Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
S155160
|
Modification: People v. Ramirez
Death penalty judgment was upheld because trial court's instruction under CALCRIM No. 521, modified by Penal Code Section 189 did not amount to error. |
Criminal Law and Procedure |
|
T. Cantil-Sakauye | Apr. 16, 2021 |
B300021
|
Rubio v. CIA Wheel Group
Given medium-high level of defendant's reprehensibility, and unusual situation where plaintiffs could not recover for decedent's emotional distress, punitive damages amount was constitutionally permissible. |
Remedies |
|
M. Stratton | Apr. 16, 2021 |
B306360
|
Modification: People v. Hoffman
Old age, standing alone, does not relieve a person from sexually violent predator commitment, but is a factor to be considered. |
statutory_interpretation |
|
K. Yegan | Apr. 15, 2021 |
20-15595
|
Zoller v. GCA Advisors
Arbitration agreement contained clear language encompassing employment disputes and evidence showed that plaintiff knowingly waived her right to judicial forum. |
Arbitration |
|
J. Wallace | Apr. 15, 2021 |
20-70541
|
Thomas v. CalPortland Company
A miner asserting discrimination claim under Section 105(c) of Mine Safety and Health Act must prove but-for causation. |
statutory_interpretation |
|
D. Forrest | Apr. 15, 2021 |
B303100
|
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. 15, 2021 |
C087967
|
Kuntz v. Kaiser Foundation Hospital
Government Code Section 22869 exempts CalPERS enrollments from the requirements of Section 1363.1 where CalPERS Board disseminates information pursuant to Section 22863. |
Arbitration |
|
W. Murray | Apr. 14, 2021 |
C085042
|
American Coatings Association, Inc. v. State Air Resources Board
State Air Resources Board's fees on manufacturers was reasonable and not a tax subject to Proposition 13. |
Administrative Agencies |
|
V. Raye | Apr. 14, 2021 |
E074759
|
Modification: Planet Bingo LLC v. The Burlington Insurance Co.
There was triable issue whether subrogation demand letter represented opportunity to settle within policy limits; thus, summary judgment entered in favor of insurance company was reversed. |
Insurance |
|
M. Ramirez | Apr. 14, 2021 |
A158898
|
People v. McCloud
Trial court properly denied petitioner's subsequent petition for conditional release after determining his condition as a sexually violent predator had not changed. |
Criminal Law and Procedure |
|
M. Miller | Apr. 14, 2021 |
19-50018
|
U.S. v. Koziol
Threats of sham litigation, which are made to obtain property to which defendant knows he has no lawful claim, are 'wrongful' under Hobbs Act. |
Criminal Law and Procedure |
|
B. Bade | Apr. 14, 2021 |
18-70191
|
Alvarado-Herrera v. Garland
Substantial evidence did not support immigration judge's determination that petitioner failed to establish reasonable fear of torture with acquiescence of public official, given petitioner's assertions of police complicity in gang's violent acts. |
Immigration |
|
P. Watford | Apr. 14, 2021 |
20A151
|
Tandon v. Newsom
Applicants were likely to succeed on merits of their free exercise claim with regard to California's COVID restrictions on religious gatherings; thus applicants were entitled to injunction. |
Constitutional Law |
|
J. Roberts | Apr. 13, 2021 |
S087533
|
People v. Wilson
Witness identifying defendant based on his smirky grin was not unduly suggestive because nothing made defendant 'stand out' from the other men depicted. |
Criminal Law and Procedure |
|
M. Cuéllar | Apr. 13, 2021 |
B306781
|
Wilson-Davis v. SSP America, Inc.
Arbitration between labor union and employer was properly denied because collective bargaining agreement did not waive employees' right to pursue their claims in judicial forum. |
Arbitration |
|
L. Edmon | Apr. 13, 2021 |
19-50278
|
U.S. v. Ghanem
Because jury could reasonably find that defendant's arrest in Greece was connected to alleged offense, district court's instruction misstated the law. |
Criminal Law and Procedure |
|
D. Boggs | Apr. 13, 2021 |
19-50151
|
Amended Opinion: U.S. v. Grimaldo
District court plainly erred by failing to determine whether defendant's possession of gun emboldened his possession of narcotics for purposes of four-level weapon enhancement. |
Criminal Law and Procedure |
|
K. Lee | Apr. 13, 2021 |
19-55274
|
Benavidez v. County of San Diego
Precedent establishes right to be free from judicial deception in child custody proceedings; thus, dismissal on qualified immunity grounds was reversed. |
Qualified Immunity |
|
G. Katzmann | Apr. 13, 2021 |
H046250
|
Marriage of Wang and Zhou
Trial court properly denied registration of Chinese custody orders because the Chinese judgment was stayed pending appeal. |
Family Law |
|
M. Greenwood | Apr. 13, 2021 |
C066930
|
Modification: Gilman v. Dalby
Under Code of Civil Procedure Section 708.410, judgment creditors' lien attached to money ordered returned to judgment debtor in his lawsuit against a different party. |
Civil Procedure |
|
C. Blease | Apr. 12, 2021 |
19-17213
|
City and County of San Francisco v. USCIS
Order |
|
Apr. 12, 2021 | ||
A157857
|
People v. Stewart
Appellant's period of probation was reduced from three years to two years based on Assembly Bill 1950, which was enacted while his appeal was pending. |
statutory_interpretation |
|
J. Kline | Apr. 9, 2021 |
20-1110
|
In re Cambridge Land Company II, LLC; Cambridge Land Company LLC
To appeal decision of bankruptcy court, appellant must show that it is 'person aggrieved' who was directly and adversely affected by order of bankruptcy court. |
Bankruptcy |
|
J. Brand | Apr. 9, 2021 |
19-56048
|
Panthera Investment Fund v. H.C. Wainwright
Because complaint failed to plead plausible motive for allegedly fraudulent action, plaintiff could not establish scienter. |
Securities |
|
K. Lee | Apr. 9, 2021 |
20-10245
|
U.S. v. Aruda
Current version of U.S. Sentencing Guidelines Manual Section 1B1.13 is not an applicable policy statement for motions filed by a defendant under 18 U.S.C. Section 3582(c)(1)(A). |
statutory_interpretation |
|
P. Curiam (9th Cir.) | Apr. 9, 2021 |
19-16487
|
Amended Opinion: East Bay Sanctuary Covenant v. Barr
Rule denying asylum to aliens arriving at US border with Mexico unless they first applied for, and had been denied, asylum in Mexico or another country they traveled through, was unlawful. |
Immigration |
|
W. Fletcher | Apr. 9, 2021 |
D076601
|
Department of Industrial Relations v. Built Pacific, Inc.
Civil Code Section 1671(b) addresses validity of liquidated damages provisions in contracts, but does not apply to Civil Wage Penalty Assessments. |
Labor Law |
|
T. Do | Apr. 8, 2021 |
C089046
|
People v. Clark
Trial court erroneously admitted into evidence Defendant's prior uncharged act of constructive possession of a firearm because there was no connected motive between the current offenses. |
Evidence |
|
W. Murray | Apr. 8, 2021 |
A160161
|
Silva v. Humboldt County
County's measure amendments impermissibly broadened scope of tax by imposing taxes on property owners subject to commercial marijuana cultivation permit regardless of whether they cultivated marijuana. |
Tax |
|
J. Humes | Apr. 8, 2021 |
E075582
|
Muddy Waters v. Superior Court
Trial court erred in denying defendant's special motion to strike based upon commercial speech exception. |
Anti-SLAPP |
|
R. Fields | Apr. 8, 2021 |