Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
20-72084
|
Regency Air v. Dickson
Change in theory sufficient to violate due process must turn on dispositive allegation or claim. |
Administrative Agencies |
|
R. Nelson | Jul. 2, 2021 |
S250218
|
People v. Valencia
Facts concerning particular events and participants alleged to have been involved in predicate offenses constitute case-specific facts that must be proved by independently admissible evidence. |
Criminal Law and Procedure |
|
C. Corrigan | Jul. 2, 2021 |
S119296
|
People v. Battle
Admission of defendant's statements regarding sword collection did not create undue prejudice because murder weapon was a knife, and statements were brief and in passing. |
Criminal Law and Procedure |
|
M. Cuéllar | Jul. 2, 2021 |
B308589
|
People v. Gonzales
There was no ex post facto violation when trial court vacated murder conviction under Penal Code Section 1170.95 and redesignated defendant's conviction to battery. |
Criminal Law and Procedure |
|
T. Willhite | Jul. 1, 2021 |
B304642
|
Belen v. Ryan Seacrest Productions
Under anti-SLAPP statute, illegal conduct must be based on defendant's concession or uncontroverted and conclusive evidence. |
Anti-SLAPP |
|
M. Stratton | Jul. 1, 2021 |
G059479
|
JP-Richardson v. Pacific Oaks
Arbitrator did not 'manifestly disregard' the law by relying on adverse inferences based on assertion of Fifth Amendment privilege in entering final award. |
Arbitration |
|
K. O'Leary | Jul. 1, 2021 |
G059331
|
Medina v. Superior Court (People)
Petitioner was denied treatment to which he was legally entitled--and the ability to accrue time toward the maximum commitment period--because providers of services had not fulfilled their obligations. |
Criminal Law and Procedure |
|
R. Fybel | Jul. 1, 2021 |
F078400
|
Modification: Moreno v. Bassi
When Labor Code Section 1194 and Code of Civil Procedure Section 1031 overlap, Labor Code Section 1194 controls because it is more specific and its attorney fees provision is more recently enacted. |
statutory_interpretation |
|
D. Franson | Jul. 1, 2021 |
20-55951
|
Flores v. Garland
District court order enjoining Department of Homeland Security from detaining certain minors in hotels for more than few days in process of expelling them from country was affirmed. |
Immigration |
|
M. Berzon | Jul. 1, 2021 |
20-55607
|
Schoenberg v. Federal Bureau of Investigation
District court properly found that government's withholding of information relating to Freedom of Information Act request was reasonable and disfavored awarding attorney's fees. |
Attorneys |
|
R. Nelson | Jul. 1, 2021 |
A159031
|
People v. Gonsalves
Defendant's probation condition forbidding him from associating with persons known to him to have 'criminal record' is impermissibly vague because it may include record of arrest resulting in no charge or conviction. |
Criminal Law and Procedure |
|
C. Fujisaki | Jul. 1, 2021 |
G058331
|
Linovitz Capo Shores LLC v. California Coastal Commission
In order to remodel structures, owners of mobilehomes located in coastal zones are required to obtain permits from both Department of Housing and Community Development and California Coastal Commission. |
Administrative Agencies |
|
D. Thompson | Jun. 30, 2021 |
B302137
|
Pasternack v. McCullough
Trial court did not err in applying hourly rates to its lodestar analysis that exceeded hourly rate actually paid. |
Attorneys |
|
T. Bigelow | Jun. 30, 2021 |
E075333
|
In re A.C.
