Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B300430
|
People v. Duke
Trial court erred by analyzing defendant's case under requirements of felony murder but the error was harmless. |
Criminal Law and Procedure |
|
F. Rothschild | Sep. 30, 2020 |
A159208
|
People v. Johnson
Appellant's recommitment order under Mentally Disordered Offender Act was reversed based on absence of evidence showing appellant would be led to endanger others. |
Criminal Law and Procedure |
|
J. Kline | Sep. 30, 2020 |
A156819
|
Williams v. County of Sonoma
If primary assumption of risk doctrine applied, County nonetheless owed plaintiff duty not to increase inherent risks of long-distance, recreational cycling. |
Torts |
|
M. Simons | Sep. 30, 2020 |
B298696
|
Butler America v. Aviation Assurance Co.
Trial court properly added defendants as judgment debtors because evidence supported its finding that defendants were alter egos of original judgment debtor, which was a shell entity. |
Corporations |
|
A. Gilbert | Sep. 30, 2020 |
B299678
|
People v. Bentley
Appellant was not eligible for resentencing under Penal Code Section 1170.95 because he was not convicted of felony murder or murder pursuant to a natural and probable consequences theory. |
statutory_interpretation |
|
K. Yegan | Sep. 30, 2020 |
H044661
|
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 | Sep. 29, 2020 |
G057371
|
Santos v. Crenshaw Manufacturing, Inc.
'Power press exception' to principle of workers' compensation exclusivity applied because machine's instruction manual required use of 'adequate guards,' which went unheeded by present user. |
Labor Law |
|
W. Bedsworth | Sep. 29, 2020 |
19-15981
|
Miller v. C.H. Robinson Worldwide
Plaintiff's negligence claim against freight broker fell within Federal Aviation Administration Authorization Act's exception to preemption for 'the safety regulatory authority of a State with respect to motor vehicles.' |
statutory_interpretation |
|
J. Nguyen | Sep. 29, 2020 |
18-15498
|
Ford v. Peery
Prosecutor's repeated statements, endorsed by trial judge, that presumption of innocence no longer applied violated due process under 'Darden v. Wainwright.' |
Criminal Law and Procedure |
|
W. Fletcher | Sep. 29, 2020 |
17-17257
|
Cook v. Kernan
Order |
|
Sep. 29, 2020 | ||
18-15455
|
Pacific Choice Seafood v. Ross
Defendant's 2.7 percent quota limiting the total allowable catch for Pacific non-whiting groundfish under Magnuson-Stevens Fishery Conservation and Management Act of 1976 was proper. |
Environmental Law |
|
E. Miller | Sep. 28, 2020 |
18-17404
|
Lam v. Acosta
District court erred in denying officer's judgment as a matter of law motion on plaintiff's loss of familial relationship claim because there was insufficient evidence officer acted with requisite purpose to harm. |
Civil Rights |
|
S. Thomas | Sep. 28, 2020 |
18-17026
|
Cates v. Stroud
Although subjecting prison visitor to unconsented strip search without first giving her the option to leave violated the Fourth Amendment, qualified immunity applied. |
Civil Rights |
|
W. Fletcher | Sep. 28, 2020 |
18-10429
|
U.S. v. Ramirez
Ruse that revealed officers' identity as law enforcement but misrepresented purpose of their investigation so that officers could evade limitations on their authority violated Fourth Amendment. |
Criminal Law and Procedure |
|
K. Wardlaw | Sep. 28, 2020 |
A155107
|
Chaplin v. State Personnel Board
Employees' failure to appeal within 30 days made employer's disciplinary action final and employer was prohibited from withdrawing it and initiating new adverse action. |
Government |
|
J. Humes | Sep. 25, 2020 |
18-17445
|
Amended Opinion: In re Nanette Sisk
When there is no objection, bankruptcy plan need not include fixed duration because no express provision of Chapter 13 prohibits plans with estimated lengths. |
Bankruptcy |
|
P. Bumatay | Sep. 25, 2020 |
13-70653
|
Torres v. Barr
'At the time of application for admission' in 8 U.S.C. Section 1182(a)(7) refers to particular point in time when noncitizen submits an application to physically enter the United States. |
Immigration |
|
K. Wardlaw | Sep. 25, 2020 |
S062417
|
Modification: People v. Silveria and Travis
Defendants failed to demonstrate that trial court abused its discretion in denying defendants' severance motions. |
Criminal Law and Procedure |
|
J. Groban | Sep. 25, 2020 |
D076104
|
Murray v. Tran
Although alleged defamatory statements were of public concern, they were not made in connection with public discussion and thus not protected by anti-SLAPP statute. |
Anti-SLAPP |
|
J. Haller | Sep. 25, 2020 |
B302700
|
In re Samuel A.
Trial court incorrectly characterized appellant's Welfare and Institutions Code Section 388 petition as untimely new trial motion under Code of Civil Procedure Section 659. |
Dependency |
|
D. Perluss | Sep. 25, 2020 |
A157097
|
Doe v. Google, Inc.
Because plaintiffs' claims addressed conduct affecting individual employees, as distinct from NLRA's focus on concerted activity, and because this state-court action posed no threat to NLRA's jurisdiction, local interest exception to preemption applied. |
Civil Procedure |
|
A. Tucher | Sep. 24, 2020 |
B297037
|
Heshejin v. Rostami
Plaintiffs' derivative claims were barred by compulsory cross-complaint rule because they existed in related cause of action. |
Civil Procedure |
|
G. Feuer | Sep. 24, 2020 |
C089338
|
Gomez v. Smith
Trial court applied correct legal standard for mental capacity under Probate Code Sections 811 and 812. |
probate_and_trusts |
|
R. Robie | Sep. 24, 2020 |
B295235
|
Modification: People v. Byers
There was insufficient evidence defendant was armed with a firearm during the offense of possessing the firearm. |
Criminal Law and Procedure |
|
Sep. 24, 2020 | |
C079709
|
People v. Xiong
Defendant's testimony regarding his cultural experience was relevant to his state of mind and tended to prove why he would have given false confession, but preclusion was harmless error. |
Criminal Law and Procedure |
|
W. Murray | Sep. 24, 2020 |
A157368
|
People v. Redus
Evidence did not provide required link between appellant's ongoing mental illness and his purported difficulty in controlling his potentially dangerous behavior. |
Criminal Law and Procedure |
|
J. Kline | Sep. 24, 2020 |
E070859
|
People v. Oliver
Lack of victim's consent is not an element or affirmative defense of human trafficking an adult in violation of Penal Code Section 236.1(b). |
statutory_interpretation |
|
A. McKinster | Sep. 24, 2020 |
19-35186
|
McIntyre v. Eugene School District 4J
'Crux' of plaintiff's complaint sought relief for disability-based discrimination and harassment plaintiff faced at school; thus, she was not required to exhaust administrative remedies under Individuals with Disabilities Education Act. |
Disability Discrimination |
|
R. Paez | Sep. 24, 2020 |
B303086
|
Modification: People v. Martinez
Where trial court revokes supervision and Legislature enacts ameliorative statute prior to or during pendency of appeal from revocation order, defendant is entitled to seek relief under new law. |
statutory_interpretation |
|
M. Tangeman | Sep. 24, 2020 |
C089159
|
Koussaya v. City of Stockton
Summary judgment in favor defendants was proper because there was no triable issue of fact regarding whether officers unreasonably fired at robber during a high-speed chase. |
Civil Procedure |
|
A. Hoch | Sep. 23, 2020 |