Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
19-73000
|
Aguilar-Osorio v. Garland
Courts cannot independently take judicial notice of a report that is not a part of the record. |
Immigration |
|
P. Curiam (9th Cir.) | Mar. 16, 2021 |
19-35428
|
Freyd v. University of Oregon
Performing the same common core tasks was sufficient to show substantially equal work for Equal Pay Act claim. |
Employment Discrimination |
|
J. Bybee | Mar. 16, 2021 |
A161510
|
In re R.A.
Upon failing to receive notice of dependency petition due to lack of diligence by agency, separate showing of best interest is not required. |
Dependency |
|
M. Miller | Mar. 15, 2021 |
B300524
|
Pech v. Morgan
In action to collect unpaid fees based on breach of valid attorney fee agreement, terms of fee agreement determine amount of recoverable fees. |
Attorneys |
|
A. Egerton | Mar. 15, 2021 |
A159532
|
Boshernitsan v. Bach
Natural persons who are acting as trustees of revocable living trust and are also trust's settlors and beneficiaries qualify as 'landlord' under family move-in provision of city's rent control ordinance. |
Real Property |
|
J. Humes | Mar. 15, 2021 |
08-99012
|
Walden v. Shinn
District court properly denied petitioner habeas relief as to his claim based on trial court's denial of his motion to sever the counts by victim. |
Criminal Law and Procedure |
|
S. Thomas | Mar. 15, 2021 |
16-73745
|
Villegas Sanchez v. Garland
Substantial evidence supported Board of Immigration Appeals' determination that petitioner failed to establish past harm rising to level of persecution from threats alone. |
Immigration |
|
R. Nelson | Mar. 12, 2021 |
H045886
|
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. 12, 2021 |
B298003
|
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. 11, 2021 |
E074010
|
Coachella Valley Water Dist. v. Superior Courts (Roberts)
Code of Civil Procedure Sections 860 et seq. validation statutes applied to local water district's annual property tax. |
Civil Procedure |
|
M. Slough | Mar. 11, 2021 |
B296437
|
People v. Washington
Where a single physical act completes two crimes, the defendant may not be punished more than once for that act, regardless of his objective. |
statutory_interpretation |
|
N. Manella | Mar. 11, 2021 |
B295742
|
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. 10, 2021 |
A158234
|
People v. Sommer
Defendant psychologist tricked his patient into allowing him to touch her breast on pretext it served professional purpose; thus, defendant's conviction for sexual battery by fraudulent representation was affirmed. |
Criminal Law and Procedure |
|
I. Petrou | Mar. 10, 2021 |
E074698
|
People v. Hawara
Because witnesses offered opinion testimony to defendant's good character, prosecutor properly cross-examined witnesses on whether their opinion regarding defendant's character would change if they knew of defendant's instances of bad character. |
Criminal Law and Procedure |
|
M. Ramirez | Mar. 10, 2021 |
A159067
|
Husain v. California Pacific Bank
Plaintiff was put on notice of defendant's claim for a prescriptive easement when plaintiff received and signed an indemnification agreement informing him of the easement. |
Real Property |
|
J. Richman | Mar. 10, 2021 |
19-35151
|
Kaiser v. Cascade Capital
Threatening to sue or suing over time-barred debt constitutes violation of Fair Debt Collection Practices Act. |
statutory_interpretation |
|
M. Friedland | Mar. 10, 2021 |
A159181
|
Modification: Ashford Hospitality v. City and County of San Francisco
Trial court properly concluded that defendant's transfer tax did not violate Equal Protection Clause. |
Tax |
|
S. Pollak | Mar. 10, 2021 |
A153072
|
Sargent v. Bd. of Trustees of the California State Univ.
A viable claim under the Private Attorneys General Act can be asserted against defendant, but only when the statutes upon which the claims are premised themselves provide for penalties. |
Labor Law |
|
J. Humes | Mar. 9, 2021 |
19-968
|
Uzuegbunam v. Preczewski
A request for nominal damages satisfies the redressability element necessary for Article III standing where plaintiff's claim is based on a legal right violation. |
Constitutional Law |
|
C. Thomas | Mar. 9, 2021 |
19-632
|
Wilkinson v. Marinelarena
Order |
|
Mar. 9, 2021 | ||
20-659
|
Thompson v. Clark
Order |
|
Mar. 9, 2021 | ||
18-35459
|
Rice v. Morehouse
District court erred in granting defendants qualified immunity because a reasonable jury could find that plaintiff engaged in passive resistance and that defendants' take-down of plaintiff involved unconstitutionally excessive force. |
Civil Rights |
|
R. Paez | Mar. 9, 2021 |
19-15382
|
Amended Opinion: Bernstein v. Virgin America
Summary judgment to plaintiffs on their claims for minimum wage and payment for all hours worked was reversed because defendant's compensation scheme based on block time did not violate California law. |
Labor Law |
|
M. Smith | Mar. 9, 2021 |
C084505
|
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. 8, 2021 |
B302344
|
Mostafavi Law Group, APC v. Larry Rabineau, APC
Written offer made under Code of Civil Procedure Section 998 without an acceptance provision and subsequent related judgment held invalid. |
Civil Procedure |
|
B. Currey | Mar. 8, 2021 |
D077174
|
People v. Williams
While a continuance would cause some amount of inconvenience, a defendant's constitutional right to chosen counsel must be respected. |
Criminal Law and Procedure |
|
C. Aaron | Mar. 8, 2021 |
B305155
|
Modification: Alvarez v. Altamed Health Services Corporation
Trial court erred in denying defendant's motion to compel arbitration and in failing to consider whether provision in arbitration agreement authorizing review of second arbitrator was severable. |
Arbitration |
|
M. Stratton | Mar. 8, 2021 |
B296968
|
San Luis Obispo Local Agency v. City of Pismo Beach
Government Code Section 56383 held inapplicable to costs and fees accrued in post-administrative processes and without compliance with Section 66016. |
statutory_interpretation |
|
A. Gilbert | Mar. 5, 2021 |
19-547
|
United States Fish and Wildlife Service v. Sierra Club, Inc.
Deliberative process privilege protects from disclosure draft biological opinions reflecting the Environmental Protection Agency's preliminary views on its proposed rule regarding endangered species. |
Environmental Law |
|
A. Barrett | Mar. 5, 2021 |
19-438
|
Pereida v. Wilkinson
Under the Immigration and Nationality Act, certain nonpermanent residents seeking to cancel a lawful removal order bear the burden of showing they have not been convicted of a disqualifying offense. |
Immigration |
|
N. Gorsuch | Mar. 5, 2021 |