Order terminating father's parental rights not prejudicial where father never claimed Indian ancestry at any point of process. |
Juveniles |
|
M. Ramirez | Jun. 30, 2021 |
G058480
|
Levanoff v. Dragas
Employer did not violate California law by using rate-in-effect method for calculating regular rate of pay for purposes of establishing overtime rate of pay for dual rate employees. |
Employment Law |
|
R. Fybel | Jun. 30, 2021 |
19-1039
|
PennEast Pipeline Co. v. New Jersey
Section 717f(h) of Natural Gas Act authorizes Federal Energy Regulatory Commission certificate holders to condemn all necessary rights-of-way, whether owned by private parties or States. |
Constitutional Law |
|
J. Roberts | Jun. 30, 2021 |
19-897
|
Johnson v. Guzman Chavez
Aliens subject to reinstated orders of removal are governed by 8 U.S.C. Section 1231, not Section 1226, and are thus not entitled to bond hearings while they pursue withholding of removal. |
Immigration |
|
S. Alito | Jun. 30, 2021 |
20-440
|
Minerva Surgical, Inc. v. Hologic, Inc.
Assignor estoppel only applies when assignor's claim of invalidity controverts representations assignor made in assigning patent. |
Patent Law |
|
E. Kagan | Jun. 30, 2021 |
C090439
|
People v. Presley
Defendant's commitment as sexually violent predator was not erroneous because experts' testimony drew on multiple sources of information, not solely case-specific facts. |
Criminal Law and Procedure |
|
H. Hull | Jun. 30, 2021 |
G058873
|
Modification: Sales v. City of Tustin
Trial court incorrectly found that 30-day safe harbor to refile state law claims afforded by 28 U.S.C. Section 1367(d) began to run from date of district court's judgment, rather than after appeal. |
Civil Procedure |
|
T. Goethals | Jun. 30, 2021 |
20-50010
|
U.S. v. Melgar-Diaz
Statute that punishes any alien who 'enters United States at any time or place other than as designated by immigration officers' is not unconstitutional delegation of legislative power. |
Constitutional Law |
|
D. Bress | Jun. 30, 2021 |
B294181
|
Swanson v. The Marley-Wylain Co.
Judgment was reversed and remanded for new trial because trial court improperly instructed jury on Michigan law and that error was prejudicial. |
Civil Procedure |
|
V. Chaney | Jun. 29, 2021 |
A159105
|
People v. Bradley
Evidence relevant to 'People v. Clark' factors was sufficient to establish that defendant's acted with reckless indifference to human life required for felony-murder conviction. |
Criminal Law and Procedure |
|
S. Margulies | Jun. 29, 2021 |
A158062
|
Goals for Autism v. Rosas
Under Code of Civil Procedure Section 527.8(o), trial courts are not required to grant respondents continuance once they have responded to petition for restraining order. |
statutory_interpretation |
|
V. Rodriguez | Jun. 29, 2021 |
H048532
|
Modification: Schumb v. Superior Court (People)
Trial court abused its discretion in denying defendant's motion to disqualify Santa Clara County District Attorney's Office from prosecuting his case because of his friendship with elected District Attorney. |
Criminal Law and Procedure |
|
A. Grover | Jun. 29, 2021 |
B305655
|
People v. Ruggerio
A judgment imposing but suspending execution of a sentence is not final for purposes of S.B. 136 retroactivity. |
Criminal Law and Procedure |
|
M. Tangeman | Jun. 29, 2021 |
A158793
|
Modification: Gateway Bank, F.S.B. v. Metaxas
Any decision to mitigate damages under special benefit doctrine is to the extent that it equitable; thus, defendant's conduct dictated against exercise of equitable discretion in her favor. |
Remedies |
|
J. Richman | Jun. 29, 2021 |
20-391
|
Lombardo v. St. Louis
Appellate court described as 'insignificant' facts that appear potentially important in ruling that officers did not apply unconstitutionally excessive force. |
Criminal Law and Procedure |
|
P. Curiam | Jun. 29, 2021 |
20-1212
|
Pakdel v. City and County of San Francisco
Appellate court's approach that conclusive decision is not 'final' unless plaintiff also complied with administrative processes in obtaining that decision is inconsistent with ordinary operation of civil-rights suits. |
Constitutional Law |
|
P. Curiam (USSC) | Jun. 29, 2021 |
20-645
|
Standing Akimbo, LLC v. U.S.
Order |
|
Jun. 29, 2021 |