|
G. Burns | Feb. 22, 2022 |
A159649
|
People v. Smith
A petitioner for release under the Sexually Violent Predators Act did not need to show a material change since his last petition for release because his earlier petition was not denied on the merits or found to be frivolous. |
Criminal Law and Procedure |
|
G. Burns | Feb. 22, 2022 |
B313191
|
In re Katherine J.
The beneficial relationship exception did not apply because the father's unresolved substance abuse and violence issues undermined the relationship. |
Juveniles |
|
C. Crandall | Feb. 22, 2022 |
B309408
|
Ramirez v. Charter Communications, Inc.
An arbitration remedy provision was not substantively unconscionable because it allowed a prevailing defendant to recover attorney's fees only to the same extent the Fair Employment and House Act allowed. |
Arbitration |
|
T. Willhite | Feb. 22, 2022 |
B305494
|
LaFace v. Ralphs Grocery Co.
Plaintiff was not entitled to a jury trial under her Private Attorneys General Act action. |
Employment Law |
|
G. Micon | Feb. 22, 2022 |
20-99000
|
Oliver v. Davis
Debatable inferences of evidence that a preemptory challenge to strike a juror was pretextual should have been resolved in favor of the state court. |
Criminal Law and Procedure |
|
E. Miller | Feb. 18, 2022 |
19-17088
|
Amended Opinion: Navajo Nation v. U.S. Dept. of the Interior
Indian tribe successfully identified specific treaty, statutory, and regulatory provisions that, taken together, anchored its breach of trust claim. |
Native American Affairs |
|
R. Gould | Feb. 18, 2022 |
B309605
|
People v. Lopez
Mask mandate did not violate right to confront witnesses because it was necessary to further the public policy of ensuring courtroom attendees' safety during the COVID-19 pandemic and did not inhibit the testimonies' reliability. |
Criminal Law and Procedure |
|
E. Grimes | Feb. 17, 2022 |
B313121
|
People v. Butler
Assembly Bill No. 1950, which reduces the maximum probationary term for most felony offenses to two years, does not allow renegotiation of a plea agreement that exceeds the new maximum. |
Criminal Law and Procedure |
|
A. Harutunian | Feb. 17, 2022 |
F076838
|
People v. Sanchez
Defendant's attempted murder conviction was reversed because it could not be determined whether the jury relied on the natural and probable consequences doctrine in reaching its verdict. |
Criminal Law and Procedure |
|
M. Snauffer | Feb. 17, 2022 |
C092086
|
Save the El Dorado Canal v. El Dorado Irrigation Dist.
Water pipeline's project description in the environmental impact report meets California Environmental Quality Act requirement when it is adequate, complete and made a good faith effort at full disclosure. |
Environmental Law |
|
A. Hoch | Feb. 17, 2022 |
19-72039
|
Ortiz Narez v. Garland
A non-citizen was removable because voluntary manslaughter under California law is a crime involving moral turpitude. |
Immigration |
|
K. Lee | Feb. 17, 2022 |
E073965
|
People v. Clements
Although admitting a factual summary from a prior appellate decision was improper, the trial court's ruling was upheld because defendant failed to identify any portions of the appellate opinion the trial court relied on. |
Criminal Law and Procedure |
|
M. Slough | Feb. 17, 2022 |
B309269
|
People v. Alvarez
A COVID-19 requirement that witnesses wear masks while testifying did not violate the face-to-face requirement of the Confrontation Clause. |
Criminal Law and Procedure |
|
D. Perluss | Feb. 16, 2022 |
G059259
|
Modification: People v. Zamora
Where juror objects to release of jurors' identifying information, court must determine whether good cause for disclosure exists before releasing the identifying information. |
Criminal Law and Procedure |
|
T. Goethals | Feb. 16, 2022 |
C087102
|
League to Save Lake Tahoe Mountain Area v. City of Placer
Factual statements by members of the public may constitute substantial evidence supporting an argument of potential significant impact necessitating, under CEQA, a report discussion on existing air and water quality. |
Environmental Law |
|
H. Hull | Feb. 16, 2022 |
F082783
|
De La Cerda v. Superior Court (People)
Under the statute defining child pornography possession, Penal Code Section 311.11(c) is an alternate penalty provision and its subdivisions cannot be pleaded as separate offenses. |
Criminal Law and Procedure |
|
K. Meehan | Feb. 16, 2022 |
G059593
|
People v. Jackson
In sexually violent person cases, to determine whether to exclude defense expert witness testimony, trial courts must consider both statutory laws and defendant's constitutional due process right to present such evidence. |
Criminal Law and Procedure |
|
R. Fybel | Feb. 16, 2022 |
H047594
|
People v. Reynoza
The evidence was insufficient to prove that defendant attempted to prevent or dissuade a witness from causing a complaint to be filed. |
Criminal Law and Procedure |
|
M. Greenwood | Feb. 16, 2022 |
B312185
|
People v. Cortes
Defendant failed to make a showing that he was entitled to resentencing because the record demonstrated that he was not convicted under the natural and probable consequences doctrine. |
Criminal Law and Procedure |
|
C. Moor | Feb. 16, 2022 |
B311538
|
People v. Pacheco
Trial court's choice of criminal conviction with formal supervised probation over pretrial mental health diversion for arsonist was appropriate in light of the need to place the safety of the community first. |
Criminal Law and Procedure |
|
K. Yegan | Feb. 16, 2022 |
B310601
|
In re Abigail L.
A juvenile court order placing a child in another home did not render a request for de facto parent status from her previous custodian moot. |
Juveniles |
|
J. Segal | Feb. 16, 2022 |
19-17158
|
Rogers v. Dzurenda
Defendant prevailed on his ineffective assistance claim because trial counsel's preparation and execution of their chosen insanity defense fell below an objective standard of reasonableness. |
Criminal Law and Procedure |
|
R. Gould | Feb. 15, 2022 |
19-17311
|
Amended Opinion: Martinez-Gonzalez v. Elkhorn Packing RULING BY
Asking a farm laborer to sign an arbitration agreement after he had already traveled from Mexico, was living in company housing, and had started work was not economic duress. |
Arbitration |
|
P. Bumatay | Feb. 15, 2022 |
19-99004
|
Stevens v. Davis
Writ for habeas corpus was properly denied when the prosecutor's decision to strike black prospective jurors was not clearly a pretext for discrimination on the basis of race. |
Criminal Law and Procedure |
|
S. Ikuta | Feb. 15, 2022 |