Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
19-292
|
Torres v. Madrid
Officers shooting applied physical force to petitioner's body and objectively manifested an intent to restrain her from driving away; thus, officers seized petitioner. |
Civil Rights |
|
J. Roberts | Mar. 26, 2021 |
S247278
|
In re Humphrey
Common practice of conditioning freedom solely on whether arrestee can afford bail is unconstitutional. |
Criminal Law and Procedure |
|
M. Cuéllar | Mar. 26, 2021 |
20-10063
|
U.S. v. Furaha
Defendant's prior conviction for possessing firearm in furtherance of 'drug trafficking crime' under 18 U.S.C. Section 924(c) constituted 'controlled substance offense' under U.S.S.G. Section 4B1.2. |
statutory_interpretation |
|
M. Smith | Mar. 26, 2021 |
C084505
|
Modification: People v. Cummings
Where a defendant has sustained a qualifying prior felony DUI conviction within 10 years, an attempted DUI will be considered a felony. |
statutory_interpretation |
|
W. Murray | Mar. 26, 2021 |
B297845
|
People v. Tran
Eleven-year span between filing of Sexually Violent Predators Act petition and retrial did not violate defendant's due process right because continuances requested by defense benefited him. |
Criminal Law and Procedure |
|
J. Ashmann-Gerst | Mar. 25, 2021 |
B303269
|
Alpha Nu Assn. of Theta XI v. University of Southern California
Suspension of Theta Xi from University of Southern California's recognition upheld despite using modestly untimely evidence from prior pledge class. |
Administrative Agencies |
|
N. Manella | Mar. 25, 2021 |
B297425
|
Jones v. Quality Coast
Plaintiff was not entitled to protection under Displaced Janitor Opportunity Act because he was supervisory employee at air traffic control facility. |
Labor Law |
|
L. Baker | Mar. 25, 2021 |
19-72381
|
Acevedo Granados v. Garland
Intellectual disability may be sufficient to establish cognizable social group for purposes of asylum and withholding of removal. |
Immigration |
|
R. Clifton | Mar. 25, 2021 |
19-55585
|
U.S. v. Boyd
31 U.S.C. Section 5321(a)(5)(A) authorizes IRS to impose only one non-willful penalty when an untimely, but accurate, Foreign Bank and Financial Accounts form is filed, no matter number of accounts. |
Tax |
|
M. Bennett | Mar. 25, 2021 |
12-17808
|
Young v. State of Hawaii
Hawaii's restrictions on open carrying of firearms reflect longstanding prohibitions that regulate conduct outside scope of Second Amendment; thus, firearms-licensing requirement was lawful. |
Civil Rights |
|
J. Bybee | Mar. 25, 2021 |
18-17274
|
Amended Opinion: East Bay Sanctuary Covenant v. Biden
Rule that requires migrants to enter country at ports of entry to preserve eligibility for asylum was substantively invalid because it conflicted with Immigration and Nationality Act. |
Immigration |
|
R. Paez | Mar. 25, 2021 |
A156171
|
Modification: Valley Baptist Church v. City of San Rafael
California's constitutional religious exemption did not extend to non ad valorem special property taxes. |
Constitutional Law |
|
Mar. 24, 2021 | |
C090409
|
People v. Curry
Defendant may ask trial court for mental health diversion under Penal Code Section 1001.36 until sentencing and entry of judgment. |
Criminal Law and Procedure |
|
J. Renner | Mar. 24, 2021 |
20-443
|
U.S. v. Tsarnaev
Order |
|
Mar. 24, 2021 | ||
20-794
|
Servotronics Inc. v. Rolls-Royce PLC
Order |
|
Mar. 24, 2021 | ||
20-5941
|
Thompson v. Lumpkin
Order |
|
Mar. 24, 2021 | ||
20-5715
|
Longoria v. United States
Order |
|
Mar. 24, 2021 | ||
20-633
|
Smith v. Titus
Order |
|
Mar. 24, 2021 | ||
20-97
|
Massachusetts Lobstermen's Assn. v. Raimondo
Order |
|
Mar. 24, 2021 | ||
A159540
|
Senior Disability Action v. Weber
Secretary of State of California had no mandatory duty to designate certain offices as voter registration agencies under National Voter Registration Act. |
Government |
|
R. Wiseman | Mar. 24, 2021 |
A153582
|
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 | Mar. 23, 2021 |
A158284
|
People v. Rivera
Defendants entering into murder pleas with malice aforethought are not categorically incapable of making prima facie showing of eligibility for relief under Penal Code Section 1170.95(c). |
statutory_interpretation |
|
J. Humes | Mar. 23, 2021 |
B298104
|
Travis v. Brand
Political action committees engaged in multiple initiatives and spending less than 70 percent of their expenditures on a measure qualify as general-purpose committee. |
statutory_interpretation |
|
J. Wiley | Mar. 23, 2021 |
C090707
|
People v. Andahl
Because trial court's order revoking defendant's probation and executing previously imposed prison sentence had not yet reached final disposition, defendant was entitled to benefit of Senate Bill 136. |
statutory_interpretation |
|
J. Renner | Mar. 23, 2021 |
D077711
|
Clark v. Superior Court (Arthroscopic & Laser Surgery Center of San Diego)
Plaintiff exhausted her administrative remedies by identifying defendant, even if not by name, as alleged perpetrator of discrimination in Department of Fair Employment and Housing complaint. |
Employment Discrimination |
|
C. Aaron | Mar. 23, 2021 |
20-55589
|
Academy of Country Music v. Continental Casualty Company
District court's transmittal of remand order did not deprive federal courts of jurisdiction and review was not barred by 28 U.S.C. Section 1447(d). |
Civil Procedure |
|
C. Callahan | Mar. 23, 2021 |
20-55099
|
Allied Premier Insurance v. United Financial Casualty Company
Order |
|
Mar. 23, 2021 | ||
A156669
|
San Francisco CDC LLC v. Webcor Construction L.P.
One-year statute of limitations applies to disgorgement claims brought under Business and Professions Section 7031(b) because disgorgement is a statutory penalty. |
Civil Procedure |
|
G. Sanchez | Mar. 23, 2021 |
A158179
|
Modification: People v. Hardy
Defendant's conviction reversed because trial court erred in admitting Shotspotter evidence without first holding 'Kelly/Frye' hearing. |
Evidence |
|
T. Stewart | Mar. 23, 2021 |
D075577
|
Contreras-Velazquez v. Family Health Centers of San Diego, Inc.
Trial court did not err in determining constitutional maximum ratio for punitive damages award was twice the amount of compensatory damages because defendant's conduct was moderately reprehensible. |
Disability Discrimination |
|
J. McConnell | Mar. 22, 2021 |