Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
18-50120
|
U.S. v. Bacon
When panel of this court concludes that district court committed non-harmless 'Daubert' error, panel has discretion to impose remedy 'as may be just under circumstances.' |
Evidence |
|
S. Thomas | Nov. 6, 2020 |
19-16055
|
Urbina v. National Business Factors
Fair Debt Collection Practices Act's bona fide error defense does not allow debt collectors to avoid liability by contractually obligating creditor-clients to provide accurate information. |
statutory_interpretation |
|
M. Christen | Nov. 6, 2020 |
C087700
|
AMCAL Chico LLC v. Chico Unified School Dist.
School impact fees imposed on newly constructed dormitory complex within boundaries of school district was proper. |
Education |
|
V. Raye | Nov. 6, 2020 |
B299065
|
People v. Nunez
A defendant convicted of murder with a felony-murder special circumstance finding is not eligible for resentencing under Penal Code Section 1170.95 as a matter of law. |
statutory_interpretation |
|
E. Lui | Nov. 5, 2020 |
B294975
|
Swain v. Laseraway Medical Group
Trial court did not err in ruling defendant could not enforce arbitration agreement against plaintiff because arbitration agreement was unconscionable. |
Arbitration |
|
J. Segal | Nov. 5, 2020 |
B302038
|
Conservatorship of S.A.
Conservatorship granted to mother because schizophrenic daughter was gravely disabled, meaning she was unable to provide for her own food, clothing, or shelter. |
Conservatorship |
|
J. Wiley | Nov. 5, 2020 |
B298130
|
Yazdi v. Dental Board of California
Substantial evidence supported trial court's decision to deny petitioner's writ of mandate challenging Dental Board's decision to revoke his dental license. |
Administrative Agencies |
|
Z. Sinanian | Nov. 5, 2020 |
E073322
|
Changsha Metro Group Co. v. Xufeng
Code of Civil Procedure Section 128.5(f)'s procedure was inapplicable to requests for attorney's fees in frivolous anti-SLAPP suits. |
Anti-SLAPP |
|
D. Miller | Nov. 5, 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 |
|
Nov. 5, 2020 | |
A158851
|
McCluskey v. Henry
Trial court did not abuse its discretion in sanctioning plaintiff's counsel under Code of Civil Procedure Section 128.7 because counsel's motion to lift the stay was indisputably without merit. |
Civil Procedure |
|
I. Petrou | Nov. 4, 2020 |
B305225
|
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. 4, 2020 |
C077992
|
People v. Winkler
During murder trial of defendant's third wife, trial court erred by presenting evidence of defendant's second wife's death in 1999, but error was harmless given strength of admissible evidence. |
Evidence |
|
W. Murray | Nov. 4, 2020 |
E073190
|
People v. Stockman
Although there is no basis for model jury instructions CALCRIM No. 2100 and CALCRIM No. 2110 to differ from one another regarding whether defendant was under the influence, any error was harmless. |
Criminal Law and Procedure |
|
M. Raphael | Nov. 4, 2020 |
A159144
|
Manson Construction Co. v. County of Contra Costa
Vessel Use Exemption to property taxation did not apply to plaintiff's vessels, which were not 'engaged in the transportation of freight' within the meaning of the exemption. |
Tax |
|
I. Petrou | Nov. 4, 2020 |
19-1261
|
Taylor v. Riojas
No reasonable correctional officer could have concluded it was constitutionally permissible to house naked inmate in feces-covered cell for six days. |
Constitutional Law |
|
P. Curiam (USSC) | Nov. 4, 2020 |
19-1108
|
Mckesson v. Doe
Fifth Circuit should not have ventured into uncertain area of tort law without first seeking guidance on controlling state law from state's supreme court. |
Constitutional Law |
|
P. Curiam (USSC) | Nov. 4, 2020 |
19-1098
|
National Football League v. Ninth Inning, Inc.
Order |
|
Nov. 4, 2020 | ||
19-55042
|
Grigsby v. BofI Holding
District court erred by concluding that article containing information obtained through Freedom of Information Act request could not qualify as corrective disclosure for purposes of establishing loss causation. |
Securities |
|
M. Christen | Nov. 4, 2020 |
B293960
|
Niedermeier v. FCA US LLC
Plaintiff's restitution award under Song-Beverly Consumer Warranty Act was reduced to account for credit plaintiff received towards purchase price of new vehicle when she traded in her defective vehicle. |
Remedies |
|
H. Bendix | Nov. 3, 2020 |
D077038
|
People v. Kruse
Because jury was instructed on the way of violating Penal Code Section 69 that does not necessarily include violation of Section 148(a)(1), court properly refused to instruct on latter as lesser included offense. |
Criminal Law and Procedure |
|
P. Benke | Nov. 3, 2020 |
B292539
|
Hoffmann v. Young
Defendant's express invitation of plaintiff to come onto his parents' property operated as express invitation by landowner under Civil Code Section 846(d)(3) and thereby stripped defendant's parents of immunity. |
Torts |
|
K. Yegan | Nov. 3, 2020 |
H045757
|
Pinto Lake MHP LLC v. County of Santa Cruz
Trial court properly concluded that residents of mobile home park were necessary parties to owner's lawsuit seeking rent increase but remand was necessary to determine whether lawsuit should proceed in residents' absence. |
Civil Procedure |
|
A. Grover | Nov. 3, 2020 |
B298570
|
People v. Roldan
Defendant's Penal Code Section 1170.95 petition for resentencing was properly denied because he was convicted under actual implied malice theory, not malice imputed under natural and probable consequences doctrine. |
Criminal Law and Procedure |
|
V. Chaney | Nov. 3, 2020 |
A158095
|
People v. Reyes
Attempting to dissuade witness from reporting crime under Penal Code Section 136.1(b)(1) applies only to dissuasion of reports about completed crimes, not future crimes. |
statutory_interpretation |
|
J. Streeter | Nov. 3, 2020 |
A158186
|
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. 3, 2020 |
H047254
|
People v. Lopez
Penal Code Section 1170.95 requires the prosecutor to prove beyond a reasonable doubt each element of first or second degree murder under current law in order to establish ineligibility. |
statutory_interpretation |
|
F. Elia | Nov. 3, 2020 |
19-35700
|
Coleman v. Saul
Administrative law judge did not err in discounting claimant's testimony based on her finding that claimant had engaged in drug-seeking behavior. |
Administrative Agencies |
|
R. Gilman | Nov. 3, 2020 |
B296926
|
Deiro v. L.A. County Civil Service Commission
Civil Service Commission properly dismissed plaintiff's appeal because it had no jurisdiction to order reinstatement to a retired person whose future status as an employee is no longer at issue. |
Administrative Agencies |
|
E. Grimes | Nov. 2, 2020 |
G058222
|
Modification: People v. Zorich
Trial court lacked substantial evidence to deny defendant's petition under Proposition 47 because he submitted evidence from Kelley Blue Book indicating value of stolen vehicle was less than $950. |
Criminal Law and Procedure |
|
E. Moore | Nov. 2, 2020 |
B300824
|
Levine v. Berschneider
Sanctions were proper against attorney who told court that he received no word from opposing counsel at hearing to enforce settlement agreement even though settlement was paid in full. |
Civil Procedure |
|
K. Yegan | Nov. 2, 2020 |