Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
19-50189
|
U.S. v. Rundo
The Anti-Riot Act prohibition against the advocacy of imminent riots held not constitutionally overbroad in violation of the First Amendment. |
Criminal Law and Procedure |
|
P. Curiam (9th Cir.) | Mar. 5, 2021 |
19-10074
|
U.S. v. Lucero
Defendant's Clean Water Act conviction reversed because the jury instructions failed to make clear the requirement that defendant knew the pollutant was discharged 'into water'. |
statutory_interpretation |
|
P. Bumatay | Mar. 5, 2021 |
19-15811
|
Hernandez v. Town of Gilbert
District court properly granted qualified immunity to defendant because 'Mendoza v. Block' did not clearly establish that defendant's conduct of deploying a police dog towards plaintiff was unconstitutional. |
Civil Rights |
|
R. Tallman | Mar. 5, 2021 |
19-17520
|
Anderson v. Edward D. Jones & Co.
Securities Litigation Uniform Standards Act did not bar plaintiff's state law claims for alleged conduct not connected to buying or selling covered securities. |
Securities |
|
M. Smith | Mar. 5, 2021 |
17-71313
|
Aden v. Wilkinson
Petitioner erroneously denied asylum and withholding of removal from Somalia after demonstrating that he suffered past persecution on account of his religious and political belief. |
Immigration |
|
R. Paez | Mar. 5, 2021 |
B304532
|
Gray v. Quicken Loans
Civil Code Section 2954.8 does not require plaintiff's lender to pay interest on plaintiff's hazard insurance proceeds unless there was a written agreement between the parties to pay the interest. |
Insurance |
|
S. Perren | Mar. 4, 2021 |
B307093
|
In re I.R.
Daughter returned to Father because substantial evidence in the record during the dependency proceedings did not support a reasonable inference that Father was a generally violent or abusive person. |
Dependency |
|
F. Rothschild | Mar. 4, 2021 |
A158118
|
Chen v. Paypal
Trial court properly sustained defendant's demurrer in light of plaintiff's generalized allegations and contradictory arguments for breach and unconscionability. |
Contracts |
|
J. Richman | Mar. 4, 2021 |
B300711
|
Holistic Supplements v. Stark
Trial court erred in granting nonsuit on individual claims asserted by the owner of a limited liability company in conjunction with the company. |
Corporations |
|
T. Bigelow | Mar. 4, 2021 |
B300006
|
Ventura County Deputy Sheriffs' Assn. v. County of Ventura
Penal Code Section 832.7, permitting disclosure of records relating to officer-involved shootings, applies retroactively since a request for records occurs after the law's effective date. |
statutory_interpretation |
|
S. Perren | Mar. 4, 2021 |
18-30206
|
U.S. v. Thompson
A forfeiture under 18 U.S.C. Section 981 cannot be extended beyond the tainted property and proceeds traceable to it. |
Criminal Law and Procedure |
|
A. Kleinfeld | Mar. 4, 2021 |
19-17556
|
Leigh-Pink v. Rio Properties
Order |
|
Mar. 4, 2021 | ||
B309416
|
County of Los Angeles Department of Health v. Superior Court (California Restaurant Association)
While no study specifically demonstrated that outdoor dining contributed to the spread of COVID-19, there was a rational basis to believe that it does. |
Government |
|
B. Currey | Mar. 3, 2021 |
A159181
|
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. 3, 2021 |
17-55036
|
Rojas v. Federal Aviation Administration
Term 'intra-agency' in Freedom of Information Act Exemption 5 includes documents prepared by outside consultants hired by agency to assist in carrying out agency's functions. |
statutory_interpretation |
|
P. Watford | Mar. 3, 2021 |
B298278
|
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. 2, 2021 |
B297453
|
Ruiz Nunez v. FCA US LLC
Jury instruction misstated the law and conflicted with CACI No. 3231, which correctly explained the continuation of warranties during repairs. |
Torts |
|
E. Grimes | Mar. 2, 2021 |
A156171
|
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 |
|
G. Sanchez | Mar. 2, 2021 |
20-303
|
U.S. v. Vaello-Madero
Order |
|
Mar. 2, 2021 | ||
20-480
|
Babcock v. Saul
Order |
|
Mar. 2, 2021 | ||
20-60014
|
In re Anderson
Panel affirmed decision to grant debtor homestead exemption despite moving out of property after petition date. |
Bankruptcy |
|
P. Curiam (9th Cir.) | Mar. 2, 2021 |
B307025
|
Contreras v. Superior Court (Zum Services Inc.)
Preliminary question of whether a plaintiff is an aggrieved employee under Private Attorneys General Act may not be decided in private party arbitration. |
Arbitration |
|
L. Rubin | Mar. 2, 2021 |
B302061
|
People v. Byers
Possession of pornography properly admitted to show defendant's motive or intent in committing sexual assault and it was not outweighed by undue prejudice. |
Criminal Law and Procedure |
|
M. Tangeman | Mar. 2, 2021 |
B296856
|
People v. Foster
Evidence of defendant shooting into group of men where there was no indication that defendant had primary target was sufficient to establish attempted murder. |
Criminal Law and Procedure |
|
R. Federman | Mar. 2, 2021 |
13-72934
|
Enriquez v. Wilkinson
Order |
|
Mar. 2, 2021 | ||
A158399
|
In re Hoze
Petitioner was not required to serve his sentences for in-prison offenses because grant of parole under Elderly Parole Program supersedes Penal Code Section 1170.1(c). |
statutory_interpretation |
|
G. Burns | Mar. 1, 2021 |
D076500
|
In re Kavanaugh
Parole regulations implemented under Proposition 57 were constitutional and did not conflict with Article I, Section 32 of California Constitution's guarantee of parole consideration. |
Criminal Law and Procedure |
|
J. McConnell | Mar. 1, 2021 |
19-55376
|
Duncan v. Becerra
Order |
|
Mar. 1, 2021 | ||
20-1174
|
In re Lisa Gay Mellem
Advancement on inheritance does not amount to collecting a debt 'as a personal liability' of the debtor within meaning of bankruptcy discharge injunction. |
Bankruptcy |
|
C. Klein | Mar. 1, 2021 |
19-10448
|
Amended Opinion: U.S. v. Bautista
District court erred in applying recidivist sentencing enhancement based on defendant's prior state conviction for transportation of marijuana after hemp was removed from federal drug schedule. |
statutory_interpretation |
|
W. Fletcher | Mar. 1, 2021 |