Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
18-70329
|
Lopez Vazquez v. Garland
A non-citizen's petition for review of a removal order was dismissed because petitioner's removal order was legally valid at the time of entry and execution. |
Immigration |
|
D. Bress | Nov. 15, 2021 |
A162129
|
George v. eBay, Inc.
eBay sellers failed to show unconscionability because they did not show that they had no other options and the challenged policies had legitimate business purposes. |
Contracts |
|
J. Richman | Nov. 15, 2021 |
D079074
|
Chambers v. Crown Asset Management, LLC
An affidavit was excluded because it lacked sufficient detail to show that the underlying records it relied upon qualified under the business records exception. |
Evidence |
|
P. Guerrero | Nov. 15, 2021 |
B304655
|
Modification: Wertheim, LLC v. Currency Corp.
Where attorneys' untimeliness in pursuing a motion causes more fees, postjudgment attorneys' fees are unnecessary and unmerited. |
Attorneys |
|
V. Chaney | Nov. 15, 2021 |
B298881
|
Drink Tank Ventures v. Real Soda in Real Bottles
Where the sole basis for an intentional interference with a prospective economic advantage claim is based on breach of contract, the trial court lacked subject matter jurisdiction because there was no tort. |
Business Law |
|
B. Hoffstadt | Nov. 12, 2021 |
B305535
|
Oakes v. Progressive Transportation Services
The cost-shifting provisions of Code of Civil Procedure 998 should be applied before labor code provisions governing the distribution of a judgment. |
Workers' Compensation |
|
V. Chavez | Nov. 12, 2021 |
B305826
|
Martinez v. City of Beverly Hills
In the context of municipal liability, constructive notice for defective sidewalks is different than liability for defective alleys because the intended uses are different. |
Government |
|
B. Hoffstadt | Nov. 12, 2021 |
A161954
|
People v. Davenport
A trial court erred in denying a petition for resentencing when it considered facts from a preliminary hearing transcript that defendant did not stipulate to as a factual basis for his no contest plea. |
Criminal Law and Procedure |
|
J. Streeter | Nov. 12, 2021 |
E076526
|
In re R.F.
An order terminating dependency jurisdiction was reversed because the father did not receive proper notice and was not given an opportunity to be heard. |
Juveniles |
|
C. Codrington | Nov. 12, 2021 |
D076228
|
Haytasingh v. City of San Diego
A trial court's jury instruction to apply a local ordinance was prejudicially erroneous because the local ordinance is preempted by state law. |
Government |
|
C. Aaron | Nov. 12, 2021 |
A162937
|
D.C. v. Superior Court (People)
When deciding which jurisdiction a juvenile offender should be charged in, judges may consider delinquent conduct which occurred after the alleged offense. |
Juveniles |
|
M. Simons | Nov. 11, 2021 |
A161078
|
Modification: Doe v. Damron
Specific personal jurisdiction is established where tort occurs in state even though defendant is just a visitor. |
Civil Procedure |
|
G. Burns | Nov. 11, 2021 |
C087191
|
People v. Schuller
Imperfect self-defense must be based on a misperception of the circumstances and cannot be based purely on delusions. |
Criminal Law and Procedure |
|
W. Murray | Nov. 11, 2021 |
21-35004
|
Miller v. Sawant
Dismissal was improper in a defamation suit because it was plausible that statements about the police were "of and concerning" plaintiff officers in particular. |
Torts |
|
A. Tashima | Nov. 11, 2021 |
19-15691
|
Fordley v. Lizarraga
A prison's failure to respond to an inmate's grievance rendered the administrative appeals process "unavailable" under the Prison Litigation Reform Act. |
Prisoners' Rights |
|
M. Christen | Nov. 11, 2021 |
B307347
|
Kremerman v. White
Establishing personal jurisdiction requires strict compliance with statutory requirements regarding service of process. |
Civil Procedure |
|
M. Stratton | Nov. 10, 2021 |
B311213
|
In re Josiah T.
Termination of parental rights was reversed when the Department of Children and Family Services failed to fulfill its inquiry and disclosure duties under the Indian Child Welfare Act. |
Juveniles |
|
M. Stratton | Nov. 10, 2021 |
A162063
|
Y.C. v. Superior Court (People)
Statements taken in violation of the Fifth and Sixth Amendments could not be sealed merely to protect privacy. |
Constitutional Law |
|
A. Tucher | Nov. 10, 2021 |
20-56063
|
Doe v. Garland
Plaintiff failed to state a constitutional right to privacy claim because the type of information contained in government press releases did not implicate his constitutional privacy rights. |
Constitutional Law |
|
D. Ezra | Nov. 10, 2021 |
20-70115
|
Amended Opinion: Guerrier v. Garland
'DHS v. Thuraissigiam' abrogated 'colorable constitutional claim' exception to statutory limits on court's jurisdiction to review challenges to expedited removal orders. |
Immigration |
|
E. Robreno | Nov. 10, 2021 |
B310554
|
People v. Cuadra
Plaintiff raising his hands in the air and questioning why he was being detained demonstrated submission to a show of authority. |
Criminal Law and Procedure |
|
M. Stratton | Nov. 9, 2021 |
C089782
|
People v. Revels
Jurors' impartiality was not an issue where a testifying doctor provided minor assistance to an alternate juror. |
Criminal Law and Procedure |
|
A. Hoch | Nov. 9, 2021 |
20-16408
|
WhatsApp Inc. v. NSO Group Technologies
A corporation was not entitled to the protection of foreign sovereign immunity under the Foreign Sovereign Immunity Act. |
Immunity |
|
D. Forrest | Nov. 9, 2021 |
19-10454
|
U.S. v. Prasad
Amount forfeited from fraudulent visa scheme correctly includes all proceeds obtained from the illegal activity and not just the profits after accounting for costs. |
Criminal Law and Procedure |
|
B. Bade | Nov. 9, 2021 |
20-35340
|
Montana Green Party v. Jacobsen
Montana's geographic distribution requirement under its primary ballot access scheme violated the "one person, one vote" principle in the Equal Protection Clause of the Fourteenth Amendment. |
Constitutional Law |
|
W. Fletcher | Nov. 9, 2021 |
20-15419
|
Amended Opinion: Steinle v. U.S.
Several intervening acts preceding fatal incident were too remote to establish proximate causation. |
Torts |
|
S. Graber | Nov. 9, 2021 |
20-55420
|
Amended Opinion: Inland Empire Waterkeeper v. Corona Clay
Because a failure to provide information about pollutant discharge violations could increase the risk of harm to recreational users of a nearby river, plaintiffs had standing to bring suit. |
Environmental Law |
|
A. Hurwitz | Nov. 8, 2021 |
20-15959
|
Acres Bonusing Inc. v. Marston
Tribal sovereign immunity did not apply because plaintiff sought money damages from the defendants in their individual capacities. |
Immunity |
|
D. Bress | Nov. 8, 2021 |
B304183
|
Long Beach Memorial Medical v. Kaiser Foundation Health Plan
The recognition of a new intentional tort of inadequately reimbursing a hospital was at odds with the purposes of the Knox-Keene Act. |
Health Care |
|
B. Hoffstadt | Nov. 5, 2021 |
B310783
|
South Coast Air Quality Management Dist. v. City of Los Angeles
Trial court properly denied union's intervention when union's interests were already represented and its involvement would complicate an already complicated case. |
Civil Procedure |
|
J. Wiley | Nov. 5, 2021 |