Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B299031
|
Chacon v. Union Pacific Railroad
Release of Federal Employers' Liability Act claim is valid only to extent that it applies to bargained-for settlement of known claim for specific injury. |
statutory_interpretation |
|
E. Lui | Oct. 28, 2020 |
D076124
|
People v. Shaw
No abuse of discretion in trial court's decision not to strike defendant's five-year enhancement imposed under Penal Code Section 667(a)(1). |
Criminal Law and Procedure |
|
W. Dato | Oct. 28, 2020 |
B298798
|
Truck Insurance Exchange v. AMCO Insurance Co.
Because liability arose from restaurant's use of premises, landlords were additional insureds under restaurant's insurance policy; thus, landlord's insurer was entitled to equitable contribution. |
Insurance |
|
A. Collins | Oct. 28, 2020 |
19-15105
|
Cortesluna v. Leon
Genuine issue of fact existed as to whether defendant used excessive force in kneeling on plaintiff's back when plaintiff was lying face down after being struck by beanbag rounds. |
Civil Rights |
|
S. Graber | Oct. 28, 2020 |
19-55164
|
Amended Opinion: Monzon v. City of Murrieta
District court properly granted defendant's summary judgment motion because police officer's use of deadly force was reasonable. |
Civil Rights |
|
L. VanDyke | Oct. 28, 2020 |
19-16167
|
Bliss v. Corecivic Inc.
Each interception of privileged phone calls was a separate violation of Wiretap Act, thus triggering new statute of limitations. |
statutory_interpretation |
|
D. Forrest | Oct. 28, 2020 |
A155063
|
Modification: Gruber v. Yelp Inc.
Penal Code Sections 632 and 637.2 are primarily intended to protect the privacy of the communications of California residents, and therefore, apply to all recordings of such communications--whether one-sided or two-sided. |
Civil Procedure |
|
T. Jackson | Oct. 27, 2020 |
B293850
|
Lares v. Los Angeles County Metropolitan
Trial court properly granted summary judgment in favor of defendant because defendant did not violate California Family Rights Act. |
Employment Law |
|
T. Willhite | Oct. 27, 2020 |
B303310
|
In re J.W.
Trial court properly admitted officer's testimony regarding minor's answers to booking questions about his age and date of birth because it fell under routine booking question exception to 'Miranda' warnings. |
Juveniles |
|
B. Hoffstadt | Oct. 27, 2020 |
G057244
|
Santana v. FCA US, LLC
There was no evidence defendant was aware of vehicle's defect until after plaintiff purchased his vehicle, and thus no evidence that defendant concealed it. |
Remedies |
|
R. Ikola | Oct. 27, 2020 |
A160793
|
Lacayo v. Superior Court (People)
Trial court erred in ruling that particularized good cause showing could justify extending defendant's preliminary hearing beyond 60 days. |
Criminal Law and Procedure |
|
I. Petrou | Oct. 27, 2020 |
E074244
|
Tellez v. Superior Court
Because Legislature intended DUI offenses to be ineligible for mental health diversion, Vehicle Code Section 23640 controls over Penal Code Section 1001.36. |
statutory_interpretation |
|
F. Menetrez | Oct. 27, 2020 |
B299677
|
People v. Foley
Defendant's conviction for molesting his grandchild, suffered in separate proceeding that concluded long before trial of his offenses against his other grandchild did not fall within One Strike law's multiple victim circumstance. |
Criminal Law and Procedure |
|
L. Edmon | Oct. 27, 2020 |
B300043
|
People v. Ford
Appellant was denied his constitutional right to be present at his pretrial hearing where court found him incompetent to decide if he wanted jury trial and error was prejudicial. |
Criminal Law and Procedure |
|
N. Manella | Oct. 27, 2020 |
17-10252
|
Amended Opinion: U.S. v. Johnson
Although government did not prove at trial that defendant knew of his status as convicted felon, court records contained information about his prior felony convictions and years served in prison. |
Criminal Law and Procedure |
|
P. Watford | Oct. 27, 2020 |
19-17606
|
Thorne v. U.S. Dept. of State
District court did not abuse its discretion in denying plaintiffs' preliminary injunction because plaintiffs did not sufficiently establish that they had been 'de facto debarred' under 22 C.F.R. Section 127.7. |
Administrative Agencies |
|
E. Siler | Oct. 27, 2020 |
B299939
|
People v. Lizarraga
Defendant's case was final when he requested a transfer hearing under Proposition 57, and Proposition 57 does not apply to final judgments. |
Criminal Law and Procedure |
|
L. Rubin | Oct. 26, 2020 |
A155108
|
People v. Baratang
Trial court prejudicially erred by instructing jury it could convict defendant of felony elder theft based on identity theft theory regardless of value of property taken or obtained. |
Criminal Law and Procedure |
|
C. Fujisaki | Oct. 26, 2020 |
A160701
|
People v. Uber Technologies, Inc.
