Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
G058168
|
People v. Horn
Physical condition of defendant is relevant factor in determining whether his belief in need for self-defense was reasonable. |
Criminal Law and Procedure |
|
W. Bedsworth | May 3, 2021 |
B302558
|
Ratcliff v. The Roman Catholic Archbishop of Los Angeles
Defendant's anti-SLAPP motion was properly denied because plaintiffs used defendant's pending civil action and investigation to show defendant's ratification of tortious conduct. |
Anti-SLAPP |
|
L. Rubin | May 3, 2021 |
B296121
|
Billesbach v. Specialized Loan Servicing LLC
Where mortgage servicer's Homeowner Bill of Rights violations stem from its failure to communicate with borrower before recording notice of default, servicer may cure violations. |
statutory_interpretation |
|
N. Manella | May 3, 2021 |
B303182
|
Verceles v. Los Angeles Unified School Dist.
Trial court erred in finding plaintiff's causes of action relating to school district's decision to terminate his employment for alleged misconduct arose from protected activity under anti-SLAPP statute. |
Civil Procedure |
|
D. Perluss | May 3, 2021 |
A159194
|
People v. McInnis
Imposing three consecutive terms of life imprisonment 'out of an abundance of caution' for possibility of appellate relief, was inappropriate basis to impose consecutive rather than concurrent terms. |
Criminal Law and Procedure |
|
M. Miller | May 3, 2021 |
C090172
|
People v. Thomas
Trial court did not err when it allowed propensity evidence from co-defendant to show defendant had a propensity to commit child abuse. |
Evidence |
|
R. Robie | Apr. 30, 2021 |
19-863
|
Niz-Chavez v. Garland
A notice to appear that is sufficient to trigger the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 'stop-time rule' must be a single detailed document. |
Immigration |
|
N. Gorsuch | Apr. 30, 2021 |
19-56368
|
Goffney v. Becerra
Department of Health and Human Services interpretation of 'enrollment application' of 42 C.F.R. Section 424.520(d) merited deference because agency's interpretation represented authoritative statement of agency, and implicated their expertise. |
Administrative Agencies |
|
E. Miller | Apr. 30, 2021 |
19-10300
|
U.S. v. Quintero
District court is mandated to commit mentally incompetent defendants to custody of Attorney general for treatment, without discretion for court to order particular treatment. |
Criminal Law and Procedure |
|
J. Bybee | Apr. 30, 2021 |
19-71979
|
League of United Latin American Citizens v. Regan
Environmental Protection Agency lacked power to deny 2007 petition asking EPA to prohibit foods containing insecticide chlorpyrifos, without first making the federally required safety findings. |
Environmental Law |
|
J. Rakoff | Apr. 30, 2021 |
S122611
|
People v. Steskal
Defendant not entitled to voluntary manslaughter after shooting Orange County Sheriff's Deputy 30 times and killing him because Defendant's delusional perceptions of threats were unsubstantiated. |
Criminal Law and Procedure |
|
L. Kruger | Apr. 30, 2021 |
G058040
|
People v. Orey
Substantial evidence supported finding that defendant qualified for commitment as sexually violent predator. |
Criminal Law and Procedure |
|
R. Fybel | Apr. 29, 2021 |
A160360
|
Antonopoulos v. Mid-Century Insurance Co.
Triable issue of material fact existed as to insurance company's duty to cover plaintiffs' losses incurred during policy lapse because there was no proof reinstatement was retroactive. |
Insurance |
|
J. Richman | Apr. 29, 2021 |
A159207
|
People v. James
Senate Bill No. 1437 is an act of lenity that does not implicate defendant's Sixth Amendment right to jury trial. |
statutory_interpretation |
|
S. Pollak | Apr. 29, 2021 |
C091889
|
People v. Latten
Separate entries of different buildings are divisible conduct where intent to enter each building located on same property is independent of other entries. |
statutory_interpretation |
|
R. Robie | Apr. 29, 2021 |
19-30213
|
U.S. v. Door
District court erred by not requiring government to prove defendant's knowledge of his convicted felon status, but error had no effect on judgment because of defendant's extensive criminal history. |
statutory_interpretation |
|
J. Bybee | Apr. 29, 2021 |
19-70334
|
SEIU Local 87 v. National Labor Relations Board
Employees were engaged in lawful picketing because combination of their picket signs and leaflets clearly disclosed their dispute was with their primary employer and not neutral third party. |
Administrative Agencies |
|
P. Watford | Apr. 29, 2021 |
17-55456
|
Gibbs v. Covello
Defendants' confrontation rights were not violated when unavailable witness' preliminary hearing testimony was read to jury because defendants had opportunity to cross-examine witness during preliminary hearing. |
Criminal Law and Procedure |
|
E. Miller | Apr. 29, 2021 |
19-17088
|
Navajo Nation v. U.S. Dept. of the Interior
Indian tribe successfully identified specific treaty, statutory, and regulatory provisions that, taken together, anchored its breach of trust claim. |
Native American Affairs |
|
R. Gould | Apr. 29, 2021 |
20-55106
|
California Trucking Association v. Bonta
AB-5 does not bind, compel, or otherwise freeze into place particular price, route, or service of motor carrier; thus, it is not preempted by Federal Aviation Administration Authorization Act. |
Constitutional Law |
|
S. Ikuta | Apr. 29, 2021 |
153, Orig.
|
Texas v. California
Order |
|
Apr. 28, 2021 | ||
20-746
|
South Bay Pentecostal v. Newsom
Order |
|
Apr. 28, 2021 | ||
20-804
|
Houston Community College System v. Wilson
Order |
|
Apr. 28, 2021 | ||
20-827
|
U.S. v. Zubaydah
Order |
|
Apr. 28, 2021 | ||
20-843
|
New York State Rifle v. Corlett
Order |
|
Apr. 28, 2021 | ||
B303100
|
Modification: Wexler v. California Fair Plan Association
Daughter of named insureds could not sue for bad faith because she had no contractual relationship with California FAIR Plan Association. |
Insurance |
|
J. Wiley | Apr. 28, 2021 |
A158662
|
Oakland Police Officers' Assn. v. City of Oakland
Under Public Safety Officers Procedural Bill of Rights Section 3303(g), investigating agency's disclosure obligations should be guided by whether agency designates otherwise discoverable materials as confidential. |
Criminal Law and Procedure |
|
G. Sanchez | Apr. 28, 2021 |
B297995
|
Loomis v. Amazon.com LLC
Trial court erroneously granted summary adjudication in favor of Amazon on strict liability claim based on stream of commerce approach. |
Torts |
|
S. Ohta | Apr. 28, 2021 |
16-10388
|
U.S. v. Figueroa-Beltran
Under modified categorical approach, possession of cocaine with intent to sell was drug trafficking offense warranting sixteen-level enhancement under sentencing guidelines. |
Criminal Law and Procedure |
|
J. Rawlinson | Apr. 28, 2021 |
20-35391
|
State of Washington v. U.S. Dept. of State
Congress precluded judicial review of both designation and undesignation of items as defense articles under International Security Assistance and Arms Export Control Act of 1976. |
Administrative Agencies |
|
R. Nelson | Apr. 28, 2021 |