Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
D077133
|
Usher v. White
Company owner's summary judgment motion was properly granted because she was not personally involved in company's decision to classify plaintiffs as independent contractors. |
Labor Law |
|
P. Benke | Jun. 1, 2021 |
20-15651
|
Rivera v. CCA
Rational jury could find that private prison caused inmate's prolonged detention by failing to notify Marshals of his continued detention without hearing and by preventing him from seeking outside help. |
Civil Rights |
|
J. Nguyen | Jun. 1, 2021 |
15-72947
|
Vazquez Romero v. Garland
Government may parole returning lawful permanent resident into United States for prosecution without proving at border that petitioner is seeking admission. |
Immigration |
|
S. Ikuta | Jun. 1, 2021 |
19-16184
|
Magadia v. Wal-Mart Associates
Plaintiff lacked Article III standing to seek Private Attorneys General Act claim for meal-break violations because he was uninjured party suing on behalf of other employees. |
Labor Law |
|
P. Bumatay | Jun. 1, 2021 |
19-56000
|
Terry v. Saul
Social Security Administration's interpretation of 'medium work' can be imputed to qualified vocational experts because experts in the field are presumptively aware of the term. |
statutory_interpretation |
|
C. Callahan | Jun. 1, 2021 |
D076524
|
All of Us or None etc. v. Hamrick
Superior court permitting public to search its electronic court index by inputting criminal defendants' known date of birth and driver's license number constitutes violation of California Rules of Court Rule 2.507. |
Constitutional Law |
|
C. Aaron | May 28, 2021 |
20-334
|
San Antonio v. Hotels.com, L. P.
Courts of appeals have discretion to apportion all appellate costs covered by Federal Rule of Appellate Procedure Rule 39 and district courts cannot alter that allocation. |
Civil Procedure |
|
S. Alito | May 28, 2021 |
C090980
|
Arriagarazo v. BMW of North America, LLC
Offer to compromise under Code of Civil Procedure Section 998 must make clear of any intention to stray from usual path of entry of judgment. |
Civil Procedure |
|
P. Krause | May 28, 2021 |
A156044
|
People v. Tousant
Defendant's motion to suppress evidence from warrantless search of his vehicle was properly denied because vehicle was in close proximity to shooting, parked in haphazard way, and residents did not recognize it. |
Criminal Law and Procedure |
|
T. Stewart | May 28, 2021 |
S250108
|
People v. Lemcke
Jury instruction listing eyewitness certainty as factor for jury to consider in evaluating eyewitness identification did not violate due process because defendant used expert testimony to combat inference that witness certainty means accuracy. |
Criminal Law and Procedure |
|
J. Groban | May 28, 2021 |
S255839
|
In re Caden C.
Parent is not required to show progress in addressing issues, such as drug abuse, to establish parental-benefit exception to Welfare and Institutions Code Section 366.26 |
Juveniles |
|
M. Cuéllar | May 28, 2021 |
20-50157
|
United States v. Holiday
District court erred by denying defendant's suppression motion but error was harmless due to strength of other evidence such as defendant's DNA and robbery handgun. |
Criminal Law and Procedure |
|
M. Smith | May 28, 2021 |
C086205
|
Lion Raisins v. Ross
Trial court correctly determined Raisin Bargaining Association was marketing association and therefore authorized to bloc vote under Food and Agricultural Code Section 58999. |
Administrative Agencies |
|
P. Krause | May 27, 2021 |
19-73124
|
Dawson v. Garland
Board of Immigration Appeals properly denied petitioner's application for deferral of removal under Convention Against Torture because petitioner's circumstances changed significantly after Jamaican court issued protection order. |
Immigration |
|
K. Vratil | May 27, 2021 |
G058289
|
White v. Molfetta
There was no credible evidence of emotional distress resulting from attorney's two-year delay in returning plaintiff's criminal case file so that he could file federal habeas petition. |
Torts |
|
W. Bedsworth | May 26, 2021 |
A160731
|
Pillar Project AG v. Payward Ventures, Inc
In absence of agency relationship between plaintiff and third party, plaintiff was not compelled to arbitrate as a result of third party's agreement to defendant's Terms of Service. |
Arbitration |
|
M. Simons | May 26, 2021 |
A160209
|
People v. Escareno
Applying Vehicle Code Section 41500(a) to defendant being prosecuted in single action for felony and nonfelony offenses arising out of single incident would not further Legislature's purpose in that section. |
Criminal Law and Procedure |
|
J. Kline | May 26, 2021 |
D077314M
|
Modification: Felczer v. Apple
Postjudgment interest on award of prejudgment costs begins to run on date of judgment or order that establishes right of party to recover particular cost item, even if dollar amount hasn't been determined. |
Remedies |
|
W. Dato | May 26, 2021 |
A160929
|
In re Daniel F.
