Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
19-55348
|
Dr. Seuss Enterprises v. ComicMix LLC
Defendants' use of Dr. Seuss's copyrighted works, including the book 'Oh, the Places You'll Go!' was not fair use. |
Copyright |
|
M. McKeown | Dec. 21, 2020 |
S256698
|
People v. Gentile
Senate Bill 1437 bars conviction of second degree murder under theory that defendant aided and abetted a crime, the natural and probable consequence of which was murder. |
statutory_interpretation |
|
G. Liu | Dec. 18, 2020 |
B299743
|
Malek Media Group LLC v. AXQG Corp.
Trial court properly confirmed arbitration award because arbitrator was not required to disclose his prior relationship with LGBTQ rights organization. |
Arbitration |
|
H. Dhanidina | Dec. 18, 2020 |
A160032
|
People v. Estrada
Trial court properly construed Penal Code Section 1170.91(b)(1) as applicable only to defendants serving determinate sentences; thus, defendant was ineligible for resentencing. |
statutory_interpretation |
|
G. Burns | Dec. 18, 2020 |
F079811
|
Modification: Davis v. Fresno Unified School Dist.
Trial court erroneously interpreted plaintiff's lawsuit as exclusively 'in rem' reverse validation action. |
Civil Procedure |
|
D. Franson | Dec. 18, 2020 |
19-55820
|
Beverly Oaks v. Blue Cross & Blue Shield
Plaintiff, an assignee of its patients, sufficiently alleged that defendant waived an anti-assignment provision in ERISA plan documents as a reason for denying the benefits claim. |
Health Care |
|
J. Choe-Groves | Dec. 18, 2020 |
20-297
|
Transunion LLC v. Ramirez
Order |
|
Dec. 17, 2020 | ||
20-512
|
NCAA v. Alston
Order |
|
Dec. 17, 2020 | ||
20-520
|
AM. Athletic Conference v. Alston
Order |
|
Dec. 17, 2020 | ||
B276486
|
Hipsher v. Los Angeles County Employees Retirement
Plaintiff's pension rights may properly be modified due to condition subsequent of commission of job- related felony. |
Government |
|
T. Willhite | Dec. 17, 2020 |
B301344
|
People v. Jinkins
Appeal dismissed because unauthorized sentence exception was inapplicable to defendant's factual arguments regarding ability to pay. |
Criminal Law and Procedure |
|
C. Moor | Dec. 17, 2020 |
D075400
|
Calleros v. Rural Metro of San Diego
Appeal of class certification motion was held moot because of Proposition 11's retroactive application. |
statutory_interpretation |
|
J. Haller | Dec. 17, 2020 |
A158609
|
People v. France
For retroactivity purposes, order placing defendant on probation with execution of sentence suspended was provisional or conditional, not final judgment; thus, Senate Bill No. 136 applied retroactively. |
statutory_interpretation |
|
T. Brown | Dec. 17, 2020 |
B297984
|
Coast Hematology Oncology v. Long Beach Memorial Medical Center
Trial court erred in granting defendant's motion for summary judgment as to plaintiff's misappropriation of its 'physician productivity' trade secret claim. |
Torts |
|
J. Wiley | Dec. 17, 2020 |
B301929
|
Garcia v. KND Development 52, LLC
Petition to compel arbitration was properly denied because hospital failed to meet its burden in proving agent had authority to execute arbitration agreements. |
Arbitration |
|
N. Manella | Dec. 17, 2020 |
C074411
|
People v. Koenig
Panel found harmless error in not providing mistake of law instruction to jury for defendant's omissions based on attorneys' advice. |
Criminal Law and Procedure |
|
W. Murray | Dec. 17, 2020 |
20-16169
|
Calvary Chapel Dayton Valley v. Sisolak
Plaintiff demonstrated likelihood of success on its Free Exercise claim because Nevada Directive was not narrowly tailored to serve compelling interest of slowing spread of COVID-19. |
Constitutional Law |
|
M. Smith | Dec. 17, 2020 |
19-16849
|
Innova Solutions v. Baran
U.S. Citizenship and Immigration Services' reading of Department of Labor's Occupational Outlook Handbook was arbitrary and capricious, warranting reversal of summary judgment. |
Immigration |
|
J. Owens | Dec. 17, 2020 |
19-15771
|
Attia v. Google
District court properly dismissed plaintiff's Defend Trade Secrets Act claim because defendant's patent applications containing trade secret extinguished its trade secret status. |
Civil Procedure |
|
J. Wallace | Dec. 17, 2020 |
20A105
|
High Plains Harvest Church v. Polis
Order |
|
Dec. 16, 2020 | ||
B299886
|
People v. Hester
Dirk or dagger exemption excludes only nonlocking folding knives, non-switchblade folding knives, and pocketknives; thus, box cutter qualifies as dirk or dagger. |
Criminal Law and Procedure |
|
E. Grimes | Dec. 16, 2020 |
B302291
|
People v. Yanaga
Resentencing judge prejudicially erred by refusing to consider appellant's postjudgment rehabilitative efforts in prison after firearm enhancement was reversed and remanded to trial court. |
Criminal Law and Procedure |
|
K. Yegan | Dec. 16, 2020 |
E071700
|
People v. Hines
Trial court correctly found that defendant was fit to stand trial after counsel failed to link defendant's mental health history to his competence. |
Criminal Law and Procedure |
|
M. Slough | Dec. 16, 2020 |
B304063
|
In re A.G.
Substantial evidence supported juvenile court's conclusions that defendant intended his post on Snapchat of realistic looking replica gun to be understood as a threat. |
Juveniles |
|
B. Currey | Dec. 16, 2020 |
16-50422
|
U.S. v. Hardiman
'United States v. Pimentel-Lopez' does not apply retroactively to cases on collateral review; thus, district court properly denied appellant's 28 U.S.C. Section 2255 motion. |
statutory_interpretation |
|
P. Curiam (9th Cir.) | Dec. 16, 2020 |
20-1050
|
In re Koshkalda
Although appellant was properly declared vexatious litigant, pre-filing order in main bankruptcy case was overbroad and prefiling order in adversary proceeding was not necessary. |
Bankruptcy |
|
G. Spraker | Dec. 16, 2020 |
D074673
|
Modification: Spotlight on Coastal Corruption v. Kinsey
Trial court erroneously determined that plaintiff had public interest standing because plaintiff's action was for civil fines and attorneys' fees and not for writ of mandate. |
Constitutional Law |
|
Dec. 16, 2020 | |
20A104
|
Bourgeois v. Watson
Order |
|
Dec. 15, 2020 | ||
20-222
|
Goldman Sachs Group v. AR Teacher Retirement
Order |
|
Dec. 15, 2020 | ||
65, Orig.
|
Texas v. New Mexico
New Mexico was entitled to delivery credit pursuant to Section C.5 of the River Master's Manual after water stored at the request of Texas evaporated in storage. |
Water Rights |
|
B. Kavanaugh | Dec. 15, 2020 |