Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
C093153
|
Modification: In re Marti
A case was not moot when the court could afford an inmate relief because the disciplinary finding at issue could be considered in future adjudications. |
Criminal Law and Procedure |
|
Oct. 20, 2021 | |
19-60065
|
In re Hutchinson
Even if tax lien could have been avoidable by bankruptcy trustee under Bankruptcy Code Section 724(a), Section 522(h) cannot be used to avoid properly filed tax liens. |
Bankruptcy |
|
D. Collins | Oct. 20, 2021 |
20-60044
|
In re Stevens
Under Bankruptcy Code Section 554(c), for properties to be deemed abandoned, they must be first literally scheduled under Section 521(a). |
Bankruptcy |
|
R. Nelson | Oct. 20, 2021 |
20-16905
|
Miranda v. City of Casa Grande
Even if a police officer lied during administrative proceedings, there was no due process violation because plaintiff was granted a second administrative hearing that voided his license suspension. |
Civil Rights |
|
D. Bress | Oct. 20, 2021 |
B310566
|
In re Y.W.
Because the Department of Children and Family Services omitted information about a grandmother's tribal ancestry, notice to the Tribes was not adequate under the Indian Child Welfare Act. |
Juveniles |
|
J. Segal | Oct. 20, 2021 |
A159790
|
SEIU-USWW v. Preferred Building Services, Inc.
In the context of the Displaced Janitors Opportunity Act, a services contract terminated on the actual last day services were provided, rather than the later, stated date of termination. |
Labor Law |
|
M. Simons | Oct. 19, 2021 |
B306652
|
Morales v. Factor Surfaces LLC
A trial court did not err by allowing commission payments to be included when calculating an employee's hourly rate of pay because the employer failed to produce evidence to the contrary. |
Employment Law |
|
B. Currey | Oct. 19, 2021 |
20-1492
|
Abdulla v. Garland
Order |
|
Oct. 19, 2021 | ||
20-1631
|
Hirshfeld v. Implicit LLC
Order |
|
Oct. 19, 2021 | ||
20-493
|
Ysleta Del Sur Pueblo v. Texas
Order |
|
Oct. 19, 2021 | ||
20-7622
|
Denezpi v. U.S.
Order |
|
Oct. 19, 2021 | ||
20-1539
|
Rivas-Villegas v. Cortesluna
Precedent involving an unarmed suspect and a noise complaint did not create clearly established law as to defendant's response to a domestic abuse situation with an armed suspect. |
Civil Rights |
|
P. Curiam (USSC) | Oct. 19, 2021 |
20-1668
|
City of Tahlequah v. Bond
Precedential decisions dismissing qualified immunity must be clearly established and so well-defined so that reasonable officers would know their conduct is unlawful based on the circumstances they are in. |
Civil Rights |
|
P. Curiam (USSC) | Oct. 19, 2021 |
21-35242
|
S.C. v. Lincoln County School District
A district court erroneously interpreted an administrative law judge's order regarding the Individuals with Disabilities Education Act. |
Education |
|
J. Rakoff | Oct. 19, 2021 |
20-1738
|
Yellen v. House of Representatives
Order |
|
Oct. 18, 2021 | ||
20-7609
|
King v. U.S.
Order |
|
Oct. 18, 2021 | ||
21-5017
|
Mondragon Garcia v. U.S.
Order |
|
Oct. 18, 2021 | ||
21-5046
|
Wilkins v. U.S.
Order |
|
Oct. 18, 2021 | ||
H044023
|
Modification: People v. Sumagang
Statements made post Miranda warning are excludable when facts support conclusion that questioning was one interrogation with a Miranda warning sandwiched in between. |
Criminal Law and Procedure |
|
M. Greenwood | Oct. 18, 2021 |
B304655
|
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 | Oct. 18, 2021 |
C089534
|
Janney v. CSAA Insurance Exchange
Because an insured was entitled to the lowest of three calculations, disputed facts related to a higher calculation were immaterial. |
Insurance |
|
A. Hoch | Oct. 18, 2021 |
D078852
|
The Travelers Indemnity Co. v. Navigators Specialty Insurance Co.
A trial court erroneously treated a legal allegation as a factual allegation for the purposes of a demurrer. |
Insurance |
|
J. Irion | Oct. 18, 2021 |
A158648
|
Gray v. Dignity Health
It is not unfair for hospitals to not disclose a billing that included an emergency room charge prior to providing emergency medical treatment. |
Health Care |
|
K. Banke | Oct. 15, 2021 |
C088045
|
People v. Kaihea
Gang-related evidence may be considered when determining if defendant killed in self-defense or heat of passion. |
Criminal Law and Procedure |
|
W. Murray | Oct. 15, 2021 |
D078112
|
Weeden v. Hoffman
In the context of protected activity, the litigation privilege defense can be raised against tort claims, but not breach of contract claims. |
Anti-SLAPP |
|
C. Aaron | Oct. 15, 2021 |
F079081
|
People v. Contreras
A trial court did not abuse its discretion in ordering a defendant to register as a sex offender because it was not required to explicitly find that the defendant was likely to reoffend. |
Criminal Law and Procedure |
|
M. Snauffer | Oct. 15, 2021 |
20-60046
|
In re: Berkovich
Debtor's state tax debts were nondischargeable because he failed to inform the California Franchise Tax Board of changes to his federal tax assessments. |
Bankruptcy |
|
C. Breyer | Oct. 15, 2021 |
S263588
|
Modification: Walker v. Superior Court (People)
Admission of hearsay evidence regarding nonpredicate offenses via expert evaluations at Sexually Violent Predator Act probable cause hearing prejudiced defendant. |
Criminal Law and Procedure |
|
M. Cuéllar | Oct. 15, 2021 |
D078848
|
People v. Smith
A trial court did not err in failing to instruct the jury sua sponte on a lesser included offense because no reasonably jury could conclude that the defendant was guilty of the lesser, but not the greater offense. |
Criminal Law and Procedure |
|
C. Aaron | Oct. 15, 2021 |
B308889
|
Mitchell v. Twin Galaxies
Donkey Kong record holder provided sufficient evidence for his defamation claim to survive an anti-SLAPP motion. |
Anti-SLAPP |
|
S. Ohta | Oct. 14, 2021 |