Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
18-35868
|
Southcentral Foundation v. Alaska Native Tribal Health Consortium
Infringement of governance and participation rights was a sufficiently concrete and particularized injury in fact sufficient to confer Article III standing. |
Constitutional Law |
|
M. Murguia | Sep. 15, 2020 |
18-15892
|
Von Tobel v. Benedetti
If Supreme Court precedent does not provide 'clear answer to the presented question,' state court's decision cannot be contrary to clearly established federal law. |
statutory_interpretation |
|
E. Siler | Sep. 15, 2020 |
18-16981
|
Ramos v. Wolf
District court abused its discretion in issuing preliminary injunction based on plaintiffs' claim under Administrative Procedure Act because claim was foreclosed from judicial review. |
Administrative Agencies |
|
C. Callahan | Sep. 15, 2020 |
19-55135
|
Axis Reinsurance v. Northrup Grumman
An excess insurer may not challenge underlying insurer's payment decision as outside the scope of coverage absent showing of fraud or bad faith. |
Insurance |
|
C. Callahan | Sep. 15, 2020 |
18-35934
|
Asarco LLC v. Atlantic Richfield
Outlays for speculative future remediation efforts are not recoverable necessary response costs in Comprehensive Environmental Response, Compensation, and Liability Act contribution actions. |
Environmental Law |
|
J. Nguyen | Sep. 15, 2020 |
E071146
|
Burchell v. Faculty Physicians and Surgeons of the Loma Linda University School of Medicine
Because plaintiff's Code of Civil Procedure Section 998 offer was invalid, trial court's award of expert witness fees and prejudgment interest on the basis of that offer was reversed. |
Remedies |
|
M. Raphael | Sep. 14, 2020 |
17-73210
|
National Labor Relations Board v. International Association of Bridge Local 229
Order |
|
Sep. 14, 2020 | ||
18-16502
|
Anderson v. Neven
Order |
|
Sep. 14, 2020 | ||
18-71070
|
Amended Opinion: Guerra v. Barr
Board of Immigration Appeals failed to engage in clear error review in reversing Immigration Judge's decision that petitioner established a probability that he would be subjected to torture in criminal detention. |
Immigration |
|
R. Paez | Sep. 14, 2020 |
18-56553
|
Amended Opinion: Pimentel v. City of Los Angeles
The Eight Amendment's Excessive Fines Clause applies to municipal parking fines. |
Civil Rights |
|
M. Bennett | Sep. 14, 2020 |
18-72812
|
J.R. v. Barr
Substantial evidence did not support Board of Immigration Appeals' conclusion that El Salvadoran government was willing and able to control gang that attacked petitioner and his family. |
Immigration |
|
W. Fletcher | Sep. 14, 2020 |
20-55175
|
Gonzalez v. U.S. Immigration and Customs Enforcement
Fourth Amendment requires prompt probable cause determination by neutral and detached magistrate to justify continued detention pursuant to immigration detainer. |
Immigration |
|
M. Smith | Sep. 14, 2020 |
C090041
|
People v. Lombardo
Senate Bill 1437 is not an invalid amendment of either Propositions 7 or 115. |
statutory_interpretation |
|
V. Raye | Sep. 14, 2020 |
C086344
|
City of Brentwood v. Department of Finance
City entered into third party construction contracts prior to executing public improvement agreements, in which its former redevelopment agency agreed to reimburse construction costs; thus, public improvement agreements were not 'enforceable obligations.' |
statutory_interpretation |
|
V. Raye | Sep. 11, 2020 |
F077802
|
Dept. of Fair Employment and Housing v. Cathy's Creations, Inc.
Attorneys' fees under Code of Civil Procedure Section 1021.5 was properly denied to prevailing defendants in action brought by Department of Fair Employment and Housing under Government Code Section 12974. |
statutory_interpretation |
|
K. Meehan | Sep. 11, 2020 |
F078245
|
Dept. of Fair Employment and Housing v. Superior Court (Cathy's Creation Inc.)
