Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
G058522
|
Kramer v. Traditional Escrow
Lower court erred in granting equitable relief from default judgment to defendants because defendants were unaware of the amended complaint due to their own negligence. |
Civil Procedure |
|
E. Moore | Oct. 22, 2020 |
B301302
|
People v. Douglas
Defendant planned and led armed robbery, gave his loaded gun to recruited gang member, and showed no interest in aiding suffering victim; thus, he was disqualified from resentencing under Penal Code Section 1170.95. |
statutory_interpretation |
|
J. Wiley | Oct. 22, 2020 |
A160122
|
In re Von Staich
California Department of Corrections and Rehabilitation acted with deliberate indifference to the risk of petitioner contracting COVID-19 by failing to implement measures to permit physical distancing between inmates. |
Prisoners' Rights |
|
J. Kline | Oct. 22, 2020 |
19-55204
|
Stover v. Experian Holdings
In order to bind parties to new terms pursuant to change-of-terms provision, both parties must have notice that terms have changed and an opportunity to review those changes. |
Arbitration |
|
M. Smith | Oct. 22, 2020 |
A159623
|
Paul Blanco's Good Car Co. Auto Group v. Superior Court (People)
If the admission of the truth of the complaint might subject a corporation to criminal prosecution, the corporation does not have to verify its answer. |
Civil Procedure |
|
H. Needham | Oct. 22, 2020 |
D074992
|
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 | Oct. 22, 2020 |
F079378
|
In re Nelson
'People v. Gallardo,' which limits a sentencing court's factfinding abilities for prior conviction enhancements, does not retroactively apply on collateral review of final convictions. |
Criminal Law and Procedure |
|
J. Detjen | Oct. 22, 2020 |
E072470
|
Guerrero v. Hestrin
Trial court's decision to deny a wiretap disclosure constituted an abuse of discretion because it applied the wrong standard. |
Constitutional Law |
|
M. Raphael | Oct. 22, 2020 |
20-1085
|
In re Phillip Johnny Rodriguez and Jennifer Lynn Rodriguez
Bankruptcy court properly concluded that Debtors' vehicle operation expense was limited to the numerical value specified in the Internal Revenue Service's Local Standards table. |
Bankruptcy |
|
L. Taylor | Oct. 21, 2020 |
19-1212
|
Wolf v. Innovation Law Lab
Order |
|
Oct. 21, 2020 | ||
20-18
|
Lange v. California
Order |
|
Oct. 21, 2020 | ||
20-138
|
Trump v. Sierra Club
Order |
|
Oct. 21, 2020 | ||
G057657
|
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 | Oct. 21, 2020 |
19-15530
|
Marino v. Ocwen Loan Servicing
Summary judgment in favor of mortgage servicer who obtained consumers' credit report following bankruptcy discharge was proper because they had permissible reasons to obtain reports. |
Consumer Law |
|
L. Adelman | Oct. 21, 2020 |
18-72441
|
Ortega-Lopez v. Barr
Board of Immigration Appeals properly concluded that petitioner had been convicted of an offense under 8 U.S.C. Section 1227(a)(2) and thus ineligible for cancellation of removal under Section 1229b(b). |
Immigration |
|
S. Ikuta | Oct. 21, 2020 |
G058719
|
People v. Marquez
Nothing in Marsy's Law restricts the Legislature from creating new postconviction procedures, such as Penal Code Section 1170.95. |
statutory_interpretation |
|
R. Fybel | Oct. 21, 2020 |
A152462
|
Modification: Skaff v. Rio Nido Roadhouse
Plaintiff could not be awarded attorney fees under catalyst theory because claim on which it was based was objectively without legal merit. |
Civil Procedure |
|
G. Sanchez | Oct. 21, 2020 |
E074417
|
People v. Villa
While evidence of victim's application for U visa was relevant to show motive to testify falsely, trial court did not abuse its discretion by excluding it under Evidence Code Section 352. |
Evidence |
|
M. Slough | Oct. 20, 2020 |
E073545
|
People v. Bascomb
Because defendant planned home invasion robbery of known drug dealer while he was home, used firearms to push his way in, and forced victim to ground using guns, he acted with reckless indifference. |
Criminal Law and Procedure |
|
M. Slough | Oct. 20, 2020 |
D075690
|
County of San Diego v. P.B.
Lower court improperly attributed nonexistent timeshare to guideline for child support calculation to penalize an allegedly non-cooperative parent. |
Dependency |
|
P. Guerrero | Oct. 20, 2020 |
19-1301
|
Bovat v. Vermont
Order |
|
Oct. 20, 2020 | ||
19-1298
|
Rogers County Board of Tax Roll Corrections v. Video Gaming Technologies, Inc.
Order |
|
Oct. 20, 2020 | ||
19-35441
|
Childress v. Costco Wholesale
Order |
|
Oct. 20, 2020 | ||
B298730
|
Malott v. Summerland Sanitary Dist.
Lower court erred in requiring petitioner to exhaust administrative remedy that was inadequate to resolve petitioner's concerns. |
Administrative Agencies |
|
A. Gilbert | Oct. 20, 2020 |
B298952
|
People v. Hendrix
Trial court erroneously included 'reasonably' in bracketed language for 'mistake of fact' jury instructions, but error was harmless. |
Criminal Law and Procedure |
|
K. Yegan | Oct. 20, 2020 |
C079078
|
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 | Oct. 20, 2020 |
C089338
|
Modification: Gomez v. Smith
Trial court applied correct legal standard for mental capacity under Probate Code Sections 811 and 812. |
probate_and_trusts |
|
Oct. 20, 2020 | |
A156985
|
Garcia-Brower v. Premier Automotive Imports of CA, LLC
Trial court's grant of nonsuit was improper because reasonable jury could conclude that defendant misused employee's dismissed conviction to terminate her in violation of Labor Code Section 432.7. |
Labor Law |
|
G. Sanchez | Oct. 19, 2020 |
B302892
|
Modification: People v. Love
Defendants convicted of attempted murder on a natural and probable consequences theory are excluded from relief under Senate Bill 1437. |
statutory_interpretation |
|
B. Hoffstadt | Oct. 19, 2020 |
D076569
|
Provost v. YourMechanic, Inc.
Threshold issues involving whether plaintiff is an 'aggrieved employee' for purposes of representative PAGA-only action cannot be split into individual arbitrable and representative nonarbitrable components. |
Labor Law |
|
P. Benke | Oct. 19, 2020 |