Because drivers performed services for defendant rideshare companies in usual course of defendants' businesses, there was reasonable probability of prevailing on drivers' claim that defendants misclassified drivers. |
Employment Law |
|
J. Streeter | Oct. 26, 2020 |
C083250
|
Carroll v. Commission on Teacher Credentialing
Trial court abused its discretion by permitting plaintiff's counsel to question defendant witnesses on, and asking jury to draw negative inferences from, defendant's exercise of attorney-client privilege. |
Evidence |
|
H. Hull | Oct. 26, 2020 |
20A67
|
Merrill v. People First of Alabama
Order |
|
Oct. 23, 2020 | ||
H044661
|
Modification: Reyes v. Kruger
Appellant's challenge to the order on anti-SLAPP motions was not cognizable on appeal from the judgment. |
Anti-SLAPP |
|
E. Premo | Oct. 23, 2020 |
19-10092
|
U.S. v. Alhaggagi
District court abused its discretion in applying terrorism enhancement to defendant's sentence because defendant did not have necessary mental state to trigger enhancement. |
Criminal Law and Procedure |
|
M. Smith | Oct. 23, 2020 |
19-17480
|
State of California v. U.S. Environmental Protection Agency
District court abused its discretion in refusing to modify injunction that was based on law that has been altered to permit what was previously forbidden. |
Environmental Law |
|
P. Bumatay | Oct. 23, 2020 |
19-16626
|
Ventura v. Rutledge
It was not clearly established that use of deadly force was unconstitutional where decedent, armed with knife, advanced within striking distance of another, and ignored officer's orders to drop knife. |
Civil Rights |
|
M. Bennett | Oct. 23, 2020 |
19-35113
|
Boardman v. Inslee
State did not engage in viewpoint discrimination by simply disclosing personal information of public or quasi-public employees to their exclusive collective bargaining representative, while denying equal access to public. |
Civil Rights |
|
N. Smith | Oct. 23, 2020 |
A155219
|
Epstein v. Vision Service Plan
Health and Safety Code Section 1367 did not bar parties to network provider agreement from agreeing to arbitration in lieu of subsequent judicial review through administrative mandamus. |
Arbitration |
|
K. Banke | Oct. 23, 2020 |
B300072
|
Lowry v. Port San Luis Harbor Dist.
Because plaintiff filed his complaint on the same day he applied to submit a late claim without waiting for public entity's response, Government Claims Act was not satisfied. |
Civil Procedure |
|
M. Tangeman | Oct. 23, 2020 |
B301138
|
Leah B. v. Michael V.
Appellant was not permitted to use civil harassment order process to collaterally attack confidential child dependency and adoption proceeding concerning her biological daughter. |
Dependency |
|
K. Yegan | Oct. 23, 2020 |
B300575
|
Modification: People v. Allison
Defendant convicted of murder with felony-murder special circumstance was properly held ineligible for resentencing under Penal Code Section 1170.95. |
Criminal Law and Procedure |
|
F. Rothschild | Oct. 23, 2020 |