Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
20-5279
|
Wooden v. U.S.
Order |
|
Feb. 23, 2021 | ||
D076921
|
Gerwig v. Gordon
Showing any violation of title 17 does not rebut Evidence Code Section 664's presumption that chemical blood tests were properly conducted, yielding reliable results. |
Administrative Agencies |
|
W. Dato | Feb. 23, 2021 |
B295163
|
Souliotes v. California Victim Compensation Board
'Schlup v. Delo' gateway finding of 'actual innocence' is not equivalent to finding that person is 'factually innocent,' under Penal Code Section 1485.55(a), thus requiring compensation. |
statutory_interpretation |
|
T. Willhite | Feb. 23, 2021 |
A153583
|
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 | Feb. 23, 2021 |
G057714
|
Guastello v. AIG Specialty Insurance Company
Triable issue of fact existed regarding when insurer's obligation to provide coverage was triggered under an occurrence policy. |
Insurance |
|
E. Moore | Feb. 23, 2021 |
G058539
|
Modification: City of Duarte v. State Water Resources Control Bd.
Water boards' numeric effluent limitations permit was upheld based on boards' consideration of factors under Water Code Section 13241. |
Administrative Agencies |
|
R. Fybel | Feb. 23, 2021 |
19-16591
|
U.S. v. Olson
District court properly denied defendant's 28 U.S.C. Section 2255 motion seeking to vacate his sentence under claim of ineffective assistance of counsel because right to counsel had not yet attached. |
Criminal Law and Procedure |
|
P. Curiam (9th Cir.) | Feb. 23, 2021 |
B306909
|
In re Nathan E.
Having children present for incidents of domestic violence creates substantial risk of serious harm for children left in that environment and thus supports removal. |
Dependency |
|
V. Chaney | Feb. 23, 2021 |
C089228
|
People v. Figueras
'Wende' procedure does not apply to appeal from order denying postconviction petition seeking relief pursuant to Penal Code Section 1170.95. |
Criminal Law and Procedure |
|
V. Raye | Feb. 23, 2021 |
B294240
|
Brown v. Los Angeles Unified School Dist.
Plaintiff adequately pled cause of action for failure to provide reasonable accommodation for her disability. |
Employment Law |
|
M. Stratton | Feb. 22, 2021 |
B297393
|
Morgan v. J-M Manufacturing Co., Inc.
Punitive damage award reversed because plaintiff failed to establish that someone responsible for defendant's corporate policy had the requisite state of mind to support such an award. |
Torts |
|
V. Chaney | Feb. 22, 2021 |
A151468
|
Keading v. Keading
Probate Code Section 859 authorizes double damages for elder financial abuse without requiring separate finding of bad faith. |
probate_and_trusts |
|
C. Fujisaki | Feb. 22, 2021 |
20-55058
|
DiCarlo v. MoneyLion Inc.
Litigants proceeding in individual lawsuits may request public injunctive relief without becoming private attorneys general; thus, arbitration provision was valid because public injunctive relief was available. |
Arbitration |
|
A. Thapar | Feb. 22, 2021 |
D077063
|
Collins v. County of San Diego
Jury's negligence verdict was not foreclosed by its rejection of plaintiff's false arrest claim. |
Torts |
|
J. McConnell | Feb. 19, 2021 |
A160523
|
Crestwood Behavioral Health, Inc. v. Superior Court (Fragoza)
In action under Private Attorneys General Act, venue was proper in county where company allegedly committed Labor Code violations against some of its employees. |
Civil Procedure |
|
G. Burns | Feb. 19, 2021 |
G058568
|
People v. Valliant
Penal Code Section 1170.91(b) resentencing relief for military veterans suffering from PTSD or substance abuse is limited to persons sentenced prior to January 1, 2015. |
statutory_interpretation |
|
T. Goethals | Feb. 19, 2021 |
20-1182
|
In re Lance B. Haynie
Washington Supreme Court would follow last-in-time rule, giving preclusive effect to last judgment despite prior inconsistent judgment. |
Bankruptcy |
|
R. Faris | Feb. 19, 2021 |
20-50248
|
U.S. v. Repp
Because defendant's motion was not a final or appealable collateral order, there was no jurisdiction over his appeal. |
Criminal Law and Procedure |
|
R. Tallman | Feb. 19, 2021 |
17-17508
|
U.S. v. Orona
Order |
|
Feb. 19, 2021 | ||
18-71515
|
Chacon v. Wilkinson
Petitioner was ineligible for asylum because his conviction under 18 U.S.C. Section 922(a)(1)(A) qualified as 'aggravated felony' under Immigration and Nationality Act. |
Immigration |
|
D. Bress | Feb. 19, 2021 |
19-72803
|
Naranjo Garcia v. Wilkinson
Sweeping retaliation towards family unit over time can demonstrate a kind of 'animus' distinct from 'purely personal retribution' in determining whether petitioner is eligible for asylum relief. |
Immigration |
|
R. Gould | Feb. 19, 2021 |
G058394
|
Daneshmand v. City of San Juan Capistrano
Substantial evidence supported trial court's finding that defendant did not waive protections of Government Claims Act, in particular Government Code Section 911.2. |
Government |
|
R. Fybel | Feb. 18, 2021 |
B305359
|
People v. Flores
Substantial evidence supported trial court's conclusion that defendant's suspicious ducking and crouching actions meant a 'Terry' stop was proper. |
Criminal Law and Procedure |
|
J. Wiley | Feb. 18, 2021 |
D076917
|
People v. Rodriguez
Petitioner entitled to relief under Penal Code Section 1473.7 since it had not been established that he meaningfully understood he would become deportable due to plea. |
Criminal Law and Procedure |
|
J. McConnell | Feb. 18, 2021 |
H043029
|
People v. Dryden
Trial court abused its discretion by admitting an earlier uncharged and dissimilar act that defendant's state of mind could not reasonably be inferred from. |
Criminal Law and Procedure |
|
A. Grover | Feb. 18, 2021 |
19-56035
|
Tabares v. City of Huntington Beach
District court conflated California negligence standard regarding pre-shooting conduct with Fourth Amendment standard and did not consider that jury could find officer's pre-shooting conduct unreasonable under California law. |
Civil Rights |
|
R. Nelson | Feb. 18, 2021 |
19-35774
|
Ahearn v. Saul
In a Supplemental Security Income case, courts review the decision of the administrative law judge for substantial evidence. |
Administrative Agencies |
|
W. Fletcher | Feb. 18, 2021 |
19-35797
|
Connell v. Lima Corporate
In light of statutory text, defendant is 'biomaterials supplier' of its hip stem product and therefore immune from liability under Biomaterials Access Assurance Act. |
statutory_interpretation |
|
R. Nelson | Feb. 18, 2021 |
20-55445
|
Gish v. Newsom
Order |
|
Feb. 18, 2021 | ||
B293358
|
Roussos v. Roussos
Arbitration award vacated based on arbitrator's failure to disqualify himself upon defendant's timely service of notice of disqualification pursuant to Code of Civil Procedure Section 1281.91(b). |
Arbitration |
|
G. Feuer | Feb. 17, 2021 |