Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
15-72672
|
Meza-Vazquez v. Garland
Order |
|
Apr. 2, 2021 | ||
S259216
|
Brown v. USA Taekwondo
Even when a special relationship creates an affirmative duty to protect, courts must still consider whether policy considerations limit that duty. |
Torts |
|
L. Kruger | Apr. 2, 2021 |
S260391
|
Smith v. LoanMe, Inc.
Penal Code Section 632.7 prohibits parties as well as nonparties from intentionally recording communication transmitted between cellular or cordless phone and another device without consent of all parties to communication. |
statutory_interpretation |
|
T. Cantil-Sakauye | Apr. 2, 2021 |
D076639
|
Julian Volunteer Fire Co. Assn. v. Julian-Cuyamaca Fire
Claims were barred because plaintiffs unreasonably delayed in prosecuting their lawsuit and delay prejudiced the parties and the general public. |
Government |
|
J. Haller | Apr. 1, 2021 |
A155260
|
Podiatric Medical Board v. Superior Court (Redko)
Power to exclude expert testimony to counter discovery 'abuse' was not recognized as implied power of administrative law judge's statutory authority. |
Administrative Agencies |
|
J. Kline | Apr. 1, 2021 |
D076658
|
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. 1, 2021 |
B294528
|
Crayton v. FCA US LLC
Plaintiff not entitled to restitution based on residual value of leased vehicle in award under Song-Beverly Consumer Warranty Act because that amount was not part of actual price payable by plaintiff. |
Remedies |
|
D. Kim | Apr. 1, 2021 |
21-15228
|
Tandon v. Newsom
Order |
|
Apr. 1, 2021 | ||
19-16696
|
Friends of the Earth v. Sanderson Farms
Advocacy Groups did not establish organizational standing because they had not diverted resources to combat alleged false advertisements, rather, the activities were continuations of their ongoing work. |
Constitutional Law |
|
M. McKeown | Apr. 1, 2021 |
20-35931
|
Maine Community Health Options v. Albertsons Companies Inc.
Amount in controversy in Federal Arbitration Act Section 7 enforcement action can be measured by either benefit to plaintiff or detriment to defendant that would result from enforcement of subpoena. |
Civil Procedure |
|
A. Hurwitz | Apr. 1, 2021 |
H045886
|
Modification: Akella v. The Regents of the University of California
University's workload policy properly authorized department chair to assign additional courses to professor not meeting workload standards. |
Education |
|
P. Bamattre-Manoukian | Mar. 31, 2021 |
A159528
|
Betancourt v. Transportation Brokerage Specialists, Inc.
Delivery driver was exempt from Federal Arbitration Act coverage as transportation worker engaged in interstate commerce under Section 1 of FAA. |
Arbitration |
|
I. Petrou | Mar. 31, 2021 |
A159145
|
Yue v. Yang
Specific jurisdiction was established where defendant intentionally sent California-focused social media messages directly to California resident for alleged purpose of causing reputational injury there. |
Civil Procedure |
|
B. Seligman | Mar. 31, 2021 |
B298003
|
Modification: Karton v. Ari Design & Construction
Trial court erred in exempting a surety from liability for an award of attorney's fees because the liability of the surety is commensurate with the liability of its principal. |
Remedies |
|
J. Wiley | Mar. 31, 2021 |
F078693
|
Modification: People v. Nieto
Although instruction wrongly permitted jury to find deception itself sufficient to prove general kidnapping, instructional error in this case was harmless beyond a reasonable doubt. |
Criminal Law and Procedure |
|
M. Snauffer | Mar. 31, 2021 |
16-70130
|
Silva v. Garland
Board of Immigration Appeals properly determined petty theft under Penal Code Section 484(a) is a crime involving moral turpitude, making defendant removable. |
Immigration |
|
S. Ikuta | Mar. 31, 2021 |
19-56074
|
C.L. v. Del Amo Hospital
District court erred by effectively imposing certification requirement for plaintiff's dog to be qualified as a service animal under the Americans with Disabilities Act. |
Disability Discrimination |
|
R. Gould | Mar. 31, 2021 |
A159088
|
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 | Mar. 31, 2021 |
A158152
|
Manhan v. Gallagher
When postdismissal or postjudgment motion involves collateral statutory rights, court may retain jurisdiction to determine and enforce those rights. |
Civil Procedure |
|
C. Fujisaki | Mar. 30, 2021 |
B300093
|
Michaels v. Greenberg Traurig, LLP
Trial court erred in granting summary adjudication on appellants' claim for legal malpractice because appellants met their burden on establishing causation and damages. |
Attorneys |
|
S. Ohta | Mar. 30, 2021 |
20-507
|
Mays v. Hines
Federal appellate court improperly disregarded overwhelming evidence of defendant's guilt which supported state court's conclusion and instead focused on alternative suspect. |
Criminal Law and Procedure |
|
P. Curiam (USSC) | Mar. 30, 2021 |
20-601
|
Cameron v. EMW Women's Surgical Center
Order |
|
Mar. 30, 2021 | ||
20-35159
|
Pacific Gulf Shipping v. Vigorous Shipping & Trading
There was insufficient evidence that appellees were dominated or controlled by debtors or that appellees were operated with fraudulent intent in order to pierce the corporate veil. |
Maritime Law |
|
D. Boggs | Mar. 30, 2021 |
S253458
|
Kaanaana v. Barrett Business Services, Inc.
Contract workers acting as belt sorters for county sanitation district fall within definition of 'public works' in Labor Code Section 1720(a)(2), entitling them to prevailing wage compensation. |
statutory_interpretation |
|
C. Corrigan | Mar. 30, 2021 |
E074122
|
People v. Pettigrew
Trial court erred by instructing jury on 'flight' instruction because defendant was found in bed, but error was harmless. |
Criminal Law and Procedure |
|
A. McKinster | Mar. 29, 2021 |
19-15122
|
Miller v. U.S.
Federal Tort Claims Act's discretionary function exception applied to bar plaintiff's two retaliation-based wrongful termination claims. |
statutory_interpretation |
|
D. Collins | Mar. 29, 2021 |
A157236
|
People v. Southard
Trial court's use of language from a case involving a motion to suppress as a basis for a special jury instruction was improper. |
Criminal Law and Procedure |
|
J. Richman | Mar. 26, 2021 |
B292967
|
Curtis v. Superior Court (California Employment Lawyers Assoc.)
Identity of attorney's nontestifying expert was not entitled to absolute work product protection because it would not reveal attorney's 'impressions, conclusions, opinions, or legal research or theories.' |
Attorneys |
|
G. Feuer | Mar. 26, 2021 |
B303013
|
People v. Moine
Trial court abused its discretion in finding diversion would pose an unreasonable risk of danger to public safety. |
Criminal Law and Procedure |
|
R. Federman | Mar. 26, 2021 |
19-368
|
Ford Motor Co. v. Montana Eighth Judicial Dist.
Because defendant advertises and markets its vehicles in forum states, connection between plaintiff's claims and defendant's activities was sufficient to support specific jurisdiction. |
Civil Procedure |
|
E. Kagan | Mar. 26, 2021 |