Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
E074759
|
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 | Mar. 22, 2021 |
A157962
|
Eyford v. Nord
Trial court properly denied petition to invalidate appellants' grandmother's trust because evidence showed grandmother was lucid in period when she signed her trust. |
probate_and_trusts |
|
C. Fujisaki | Mar. 22, 2021 |
D076079
|
Vendor Surveillance Corporation v. Henning
'Dynamex' 'ABC' test applies in alleged wage order violations and 'Borello' provides applicable standard in assessing unemployment insurance taxes. |
Employment Law |
|
W. Dato | Mar. 22, 2021 |
B308909
|
City of Los Angeles v. Superior Court (Wong)
Dangerous condition of public property under Government Code Section 835 does not extend liability to members of public whose alleged injuries do not arise from using property at issue. |
Government |
|
A. Collins | Mar. 22, 2021 |
A153583
|
Modification: Sweeney v. California Regional Water Quality Control Board
Regional Water Quality Control Board's order imposing civil penalties was sufficiently supported by its finding that respondents' activities violated environmental laws and regulations. |
Water Rights |
|
P. Siggins | Mar. 22, 2021 |
B304964
|
Felkay v. City of Santa Barbara
Inverse condemnation judgment affirmed because case was ripe after the initial denial of plaintiff's proposal. |
Real Property |
|
M. Tangeman | Mar. 22, 2021 |
A160558
|
Rush v. State Teachers' Retirement System
California State Teachers Retirement System properly construed definition of 'final compensation' in Education Code Section 22134.5(a) to incorporate definition of 'compensation earnable' in Section 22115. |
Education |
|
S. Pollak | Mar. 22, 2021 |
B295742
|
Modification: Pinto v. Farmers Insurance Exchange
Judgment entered in favor of plaintiff in his bad faith insurance claim was reversed because jury made no finding that insurer acted unreasonably. |
Insurance |
|
V. Chaney | Mar. 22, 2021 |
E071542
|
People v. Miranda
Trial court was required to instruct jury on battery as lesser included offense as to one of defendant's crimes, oral copulation of an unconscious person. |
Criminal Law and Procedure |
|
M. Raphael | Mar. 22, 2021 |
F078693
|
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. 22, 2021 |
20-15134
|
Green v. Mercy Housing
Plaintiffs bringing suit under Fair Housing Act should not be assessed fees or costs unless court determines that claim is 'frivolous, unreasonable, or groundless.' |
Civil Rights |
|
M. Berzon | Mar. 22, 2021 |
19-15623
|
O'Doan v. Sanford
Police's use of reverse reap throw did not violate clearly established law because it employs modest use of force and defendant was combative; thus, officer was entitled to qualified immunity. |
Civil Rights |
|
D. Bress | Mar. 22, 2021 |
B300296
|
City of Torrance v. Southern California Edison Co.
City's electricity tax ordinance did not permit electricity provider to apply annual credit to reduce electricity consumers' tax base, thereby reducing City's tax revenue. |
Utilities |
|
L. Lavin | Mar. 19, 2021 |
B298278
|
Modification: LA Live Properties, LLC v. County of Los Angeles
Trial court correctly concluded that plaintiff's claim for refund of property taxes was not reviewable on the merits because plaintiff did not exhaust its administrative remedies. |
Tax |
|
L. Edmon | Mar. 19, 2021 |
S252035
|
Villanueva v. Fidelity National Title Company
Immunity under Insurance Code Section 12414.26 does not extend to insurers charging rates not yet filed with the Insurance Commissioner. |
Insurance |
|
L. Kruger | Mar. 19, 2021 |
20-35222
|
Kennedy v. Bremerton School District
School District was justified in prohibiting football coach from publicly praying on the football field at the conclusion of games to prevent Establishment Clause violation. |
Civil Rights |
|
M. Smith | Mar. 19, 2021 |
F078387
|
Foster v. Sexton
Prisoner grievance procedure is 'unavailable' for purposes of California law when prison administrators thwart inmates from taking advantage of grievance process through machination, misrepresentation, or intimidation. |
Civil Procedure |
|
D. Franson | Mar. 18, 2021 |
B307313
|
In re F.P.
If visitation is inconsistent with the well-being of the child or detrimental to the child, the juvenile court has the discretion to deny such contact. |
Dependency |
|
V. Chavez | Mar. 18, 2021 |
A159246
|
Collondrez v. City of Rio Vista
City's anti-SLAPP motion should have been granted because plaintiff could not prevail on his complaint that City wrongfully disclosed his personnel records pertaining to sustained findings of making false reports. |
Anti-SLAPP |
|
I. Petrou | Mar. 18, 2021 |
B294449
|
Hernandez v. Jensen
Because it was foreseeable that home healthcare worker might accidentally be shot in home containing unsecured loaded firearms, exception to general duty to exercise ordinary care did not apply. |
Torts |
|
M. McCormick | Mar. 18, 2021 |
B303898
|
Conservatorship of Brokken
Probate Code Section 2640.1 does not allow attorney fees absent conservator's appointment. |
statutory_interpretation |
|
S. Perren | Mar. 17, 2021 |
B291600
|
Modification: Leining v. Foster Poultry Farms
Plaintiff's causes of action challenged defendant's federally-approved labels and effectively sought to impose additional labeling requirements; thus, those claims were preempted. |
Torts |
|
L. Rubin | Mar. 17, 2021 |
B306360
|
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 | Mar. 17, 2021 |
F078402
|
Zuniga v. Cherry Avenue Auction
'Privette v. Superior Court' doctrine was inapplicable to excuse liability for injuries in commercial landlord-tenant relationship. |
Torts |
|
D. Franson | Mar. 17, 2021 |
B302787
|
Bacall v. Shumway
Exception to rule that court may not set aside arbitration award did not apply because arbitrator did not enforce illegal contract, instead, arbitrator severed unlawful legal services rendered on contract. |
Arbitration |
|
S. Ohta | Mar. 17, 2021 |
D077134
|
Wilson v. The La Jolla Group
Trial court abused its discretion by determining that common questions did not predominate on plaintiffs' wage statement claim. |
Civil Procedure |
|
P. Guerrero | Mar. 16, 2021 |
F078658
|
Bichai v. Dignity Health
Although medical staff recommended denying plaintiff's reapplication for hospital privileges, medical staff and hospital are separate legal entities and therefore, hospital had not taken any adverse action against plaintiff. |
Civil Procedure |
|
D. Franson | Mar. 16, 2021 |
C066930
|
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 | Mar. 16, 2021 |
D076086
|
People v. Paredes
Sufficient evidence supported defendant's convictions for offering or delivering compensation for workers' compensation patient referrals. |
Criminal Law and Procedure |
|
C. Aaron | Mar. 16, 2021 |
20-70240
|
Rodriguez v. Garland
Board of Immigration Appeals' denial of motion to reopen was affirmed because petitioner's motion was based solely on evidence of his changed circumstances. |
Immigration |
|
L. VanDyke | Mar. 16, 2021 |