Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
G058353
|
Modification: Murray v. UPS Capital Insurance Agency, Inc.
Plaintiff raised triable issue of fact as to whether defendant undertook special duty by holding itself out as having expertise in inland marine insurance. |
Torts |
|
K. O'Leary | Oct. 7, 2020 |
20-16759
|
Arizona Democratic Party v. Hobbs
Order |
|
Oct. 7, 2020 | ||
19-10014
|
U.S. v. Pacheco
Deportation is 'pending' for purposes of 18 U.S.C. Section 2246(5)(A) when victims are in unresolved deportation or removal proceedings; thus, defendant's convictions for sexually abusing noncitizen minors were affirmed. |
statutory_interpretation |
|
R. Dawson | Oct. 7, 2020 |
B299856
|
Doe v. Yim
Trial court did not abuse its discretion in disqualifying attorney from representing her daughter against attorney's ex-husband for alleged sexual abuse under advocate-witness rule. |
Attorneys |
|
N. Manella | Oct. 7, 2020 |
B300575
|
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. 6, 2020 |
C083898
|
People v. Martinez
Sufficient evidence supported jury's finding that defendant solicited or recruited minor to actively participate in a criminal street gang under Penal Code Section 186.26(a). |
Criminal Law and Procedure |
|
H. Hull | Oct. 6, 2020 |
B292609
|
Flagship Theatres of Palm Desert, LLC v. Century Theatres, Inc.
Plaintiff did not present substantial evidence of anticompetitive effects in the relevant geographic market. |
Antitrust |
|
F. Rothschild | Oct. 6, 2020 |
E074852
|
In re S.S.
Juvenile court's detriment finding was based on father's poverty, which is barred by statute and case law. |
Dependency |
|
M. Slough | Oct. 6, 2020 |
20-55951
|
Flores v. Barr
Opinion |
|
Oct. 6, 2020 | ||
18-15585
|
U.S. v. Sterling Centrecorp
Operator liability under CERCLA requires the actual participation in decisions related to pollution. |
statutory_interpretation |
|
M. Melloy | Oct. 6, 2020 |
H044395
|
Hooked Media Group, Inc. v. Apple Inc.
Broken promises regarding future conduct may be actionable as promissory fraud, but only if promisor did not actually intend to perform at the time the promise was made. |
Civil Procedure |
|
A. Grover | Oct. 5, 2020 |
B292458
|
Simgel Co., Inc. v. Jaguar Land Rover North America, LLC
A trial court has the authority to correct a mistaken verdict under Code of Civil Procedure Section 663. |
Civil Procedure |
|
E. Grimes | Oct. 5, 2020 |
B298958
|
Modification: Ramos v. Mercedes-Benz USA, LLC
Buyer may not obtain restitution of new vehicle's full price, where manufacturer failed to complete repairs within 30 days, but defect did not substantially impair vehicle's use, value or safety. |
Consumer Law |
|
E. Grimes | Oct. 5, 2020 |
B301147
|
People v. Betts
Penal Code Section 667.61(j)(2)'s One Strike law's sentencing provisions applied to convictions for lewd acts on a child under age 14. |
statutory_interpretation |
|
M. Tangeman | Oct. 5, 2020 |
B302892
|
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. 5, 2020 |
A157154
|
People v. American Surety Company
Trial court properly forfeited bond after defendant failed to appear even though bond posted was less than amount ordered by the court due to miscommunication. |
Criminal Law and Procedure |
|
T. Stewart | Oct. 5, 2020 |
B288396
|
Lopez v. City of Los Angeles
Because commercial business leasing property did no more than put driveway and gutter to their ordinary uses, it did not control area where plaintiff fell. |
Torts |
|
B. Hoffstadt | Oct. 5, 2020 |
H047586
|
In re J.P.
Pursuant to Family Code Section 7642, juvenile court had authority to determine that its prior order denying presumed parent status should be modified. |
Dependency |
|
E. Premo | Oct. 5, 2020 |
19-55898
|
Lockett v. County of Los Angeles
Government Code Section 945.3's 'based upon' language applied to plaintiff's 'Monell' claim, and his claim was properly tolled until dismissal of his criminal charges. |
Civil Rights |
|
P. Bumatay | Oct. 5, 2020 |
B298958
|
Ramos v. Mercedes-Benz USA, LLC
Buyer may not obtain restitution of new vehicle's full price, where manufacturer failed to complete repairs within 30 days, but defect did not substantially impair vehicle's use, value or safety. |
Consumer Law |
|
E. Grimes | Oct. 2, 2020 |
B301267
|
People v. McCallum
Trial court abused its discretion in denying defendant an opportunity to present information relevant to Secretary of Department of Corrections and Rehabilitation's recommendation for recall and resentencing. |
Criminal Law and Procedure |
|
G. Feuer | Oct. 2, 2020 |
19-55586
|
Arcona Inc. v. Farmacy Beauty
A trademark counterfeit claim requires a showing of likelihood of confusion under 15 U.S.C. Section 1114. |
Intellectual Property |
|
K. Lee | Oct. 2, 2020 |
20-16868
|
National Urban League v. Ross
Order |
|
Oct. 2, 2020 | ||
20-55907
|
Harvest Rock Church Inc. v. Newsom
Order |
|
Oct. 2, 2020 | ||
B299067
|
Alborzi v. University of Southern California
Trial court erred by impliedly finding that hospital's decision to dissolve panel of physicians was quasi-legislative because it ignored plaintiff's factual allegations. |
Civil Procedure |
|
A. Collins | Oct. 1, 2020 |
A157401
|
Bader v. Avon Products
'Bristol-Myers Squibb Co. v. Superior Court' does not require proof of a product defect at the jurisdictional phase. |
Torts |
|
T. Brown | Oct. 1, 2020 |
19-70365
|
Chades v. Hill
Petitioner's application for leave to file a second or successive habeas corpus petition pursuant to 28 U.S.C. Section 2244(b)(1) was denied. |
Prisoners' Rights |
|
J. Bybee | Oct. 1, 2020 |
18-16823
|
Revitch v. DIRECTV LLC
Arbitration agreements may not be invoked by a party's affiliate who was not an affiliate when the agreement was entered. |
Arbitration |
|
D. O'Scannlain | Oct. 1, 2020 |
17-71964
|
Velasquez-Gaspar v. Barr
Substantial evidence supported agency's determination that petitioner failed to establish that Guatemalan government was unwilling or unable to protect her from abuse by her ex-boyfriend. |
Immigration |
|
C. Callahan | Oct. 1, 2020 |
A156089
|
Sieg v. Fogt
Evidence was sufficient to support finding that appellant willfully departed from accepted trade standards for good and workmanlike construction in violation of Business and Professions Code Section 7109(a). |
Administrative Agencies |
|
J. Streeter | Sep. 30, 2020 |