| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B307061
|
In re Rashad D.
Parent must appeal not only from jurisdiction finding and disposition order but also from orders terminating jurisdiction and modifying parent's prior custody status for appellate court to provide effective relief. |
Dependency |
|
D. Perluss | Apr. 21, 2021 |
|
G059216
|
Speier v. The Advantage Fund, LLC
Because arbitrator did not fail to make required disclosure, trial court did not err by confirming arbitration award. |
Arbitration |
|
R. Fybel | Apr. 21, 2021 |
|
A161687
|
In re Murray
Penal Code Section 3051 does not violate equal protection by affording juveniles sentenced to life without possibility of parole youth offender parole hearing but denying that hearing to youthful LWOP offenders. |
statutory_interpretation |
|
J. Richman | Apr. 21, 2021 |
|
A159088
|
Modification: People v. Abelino
Person of ordinary prudence could have entertained reasonable suspicion that mayhem, battery, and assault were natural and probable consequences of target crime of riot. |
Criminal Law and Procedure |
|
T. Brown | Apr. 21, 2021 |
|
19-15169
|
City of Oakland v. Wells Fargo & Company
Order |
|
Apr. 21, 2021 | ||
|
19-16975
|
Golub v. Gigamon
'Omnicare' standards for pleading falsity of opinion apply to claims arising under Section 14(a) of Securities Exchange Act, as implemented by Securities Exchange Commission Rule 14a-9. |
Securities |
|
K. Wardlaw | Apr. 21, 2021 |
|
19-56347
|
Ironhawk Technologies v. Dropbox
There was genuine dispute of material fact as to likelihood of consumer confusion under reverse confusion theory of infringement. |
Intellectual Property |
|
M. Smith | Apr. 21, 2021 |
|
A158342
|
People v. Secrease
Prior felony-murder special-circumstance finding does not bar Penal Code Section 1170.95 relief. |
Criminal Law and Procedure |
|
J. Streeter | Apr. 21, 2021 |
|
20-363
|
Whatley v. Warden, Georgia Diagnostic and Classification Prison
Order |
|
Apr. 20, 2021 | ||
|
20-982
|
Brown v. Polk County
Order |
|
Apr. 20, 2021 | ||
|
20-308
|
La Boom Disco Inc. v. Duran
Order |
|
Apr. 20, 2021 | ||
|
20-723
|
PA Higher Education Assistance v. Allan
Order |
|
Apr. 20, 2021 | ||
|
20-740
|
Bognet v. Degraffenreid
Order |
|
Apr. 20, 2021 | ||
|
20-637
|
Hemphill v. New York
Order |
|
Apr. 20, 2021 | ||
|
19-30138
|
U.S. v. Do
Invoking the Assimilative Crimes Act while also assimilating Oregon's unlawful use of a weapon is precluded since both statutes punish approximately the same wrongful behavior. |
statutory_interpretation |
|
M. McKeown | Apr. 20, 2021 |
|
18-71807
|
Seachris v. Brady-Hamilton Stevedore Company
An administrative law judge's determination of attorney's fees must be supported by substantial evidence. |
Remedies |
|
A. Tashima | Apr. 20, 2021 |
|
18-56139
|
Wilson v. Craver
When general economic principals are alleged in a breach of duty-of-prudence claim, context-specific allegations must be plead. |
statutory_interpretation |
|
M. Murguia | Apr. 20, 2021 |
|
S260839
|
In re E.F.
Juvenile Temporary Restraining Orders are properly issued without notice when applicants show a need to avoid great or irreparable injury and comply with applicable procedures. |
Juveniles |
|
G. Liu | Apr. 20, 2021 |
|
F078067
|
People v. Vasquez
Although rape is lesser included offense of aggravated sexual assault by means of rape, it carries longer prison term; thus, defendant's conviction for rape would stand, while the other was vacated. |
Criminal Law and Procedure |
|
M. Snauffer | Apr. 19, 2021 |
|
20-55039
|
Salisbury v. City of Santa Monica
Discrimination claims under Fair Housing Amendments Act only apply in cases involving a 'sale' or 'rental' of a dwelling to a buyer or tenant. |
Civil Rights |
|
C. Bea | Apr. 19, 2021 |
|
19-16430
|
Poulsen v. Dept. of Defense
Complainant need not show causal connection between Freedom of Information Act lawsuit and government's changed position to show he 'substantially prevailed' for purposes of attorneys' fees. |
Remedies |
|
K. Wardlaw | Apr. 19, 2021 |
|
14-72003
|
Marinelarena v. Garland
Order |
|
Apr. 19, 2021 | ||
|
D076658
|
Modification: People v. Brugman
Trial court properly refused defense counsel's proffered pinpoint instruction because it was potentially confusing at best, and, at worst, an incorrect statement of the law. |
Criminal Law and Procedure |
|
J. Irion | Apr. 19, 2021 |
|
B292091
|
Modification: Lent v. California Coastal Commission
Coastal Commission did not violate plaintiffs' due process rights by imposing larger penalty than its staff recommended, because Commission specifically advised plaintiffs it could impose penalty of up to $8 million. |
Administrative Agencies |
|
J. Segal | Apr. 19, 2021 |
|
F082492
|
Antelope Valley Groundwater Cases
Plaintiff was subject to provisions of trial court's Physical Solution because he had not shown the extent or reasonableness of his claimed beneficial uses of water. |
Water Rights |
|
R. Peña | Apr. 16, 2021 |
|
A153582
|
Modification: Sweeney v. San Francisco Bay Conservation
Public Resources Code's permit exceptions were inapplicable to project that went beyond repair and maintenance, and that was inconsistent with local protection plan. |
Administrative Agencies |
|
P. Siggins | Apr. 16, 2021 |
|
S266854
|
People v. Renteria
Order |
|
Apr. 16, 2021 | ||
|
19-35673
|
Amended Opinion: U.S. v. State of Washington
HB 1723 falls within 40 U.S.C. Section 3172's waiver of federal government's immunity from state workers' compensation laws and thus did not violate doctrine of intergovernmental immunity. |
Government |
|
M. Smith | Apr. 16, 2021 |
|
20-55222
|
Bafford v. Northrop Grumman
Plaintiffs' state-law professional negligence and negligent misrepresentation claims were not preempted by ERISA since they did not have 'reference to or connection with' ERISA plan. |
Constitutional Law |
|
M. Smith | Apr. 16, 2021 |
|
19-56320
|
Adir International v. Starr Indemnity & Liability Company
California Insurance Code Section 533.5(b), which nullifies insurance company's duty to defend, does not facially violate party's due process right to retain counsel. |
Insurance |
|
K. Lee | Apr. 16, 2021 |
