Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
A159320
|
California Renters Legal Advocacy and Education Fund v. City of San Mateo
A city's housing development guidelines did not qualify as objective standards under the Housing Accountability Act because linguistic ambiguities left much to the discretion of elected officials. |
Government |
|
A. Tucher | Sep. 14, 2021 |
C090014
|
People v. Bharth
There was no confrontational right violation when the court allowed a victim suffering from trauma to turn her chair away from defendant to complete the victim's testimony. |
Criminal Law and Procedure |
|
E. Duarte | Sep. 14, 2021 |
B312605
|
Dr. V. Productions, Inc. v. Rey
Order |
|
Sep. 14, 2021 | ||
21-55085
|
In Re Grand Jury
The 'primary purpose' test governs attorney-client privilege rather than the 'because of' test. |
Attorneys |
|
K. Lee | Sep. 14, 2021 |
19-16960
|
Warmenhoven v. NetApp, Inc.
Promises made in Powerpoint presentations did not create an ERISA plan and violation of plan administrator's duties under Section 1104(a)(1) does not require a showing of intentional deceit. |
Employment Law |
|
G. Feinerman | Sep. 14, 2021 |
D076919
|
People v. Haro
Because a defendant did not have fair notice, the trial court erred in imposing a 20-kilogram weight enhancement that was not pleaded. |
Criminal Law and Procedure |
|
C. Aaron | Sep. 13, 2021 |
B302988
|
Wesson v. Staples the Office Superstore, LLC
Trial courts have inherent authority to ensure that PAGA claims will be manageable at trial and may strike unmanageable claims. |
Employment Law |
|
N. Manella | Sep. 13, 2021 |
C088883
|
People v. Henderson
A belief that the criminal-justice system is unfair to African-Americans is an insufficient basis to disqualify a juror unless other evidence shows that the juror will have difficulty being impartial. |
Criminal Law and Procedure |
|
W. Murray | Sep. 13, 2021 |
E073926
|
Albrecht v. County of Riverside
Possessory interest tax imposed by the county and others on Native American tribes was not preempted by the Indian Reorganization Act. |
Native American Affairs |
|
R. Fields | Sep. 13, 2021 |
18-99009
|
Jurado v. Davis
A videotape proffered by defendant purportedly showing his remorse was properly excluded because there was no substantial evidence of trustworthiness or reliability. |
Criminal Law and Procedure |
|
S. Thomas | Sep. 13, 2021 |
13-73719
|
Diaz-Rodriguez v. Garland
A non-citizen defendant was not removable under a child endangerment statute because the statute criminalized conduct that fell short of the generic definition of child abuse. |
Immigration |
|
P. Watford | Sep. 13, 2021 |
16-99010
|
Ervin v. Davis
Rejecting defendant's claim of racially-motivated peremptory strikes was unreasonable because the district court ignored relevant factors. |
Criminal Law and Procedure |
|
J. Owens | Sep. 13, 2021 |
19-16483
|
Hodges v. Comcast
Complaint seeking injunctive relief for Comcast cable subscribers did not implicate the *McGill* rule because it did not seek public injunctive relief. |
Arbitration |
|
D. Collins | Sep. 13, 2021 |
G059134
|
Marriage of Pletcher
The trial court erred when it calculated pendent lite spousal support based on one abnormally high year of income. |
Family Law |
|
L. Marks | Sep. 13, 2021 |
S252796
|
Sandoval v. Qualcomm Inc.
A party who fully and effectively delegates work to a contractor owes no tort duty to that contractor's workers. |
Torts |
|
M. Cuéllar | Sep. 10, 2021 |
A158323
|
Modification: Alameda County Waste Management Authority v. Waste Connections US, Inc.
Local governments may inspect and copy landfill records without having to prove as a factual matter necessity for the records. |
Utilities |
|
T. Stewart | Sep. 10, 2021 |
A154922
|
Vasquez v. Dept. of Pesticide Regulation
Department of Pesticide Regulation's township cap program, governing yearly pesticide use, was an underground regulation that required replacement through formal rulemaking. |
Government |
|
J. Humes | Sep. 10, 2021 |
19-55882
|
Bell v. Wilmot Storage Services
The de minimis exception to copyright infringement applies to the substantial similarity element, rather than to the extent that defendant displays infringing material. |
Copyright |
|
K. Wardlaw | Sep. 10, 2021 |
18-72318
|
Etemadi v. Garland
An immigration judge clearly erred when discounting evidence that applicant had become a Christian. |
Immigration |
|
D. Boggs | Sep. 10, 2021 |
18-73237
|
Benedicto v. Garland
Procedural safeguards from an immigration judge protected a mentally incompetent petitioner's due process rights. |
Immigration |
|
L. VanDyke | Sep. 10, 2021 |
B300017
|
Hudson v. Foster
In setting aside an order approving conservator's account based on extrinsic fraud, conservatees are not required to establish that the fraud was undiscoverable prior to approval of the account. |
Conservatorship |
|
C. Moor | Sep. 9, 2021 |
18-36083
|
Chavez v. Robinson
Because defendant's statements were not used against him in a criminal case, defendant could not bring a civil action for damages against the government. |
Criminal Law and Procedure |
|
S. Ikuta | Sep. 9, 2021 |
20-50257
|
U.S. v. Green
When defendant visited a pornographic website, he violated the terms of his supervised released that forbade him from patronizing any place where sexually explicit materials are the primary material available. |
Criminal Law and Procedure |
|
C. Callahan | Sep. 9, 2021 |
19-72744
|
Alam v. Garland
In light of the REAL ID Act, adverse credibility determinations require consideration of the totality of the circumstances, replacing the previous "single factor rule." |
Immigration |
|
S. Thomas | Sep. 9, 2021 |
F080837
|
Modification: People v. Perez
Superior court has discretionary authority, after considering totality of circumstances, to deem to Penal Code Section 1473.7 motion timely even if moving party did not act with reasonable diligence. |
Criminal Law and Procedure |
|
D. Franson | Sep. 9, 2021 |
20-1285
|
In re James Christopher Patow
Documents executed by a trust beneficiary, which purported to waive his interest under the trust, constituted a valid disclaimer. |
Bankruptcy |
|
S. Gan | Sep. 8, 2021 |
20-1045
|
In re Gabino F.A. Duran
Dismissals in bankruptcy cases trigger a Bankruptcy Code Section 349(a) issue whether 'cause' exists to order that dismissal be with prejudice. |
Bankruptcy |
|
C. Klein | Sep. 8, 2021 |
20-1161
|
In re Sherrie Nicole Lockhart- Johnson
Bankruptcy court should allow complaint to be amended where creditor filed within deadline and amended claim, based on same conduct, could relate to original complaint's date. |
Bankruptcy |
|
S. Gan | Sep. 8, 2021 |
18-72692
|
Iraheta-Martinez v. Garland
Because a non-citizen became an adult who no longer needed to live with his abusive father, he would not be persecuted in the future due to 'changed circumstances.' |
Immigration |
|
G. Feinerman | Sep. 8, 2021 |
19-17373
|
Csutoras v. Paradise High School
Department of Education's suggestions for preventing harassment of disabled students are not binding precedent in disability discrimination suits for monetary damages. |
Disability Discrimination |
|
L. VanDyke | Sep. 8, 2021 |