Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
H047473
|
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. 17, 2020 |
H046618
|
People v. Lopez
Suspending execution of sentence to place defendant on mandatory supervision did not constitute a final judgment for purposes of retroactively applying an ameliorative statutory amendment. |
statutory_interpretation |
|
A. Grover | Nov. 17, 2020 |
D076576
|
People v. Grant
There was no evidence from which jury could reasonably infer that merchandise's comparable values displayed on tags attached to stolen items at outlet store reflected their fair market values. |
Criminal Law and Procedure |
|
J. Haller | Nov. 16, 2020 |
F078219
|
People v. Baltazar
Senate Bill No. 620 applies retroactively to nonfinal cases and not to persons whose sentences have become final, except insofar as such person may be resentenced under some other law. |
statutory_interpretation |
|
J. Detjen | Nov. 16, 2020 |
B305225
|
Modification: In re Christopher L.
Although trial court erred in denying parent counsel at jurisdiction/disposition hearing, error was harmless because he would not have obtained more favorable result. |
Dependency |
|
F. Rothschild | Nov. 16, 2020 |
G058323
|
Brown v. TGS Management Co., LLC
Arbitrator exceeded his power in issuing award enforcing provisions of employment agreement which illegally restricted plaintiff's right to work. |
Arbitration |
|
R. Aronson | Nov. 16, 2020 |
18-35956
|
U.S. v. Allahyari
District court erred by holding that defendant's 2005 deed of trust was not entitled to priority over later-recorded federal tax liens. |
Tax |
|
J. Tunheim | Nov. 16, 2020 |
19-15352
|
National University of Health Sciences v. Council on Chiropractic Education
Defendant did not act arbitrarily and capriciously when it simultaneously reaffirmed plaintiff's accreditation and imposed probation. |
Education |
|
M. Murphy | Nov. 16, 2020 |
19-30237
|
U.S. v. Robertson
Because Criminal Justice Act reimbursement may be ordered in absence of conviction, CJA reimbursement is not part of criminal proceeding that is extinguished by abatement. |
Criminal Law and Procedure |
|
R. Stearns | Nov. 13, 2020 |
B299044
|
People v. Johnson
Senate Bill No. 1437 does not provide relief to defendants convicted of murder under provocative act murder doctrine. |
statutory_interpretation |
|
K. Yegan | Nov. 12, 2020 |
A158676
|
People v. O'Hearn
Defendant received ineffective assistance of counsel when counsel was aware of defendant's mental health issues, such as schizoaffective disorder, but failed to provide mental defenses. |
Criminal Law and Procedure |
|
J. Kline | Nov. 12, 2020 |
G057740
|
Semprini v. Wedbush Securities, Inc.
Defendant's compensation plan based solely on commissions, with recoverable advances on future commissions, did not satisfy salary basis test; thus, administrative exemption did not apply. |
Labor Law |
|
T. Goethals | Nov. 11, 2020 |
B296392
|
People v. Falcon
Appellant failed to make prima facie showing under Penal Code Section 1170.95 because his preliminary hearing transcript showed he was being prosecuted as aider and abettor. |
Criminal Law and Procedure |
|
M. Stratton | Nov. 11, 2020 |
D075479
|
Cruz v. Fusion Buffet, Inc.
Trial court did not abuse its discretion in awarding plaintiff some portion of her attorney fees even though she ultimately recovered less than the limited jurisdiction amount. |
Remedies |
|
C. Aaron | Nov. 11, 2020 |
C079078
|
Modification: American Chemistry Council v. Office of Environmental Health Hazard Assessment
Office of Environmental Health Hazard Assessment did not abuse its discretion in failing to consider committee's determination not to list Bisphenol A as reproductive toxicant under Proposition 65. |
Environmental Law |
|
W. Murray | Nov. 11, 2020 |
16-56666
|
Chambers v. Whirlpool Corp.
Under Class Action Fairness Act, court should use percentage-of-value, not lodestar, methodology for the portion of the settlement involving coupons. |
Civil Procedure |
|
K. Lee | Nov. 11, 2020 |
19-1442
|
Carr v. Saul
Order |
|
Nov. 10, 2020 | ||
20-105
|
Davis v. Saul
Order |
|
Nov. 10, 2020 | ||
G057888
|
Levy v. Only Cremations for Pets, Inc.
Trial court erred in dismissing plaintiffs' trespass to chattel claim alleging that they did not receive their pets' ashes, which were instead comingled with ashes of other animals. |
Torts |
|
R. Ikola | Nov. 10, 2020 |
D074992
|
Modification: People v. Wilson
Government's warrantless search of four child pornography images in defendant's email was permissible under private search doctrine. |
Criminal Law and Procedure |
|
P. Guerrero | Nov. 10, 2020 |
G057657
|
Modification: People v. Son
An officer who has extensively reviewed a video may offer a narration, pointing out particulars that a casual observer might not see. |
Evidence |
|
R. Ikola | Nov. 10, 2020 |
19-16227
|
Stone v. UnitedHealthcare Insurance Co.
Denial of coverage did not violate Parity Act because it was based solely on plan's exclusion of coverage for out-of-state treatment, which applied equally to mental and physical illnesses. |
Health Care |
|
A. Tashima | Nov. 10, 2020 |
19-16439
|
San Francisco Taxi Coalition v. City and County of San Francisco
City's regulations favoring taxi drivers who recently obtained medallions over those who obtained them long ago did not violate equal protection clause under rational basis review. |
Constitutional Law |
|
K. Lee | Nov. 10, 2020 |
17-60032
|
In re Brace
Bankruptcy court's determination that community property presumption applied to Appellants' second property was vacated because record was unclear regarding when Appellants acquired that property. |
Bankruptcy |
|
D. Ezra | Nov. 10, 2020 |
D077361
|
People v. Lamoureux
Trial court is not required to apply excess custody credits to offset parole supervision period of person resentenced under Senate Bill No. 1437. |
statutory_interpretation |
|
J. McConnell | Nov. 9, 2020 |
18-50122
|
U.S. v. King
Because defendant did not object at trial to district court's omission of knowledge-of-status element of his offense, defendant could not prevail in vacating his conviction under plain-error review. |
Criminal Law and Procedure |
|
E. Korman | Nov. 9, 2020 |
Amended Opinion: Quidel Corporation v. Superior Court (San Diego)
Business and Professions Code Section 16600 does not invalidate all contractual noncompete provisions, outside the employment context; thus, summary adjudication was not appropriate. |
Business Law |
|
Nov. 9, 2020 | ||
A159680
|
Kevin P. v. Superior Court (People)
Juvenile court improperly evaluated Welfare and Institutions Code Section 707's rehabilitation criterion in determining minor was unfit for juvenile system despite evidence to the contrary. |
Juveniles |
|
J. Humes | Nov. 9, 2020 |
B300163
|
People v. Garcia
Appellant could still be convicted of murder as aider and abettor because he directed gang member to stab victim; thus, appellant was ineligible for relief under SB 1437. |
statutory_interpretation |
|
K. Yegan | Nov. 6, 2020 |
18-17320
|
Wells Fargo v. Mahogany Meadows Avenue Trust
Because enactment of Nevada Revised Statutes Section 116.3116 predated creation of appellant's lien on property, appellant could not establish that it suffered an uncompensated taking. |
Constitutional Law |
|
E. Miller | Nov. 6, 2020 |