Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
19-35981
|
Center for Biological Diversity v. Haaland
Fish and Wildlife Service's 2017 Decision violated Administrative Procedure Act because reasoned explanation was warranted for change in position on whether Pacific walrus qualified as threatened species. |
Administrative Agencies |
|
A. Hurwitz | Jun. 4, 2021 |
18-56414
|
Tekoh v. County of Los Angeles
Order |
|
Jun. 4, 2021 | ||
19-15918
|
U.S. Bank v. Southern Highlands Community Association
Order |
|
Jun. 4, 2021 | ||
B297857
|
Modification: Larsen v. California Victim Compensation Board
Actual innocence finding coupled with later grant of habeas relief that results in permanent release of prisoner from custody requires Victim Compensation Board to recommend compensation without holding hearing. |
Criminal Law and Procedure |
|
Jun. 3, 2021 | |
B303413
|
People v. Castillo
Appellant's trial counsel had no affirmative duty in 1989 to research and advise appellant of actual immigration consequences of his plea. |
Criminal Law and Procedure |
|
M. Stratton | Jun. 3, 2021 |
C083537
|
Verizon California v. Board of Equalization
There was no 'dispute' regarding State Board of Equalization's tax assessments of plaintiff's properties because of their mutually agreed recommendations on value. |
Tax |
|
C. Blease | Jun. 3, 2021 |
A157205
|
People v. Lund
Trial court did not err by admitting expert testimony that relied on software using hash value data because that data was not offered for truth of matter asserted. |
Evidence |
|
T. Brown | Jun. 3, 2021 |
H047148
|
Applied Materials v. Workers' Comp Appeals Board
Worker's posttraumatic stress disorder due to alleged sexual exploitation by her treating physician was compensable as industrial injury as a consequence of medical treatment provided by her employer. |
Workers' Compensation |
|
P. Bamattre-Manoukian | Jun. 3, 2021 |
17-70845
|
Balerio Rubalcaba v. Garland
Immigration judge's discretion to reopen a case on his or her own motion is not limited by fact that noncitizen has previously been removed or departed. |
Immigration |
|
M. Murguia | Jun. 3, 2021 |
18-72451
|
Mazzei v. Commissioner of Internal Revenue
Tax Court erred in applying substance-over-form principles to effectively reverse congressional judgment and to disallow what Foreign Sales Corporation statute plainly allowed. |
Tax |
|
D. Collins | Jun. 3, 2021 |
20-6400
|
Sanders v. U.S.
Order |
|
Jun. 2, 2021 | ||
20-915
|
Unicolors Inc. v. H&M Hennes & Mauritz, L.P.
Order |
|
Jun. 2, 2021 | ||
20-783
|
Suncor Energy, Inc. v. Board of Commissioners of Boulder County
Order |
|
Jun. 2, 2021 | ||
20-884
|
Chevron Corp. v. San Mateo County, CA
Order |
|
Jun. 2, 2021 | ||
20-900
|
Shell Oil Products Co. v. Rhode Island
Order |
|
Jun. 2, 2021 | ||
19-1414
|
U.S. v. Cooley
Tribal police officers have authority to temporarily detain and search non-Indian persons traveling on public highways running through reservations for violations of state or federal law. |
Native American Affairs |
|
S. Breyer | Jun. 2, 2021 |
19-1155
|
Garland v. Ming Dai
Ninth Circuit's rule that in absence of explicit adverse credibility determination, petitioning alien's testimony must be deemed credible and true cannot be squared with Immigration and Nationality Act. |
Immigration |
|
N. Gorsuch | Jun. 2, 2021 |
B304344
|
Marriage of Emilie D.L.M. and Carlos C.
Family law court properly found ameliorative measures would be ineffective in reducing grave risk of harm to children because petitioner refused to acknowledge his excessive drinking or abusive behavior. |
Family Law |
|
A. Gilbert | Jun. 2, 2021 |
B308040
|
Bradley v. CVS Pharmacy, Inc.
Physician should have sought relief from California State Board of Pharmacy before filing suit and seeking injunction concerning pharmacy's denial of his prescriptions for controlled substances. |
Administrative Agencies |
|
E. Lui | Jun. 2, 2021 |
B298946
|
People v. Thomas
Although Penal Code Section 1170.95 did not apply to defendant because he was not yet sentenced, defendant may seek direct 'Estrada' relief by filing new trial motion to challenge legality of verdict. |
Criminal Law and Procedure |
|
S. Ohta | Jun. 2, 2021 |
H048548
|
Jensen v. Superior Court (People)
Defendant only provided speculation that district attorney's office leaked grand jury transcripts to press; thus, he failed to show conflict requiring disqualification. |
Criminal Law and Procedure |
|
A. Grover | Jun. 2, 2021 |
H048532
|
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. 2, 2021 |
D078211
|
General Atomics v. Superior Court (Green)
Defendant's petition for writ of mandate was granted because its wage statements showed the applicable hourly rates and the total number of hours worked at each. |
Employment Law |
|
P. Guerrero | Jun. 2, 2021 |
C088824
|
KCSFV I, LLC v. Florin County Water District
Defendants water-rate increase violated Section 6 of Article XIII D of California Constitution because it did not reasonably represent cost of providing service. |
Government |
|
R. Robie | Jun. 2, 2021 |
19-56297
|
Briseno v. Henderson
Under Federal Rule of Civil Procedure 23(e), courts must apply heightened scrutiny to post-class certification settlements in assessing whether division of funds between class members and counsel was fair and adequate. |
Remedies |
|
K. Lee | Jun. 2, 2021 |
19-35808
|
Kalispel Tribe of Indians v. U.S. Dept. of the Interior
Showing that additional gaming may be detrimental to some members of surrounding community, including Indian Tribe, does not dictate outcome of two step determination for authorizing off-reservation gaming. |
Native American Affairs |
|
M. Christen | Jun. 2, 2021 |
F080005
|
People v. Aleo
Defendant established that he was entitled to Penal Code Section 1170.95 relief regardless of defense counsel's concession that he was major participant; thus, court was required to issue order to show cause. |
Criminal Law and Procedure |
|
R. Peña | Jun. 1, 2021 |
B301746
|
Modification: Issakhani v. Shadow Glen Homeowners Assn.
Duty of care was not owed by landlord because rezoning ordinance that required certain number of parking spots was not designed to protect invitees from traffic accidents. |
Torts |
|
B. Hoffstadt | Jun. 1, 2021 |
B300167
|
People v. Graham
Request for 'pretrial diversion' under Penal Code Section 1001.36 is timely only if it is made prior to jury's verdict. |
statutory_interpretation |
|
B. Hoffstadt | Jun. 1, 2021 |
E073781
|
Leon v. County of Riverside
County was immune from liability for Sheriff's deputies' alleged negligence because their acts occurred in the course of an investigation. |
Torts |
|
R. Fields | Jun. 1, 2021 |