Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B301158
|
Triyar Hospitality Management v. WSI (II) HWP
Judgment based on alter ego doctrine was affirmed because company owners personally funded underlying litigation, there was unity of interest and ownership, and inequity would otherwise result. |
Civil Procedure |
|
A. Gilbert | Nov. 23, 2020 |
A157917
|
People v. Williams
Trial court did not err in determining that it could consider hearsay information contained in this court's prior opinion on defendant's appeal because hearsay information contained therein was reliable. |
Evidence |
|
I. Petrou | Nov. 23, 2020 |
G057176
|
Modification: Cornerstone Realty Advisors, LLC v. Summit Healthcare
Trial court erred by categorically denying defendant's attorney's fees incurred before July 12, 2016 as a result of plaintiff's abuse of the discovery process. |
Civil Procedure |
|
R. Fybel | Nov. 23, 2020 |
B298265
|
Reuter v. Macal
Lower court's application of 'Muktarian v. Barmby's tolling rule was affirmed because plaintiff was in continuous possession of the property. |
Real Property |
|
D. Kim | Nov. 20, 2020 |
B295632
|
State Lands Commission v. Plains Pipeline, L.P.
Plaintiff was not entitled to immunity from liability as public utility because it does not deliver essential municipal services to members of the general public. |
Torts |
|
A. Gilbert | Nov. 20, 2020 |
B299638
|
People v. Swanson
Appellant was convicted of provocative act murder, which requires the perpetrator act with conscious disregard for life; thus, he was ineligible for relief under Senate Bill No. 1437. |
Criminal Law and Procedure |
|
V. Chaney | Nov. 20, 2020 |
E074674
|
People v. Gallo
Penal Code Section 1170.95 did not apply to defendant because he was the sole killer and jury found him guilty of second degree murder under Section 187(a). |
Criminal Law and Procedure |
|
D. Miller | Nov. 20, 2020 |
B291940
|
Los Angeles Unified School Dist. v. Torres Construction Corp.
Trial court properly denied defendant's motion for summary judgment because job order contract was an enforceable contract, not just an agreement to negotiate. |
Contracts |
|
M. Stratton | Nov. 19, 2020 |
D075907
|
Jones v. Goodman
Defendant not entitled to attorney fees based on plaintiff's claims lacking legal merit, without further evidence that plaintiff subjectively acted in bad faith. |
Civil Procedure |
|
P. Guerrero | Nov. 19, 2020 |
B300321
|
Ortega v. Johnson
Under Manual of Policies and Procedures Section 63-603, a Department of Social Services Regulation, recipients of CalFresh benefits are entitled to have benefits restored when benefits are lost due to theft. |
Administrative Agencies |
|
T. Willhite | Nov. 19, 2020 |
19-72745
|
Castillo v. Barr
Board of Immigration Appeals' decision to give reduced weight to expert's opinion on basis that it was not corroborated by other evidence was erroneous. |
Immigration |
|
J. Wallace | Nov. 19, 2020 |
C092118
|
People v. Roseberry
Defendant's second in-prison felony sentence was affirmed because he failed to carry his burden to show error by an adequate record. |
statutory_interpretation |
|
H. Hull | Nov. 19, 2020 |
17-56292
|
Hardwick v. County of Orange
District court did not err in concluding that issues litigated in plaintiff's mother's state case and plaintiff's federal case were not identical; thus plaintiff could not invoke issue preclusion. |
Civil Rights |
|
R. Paez | Nov. 19, 2020 |
A158186
|
Modification: People v. Braud
When a postrelease supervision violation and reinstatement both occur during the probationary period, a court may extend the termination date by tolling. |
Criminal Law and Procedure |
|
L. Burns | Nov. 19, 2020 |
H047473
|
Modification: Menifee v. Superior Court (The People)
Although certain components of gang expert's testimony were inadmissible under 'People v. Sanchez,' remaining admissible evidence presented at preliminary hearing was sufficient to hold defendant to answer. |
Evidence |
|
E. Premo | Nov. 19, 2020 |
19-56228
|
Castillo v. Bank of America
Plaintiff was properly denied class certification in wage and hour action against defendant, because large portion of proposed class was never underpaid. |
Civil Procedure |
|
R. Gould | Nov. 19, 2020 |
18-70666
|
Sanchez Rosales v. Barr
Board of Immigration Appeals abused its discretion by denying petitioners' motion to reopen based on failure to show prejudice. |
Immigration |
|
J. Choe-Groves | Nov. 19, 2020 |
20A70
|
Valentine v. Collier
Order |
|
Nov. 18, 2020 | ||
C085041
|
County of Monterey v. Bosler
Trial court properly determined that agreement entered by private developer and former redevelopment agency was unenforceable under Assembly Bill 1X 26. |
Administrative Agencies |
|
E. Duarte | Nov. 18, 2020 |
B303744
|
In re Williams
Defendants serving life without parole sentences based on offenses they committed after they had attained age 18 are not eligible for youth offender parole hearings. |
statutory_interpretation |
|
L. Rubin | Nov. 18, 2020 |
A157152
|
People v. Bankers Insurance Company
Trial court implicitly found sufficient excuse for defendant's absence at two prior occasions when defendant failed to appear at pretrial hearings, so it properly forfeited bond when defendant failed to appear for trial. |
Civil Procedure |
|
S. Pollak | Nov. 18, 2020 |
G058609
|
Moore v. Superior Court (Barsky)
Petitioner's bad faith participation and obstreperous misconduct at mandatory settlement conference was contemptuous, but four counts of contempt were reduced to one count under Penal Code Section 654. |
Attorneys |
|
T. Goethals | Nov. 18, 2020 |
19-55422
|
KST Data v. Enterprise Services
Defendant was not required to file new answer to amended complaint reasserting its affirmative defenses when amended complaint contained same material allegations as complaint. |
Civil Procedure |
|
E. Melgren | Nov. 18, 2020 |
19-17102
|
Lambert v. Saul
Administrative law judge correctly performed claimant's disability review without applying continuing disability presumption, but erred in failing to provide sufficient reasons for rejecting claimant's testimony about severity of her medical condition. |
Administrative Agencies |
|
D. Bress | Nov. 18, 2020 |
12-16414
|
Amended Opinion: Balbuena v. Sullivan
Petitioner's confession was voluntary because he was read his 'Miranda' warnings, his interview was non-threatening, and there was no evidence he was easy to manipulate. |
Criminal Law and Procedure |
|
B. Bade | Nov. 18, 2020 |
20-107
|
Cedar Point Nursery v. Hassid
Order |
|
Nov. 17, 2020 | ||
20-140
|
Heidari v. Barr
Order |
|
Nov. 17, 2020 | ||
20-5216
|
Anderson v. U.S.
Order |
|
Nov. 17, 2020 | ||
20-16767
|
Harris v. KM Industrial, Inc.
Defendant failed to establish the amount-in-controversy by relying on unreasonable assumptions. |
Civil Procedure |
|
R. Eaton | Nov. 17, 2020 |
A157026
|
Brennon B. v. Superior Court (West Contra Costa Unified School District)
Public school districts are not business establishments under Unruh Civil Rights Act. |
Civil Rights |
|
K. Banke | Nov. 17, 2020 |