Father was entitled to evidentiary hearing on his Welfare and Institutions Code Section 388 petition because agency had to give him notice and opportunity to change his paternity status before terminating parental rights. |
Dependency |
|
C. Fujisaki | May 26, 2021 |
F079014
|
People v. Oneal
Whether court may consider report prepared in relation to defendant's insanity plea when evaluating defendant's eligibility for mental health diversion ultimately turns on relevance of report. |
Criminal Law and Procedure |
|
J. Detjen | May 26, 2021 |
B296287
|
Aghaian v. Minassian
Defendant was precluded from seeking appellate review of inconvenient forum issue because appellate court previously ruled on that issue. |
Civil Procedure |
|
T. Bigelow | May 26, 2021 |
A157966
|
Reck v. FCA US LLC
In public interest litigation with mandatory fee shifting statute, it is error for trial court to reduce attorney fees on basis of plaintiff's failure to settle when ultimate recovery exceeds Section 998 offer. |
Civil Procedure |
|
G. Sanchez | May 26, 2021 |
C088852
|
People v. Aguirre
Public agency may be sanctioned under Code of Civil Procedure Section 177.5 for failing to show good cause for violating a court order. |
Civil Procedure |
|
E. Duarte | May 26, 2021 |
F078964
|
People v. Valencia
Appellant's rehabilitative progress in prison did not constitute good cause to permit untimely and successive petition for recall of sentence pursuant to Three Strikes Reform Act of 2012. |
Criminal Law and Procedure |
|
J. Detjen | May 26, 2021 |
D077956
|
In re N.A.
In order to reenter dependency system, nonminor former dependent must have validly received financial aid at time she turned 18. |
Juveniles |
|
C. Aaron | May 25, 2021 |
E074386
|
Best v. Ocwen Loan Servicing, LLC
Defendants' actions in connection with foreclosing on plaintiff's deed of trust was actionable under Rosenthal Act because non-judicial foreclosure is debt collection by debt collector which triggers Rosenthal Act. |
Real Property |
|
M. Ramirez | May 25, 2021 |
Paterra v. Hansen
Defendant's default judgment was set aside because plaintiff's amended complaint made material changes which required her to serve notice on defendant's predecessor. |
Civil Procedure |
|
J. Haller | May 25, 2021 | |
B307389
|
Los Angeles Unified School Dist. v. Superior Court (Jane Doe)
Treble damages under Code of Civil Procedure Section 340.1 is primarily punitive and prohibited against public entity under Government Code Section 818. |
Remedies |
|
A. Egerton | May 25, 2021 |
20-382
|
Guam v. United States
Parties may seek contribution under Comprehensive Environmental Response, Compensation, and Liability Act only after settling CERCLA-specific liability. |
Environmental Law |
|
C. Thomas | May 25, 2021 |
20-437
|
United States v. Palomar-Santiago
When collaterally challenging underlying deportation orders, first two requirements are not satisfied just because noncitizen was removed for offense that should not have rendered him removable. |
statutory_interpretation |
|
S. Sotomayor | May 25, 2021 |