Trial court erroneously construed its preliminary injunction order as final adjudication of the merits of underlying administrative complaint, and therefore violated separation of powers doctrine. |
statutory_interpretation |
|
K. Meehan | Sep. 11, 2020 |
19-10073
|
U.S. v. Garcia
Under attenuation doctrine, discovery of suspicionless search condition was not an intervening circumstance that broke causal chain between initial unlawful entry and discovery of evidence supporting conviction. |
Criminal Law and Procedure |
|
K. Wardlaw | Sep. 11, 2020 |
19-55663
|
Endy v. County of Los Angeles
Plaintiff failed to raise triable issue of material fact that records of his 'unfounded' child abuse allegations in Child Welfare Services Case Management System caused him reputational harm. |
Civil Rights |
|
C. Callahan | Sep. 11, 2020 |
19-16361
|
In re Volkswagen Clean Diesel Litigation
District court had authority to, and did, approve an amendment to parties' settlement agreement; thus, the amendment excluding claimants from the settlement agreement was enforceable. |
Civil Procedure |
|
P. Bumatay | Sep. 11, 2020 |
18-36071
|
Mai v. U.S.
Order |
|
Sep. 11, 2020 | ||
S263588
|
Walker v. Superior Court (People)
Order |
|
Sep. 11, 2020 | ||
B303298
|
People v. Chavez
Penal Code Section 1538.5 does not require trial court to hold evidentiary hearing when defendant's stated issue to be decided is not relevant to the motion to suppress. |
statutory_interpretation |
|
A. Gilbert | Sep. 11, 2020 |
D076214
|
Aljabban v. Fontana Indoor Swap Meet, Inc.
Commercial landlords may not use a security deposit for repairs after a tenant vacates, unless specifically stated in the lease. |
Civil Procedure |
|
J. Irion | Sep. 11, 2020 |
B304957
|
Modification: Akopyan v. Superior Court (Unzueta)
Trial court erred in granting disqualification motion under Code of Civil Procedure Section 170.6(a)(2) following conditional reversal where remand was for reconsideration of pretrial 'Batson/Wheeler' motion. |
Civil Procedure |
|
Sep. 11, 2020 | |
D074972
|
People v. Zaheer
Because counsel neglected to shore up an evidentiary gap, which created an opening for the prosecutor, who seized it, his failure amounted to ineffective assistance of counsel. |
Criminal Law and Procedure |
|
W. Dato | Sep. 10, 2020 |
A156839
|
In re J.E.
Substantial evidence supported the trial court's determination that minor appreciated the wrongfulness of her conduct as required under Penal Code Section 26. |
Juveniles |
|
A. Tucher | Sep. 10, 2020 |
G057546
|
Modification: People for the Ethical Operation of Prosecutors v. Spitzer
Plaintiffs satisfied basic requirements of taxpayer claim under Code of Civil Procedure Section 526a and had standing to sue. |
Constitutional Law |
|
R. Ikola | Sep. 10, 2020 |
A156550
|
In re J.W.-P.
Father was prejudiced by the trial court's failure to provide him with the notice of the procedure to protect his parental rights mandated by Welfare and Institutions Code Section 316.2(b). |
Dependency |
|
G. Burns | Sep. 10, 2020 |
19-50181
|
U.S. v. Herrera
State government agencies who suffer losses that are included in the actual loss calculation under U.S.S.G. Section 2B1.1(b)(1) are properly counted as victims. |
statutory_interpretation |
|
D. Forrest | Sep. 10, 2020 |
18-55450
|
Sampson v. County of Los Angeles
Because it was clearly established that public officials may not threaten to remove a child from an individual's custody in retaliation for protected speech, application of qualified immunity was improper. |
Civil Rights |
|
M. Murguia | Sep. 10, 2020 |