Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
D076968
|
Grabowski v. Kaiser Foundation Health Plan, Inc.
Arbitrator's ex parte communication with opposing counsel showed his bias against plaintiff and his failure to disclose this communication was grounds to vacate arbitration award. |
Arbitration |
|
P. Guerrero | May 11, 2021 |
H046395
|
People v. Nunes
Persistent odor of unspecified smoke did not allow for warrantless search of cabinet within shed in backyard under exigent circumstances exception to Fourth Amendment. |
Criminal Law and Procedure |
|
A. Grover | May 10, 2021 |
G059433
|
In re Ma.V.
Juvenile court's jurisdictional order was not supported by substantial evidence because it relied on past conduct instead of current circumstances. |
Dependency |
|
K. O'Leary | May 10, 2021 |
19-55810
|
D.D. v. Los Angeles Unified School District
Order |
|
May 10, 2021 | ||
A158423
|
People v. Walker
Reckless driving is not lesser included offense of felony evasion of police officer. |
Criminal Law and Procedure |
|
M. Simons | May 10, 2021 |
G058088
|
Alper v. Rotella
Plaintiffs could not vacate arbitration award based on arbitrator's alleged impairment because they did not make timely demand to disqualify him before conclusion of hearing. |
Arbitration |
|
E. Moore | May 7, 2021 |
H048353
|
People v. Magana
Letter from California Department of Corrections and Rehabilitation must reference court's authority to recall defendant's sentence under Penal Code Section 1170(d)(1). |
Criminal Law and Procedure |
|
S. Cogliati | May 7, 2021 |
19-72854
|
Route v. Garland
Micronesian citizen was subject to removal for committing crime of moral turpitude despite his ability to enter, reside, and work in U.S. under US-FSM Compact of Free Association. |
Immigration |
|
M. Smith | May 7, 2021 |
20-15591
|
Howard Jarvis Taxpayers Association v. California Secure Choice Retirement Savings Program
CalSavers is not preempted by Employee Retirement Income Security Act because CalSavers is maintained by the State not by employers. |
Constitutional Law |
|
D. Bress | May 7, 2021 |
19-35829
|
Branham v. State of Montana
Defendant's habeas corpus petition was dismissed because his application for review of his sentence by Sentence Review Division of Montana Supreme Court was a form of collateral review, making his petition untimely. |
Criminal Law and Procedure |
|
E. Miller | May 7, 2021 |
19-35351
|
2-Bar Ranch Limited Partnership v. U.S. Forest Service
US Forest Service's regulations were consistent with plain language of 2009 Forest Plan and plaintiffs were not entitled to attorney's fees. |
Administrative Agencies |
|
M. Berzon | May 7, 2021 |
B295086
|
Assn. for Los Angeles Deputy Sheriffs v. Macias
Association has standing to seek monetary damages on behalf of its members if every member was affected and association has representational responsibility. |
Remedies |
|
E. Grimes | May 6, 2021 |
C085712
|
Alliance For Responsible Planning v. Taylor
County's proposed amendments to County General Plan were unconstitutional because they exceeded rough proportionality between state's interest and costs of developers' projects. |
Government |
|
H. Hull | May 6, 2021 |
19-17043
|
Nationstar Mortgage v. Saticoy Bay
Authority delegated to federal loan service provider in protecting previous homeowner's mortgage loan was sufficient in invoking Federal Foreclosure Bar. |
Real Property |
|
L. VanDyke | May 6, 2021 |
B300557
|
Tri-Counties Association v. Ventura County Public Guardian
Administrative law judge did not have to defer to Regional Center's evaluation because Department of Developmental Services-appointed ALJs are tasked with overseeing Regional Center's assessments. |
Administrative Agencies |
|
S. Perren | May 6, 2021 |
C093006
|
Newsom v. Superior Court (Gallagher)
Superior court erred in interpreting Emergency Services Act to prohibit Governor from issuing quasi-legislative orders in an emergency. |
Government |
|
V. Raye | May 6, 2021 |
C090304
|
Dow v. Honey Lake Valley Resource Conservation Dist.
Irrigation Company may simultaneously exercise its rights to divert and store water, as provided in paragraph 21 exception of Susan River Water Right Decree. |
Water Rights |
|
R. Robie | May 5, 2021 |
B292672
|
Martinez v. Rite Aid Corporation
In plaintiff's wrongful termination action, post-termination earnings should have been deducted from her past economic loss award. |
Remedies |
|
M. McCormick | May 5, 2021 |
C091715
|
People v. Steward
Legislation that addresses length of commitment terms for NGI committees does not amend Proposition 36 because Proposition 36 deals with prison sentences for criminal defendants. |
Criminal Law and Procedure |
|
A. Hoch | May 5, 2021 |
A159139
|
The Sonoma Land Trust v. Thompson
Trial court did not abuse its discretion in awarding attorney's fees based on partial contingent risk. |
Attorneys |
|
G. Burns | May 5, 2021 |
A153494
|
People v. Joseph
No ex post facto violation where prosecution established existence of conspiracy to commit human trafficking before and after effective date of statute. |
statutory_interpretation |
|
B. Seligman | May 5, 2021 |
A160541
|
Grados v. Shiau
Default judgment rendered void because award of earn-out payment exceeded constitutionally allowable maximum interest rate of 10 percent. |
Civil Procedure |
|
I. Petrou | May 5, 2021 |
B300528
|
Kracke v. City of Santa Barbara
Local coastal governmental entities cannot institute changes to public access to coastal zone without first obtaining coastal development permit or certified local coastal program. |
Government |
|
S. Perren | May 5, 2021 |
19-72090
|
Gonzalez-Veliz v. Garland
There was no abuse in discretion in immigration judge's decision to deem petitioner's application abandoned. |
Immigration |
|
E. Siler | May 5, 2021 |
20-55295
|
Lemmon v. Snap, Inc.
Social media provider not entitled to immunity under Communications Decency Act because plaintiffs sought to hold provider liable for negligent design and did not treat provider as publisher or speaker. |
Immunity |
|
K. Wardlaw | May 5, 2021 |
C079181
|
People v. Powell
A person can also be culpable of implied malice murder on an aiding and abetting theory. |
Criminal Law and Procedure |
|
W. Murray | May 4, 2021 |
G055748
|
Nissan Motor Acceptance Cases
Based on scope of juror's nondisclosures and implausibility of some of her explanations, trial court reasonably could infer her omissions concealed state of mind that prevented her from being impartial juror. |
Torts |
|
R. Aronson | May 4, 2021 |
B301746
|
Issakhani v. Shadow Glen Homeowners Assn., Inc.
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 | May 4, 2021 |
B302236
|
People v. Gray
Admission of bodycam footage containing excited utterance by unavailable declarant did not violate due process in probation violation hearing. |
Evidence |
|
B. Hoffstadt | May 4, 2021 |
B305546
|
Rosales v. Uber Technologies, Inc.
A plaintiff cannot be compelled to arbitrate disputes in a PAGA claim because the State was not a party to the arbitration agreement. |
Employment Law |
|
E. Grimes | May 4, 2021 |