Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
19-35520
|
Rawson v. Recovery Innovations
Private parties may act under color of state law when they exercise powers traditionally held by the state. |
Civil Rights |
|
M. Smith | Sep. 10, 2020 |
19-16746
|
Shivkov v. Artex Risk Solutions
Absent Arizona authority that would subject defendants to a fiduciary duty in connection with an arbitration clause, plaintiffs failed to show that the arbitration clause was unenforceable. |
Arbitration |
|
M. Smith | Sep. 10, 2020 |
19-55136
|
Lopez v. Catalina Channel Express
Title III places the initial burden on the plaintiff of plausibly showing removal of architectural barriers is readily achievable. |
Disability Discrimination |
|
M. Murguia | Sep. 10, 2020 |
F078081
|
Vosburg v. County of Fresno
An unincorporated association that satisfies the criteria for intervention and successfully contributes to the public interest litigation should be entitled to attorney fees. |
statutory_interpretation |
|
D. Franson | Sep. 10, 2020 |
E073894
|
In re K.W.
Welfare and Institutions Code Section 775 and Section 786 did not authorize the juvenile court to reduce minor's robbery conviction to a lesser offense. |
Juveniles |
|
M. Ramirez | Sep. 10, 2020 |
B295648
|
Modification: Buskirk v. Buskirk
Trial court erred by dismissing family dispute over trust for want of personal jurisdiction because trust had ample connections to California. |
Civil Procedure |
|
J. Wiley | Sep. 10, 2020 |
C088240
|
Amended Opinion: Marshall v. Webster
Plaintiffs' notice of appeal from anti-SLAPP order was untimely; thus, court lacked jurisdiction to consider the appeal. |
Civil Procedure |
|
P. Krause | Sep. 9, 2020 |
A160568
|
Rowan v. Kirkpatrick
Defendant's appeal was untimely and her motion for reconsideration was not a valid motion that extended the time to appeal. |
Civil Procedure |
|
C. Fujisaki | Sep. 9, 2020 |
18-50115
|
U.S. v. Bacon
Order |
|
Sep. 9, 2020 | ||
18-56281
|
Rodriguez v. Newsom
California's use of the winner-take-all approach in selecting presidential electors is consistent with the Constitution's guarantee of equal protection. |
Civil Rights |
|
J. Nguyen | Sep. 9, 2020 |
17-16655
|
Jamul Action Committee v. Simermeyer
Jamul Indian Village is a federally recognized Indian tribe and is protected by tribal sovereign immunity. |
Native American Affairs |
|
W. Fletcher | Sep. 9, 2020 |
17-16337
|
Corbello v. Valli
Under asserted truths doctrine, author who holds their work out as nonfiction cannot later claim, in litigation, that aspects of the work were actually made up and thus entitled to full copyright protection. |
Copyright |
|
M. Berzon | Sep. 9, 2020 |
20-55709
|
Salter v. Quality Carriers
Defendant seeking removal under Class Action Fairness Act is not required to present evidence in support of its jurisdictional allegations when plaintiff asserts facial challenge to notice of removal. |
Civil Procedure |
|
C. Callahan | Sep. 9, 2020 |
B298635
|
People v. York
Jury's special circumstance finding before 'People v. Banks' and 'People v. Smith' did not preclude defendant's eligibility from sentencing relief under Penal Code Section 1170.95 as a matter of law. |
Criminal Law and Procedure |
|
C. Moor | Sep. 8, 2020 |
20-70780
|
In re William Grice
Uber driver did not fall within arbitration exemption set forth in Section 1 of Federal Arbitration Act for workers engaged in foreign or interstate commerce. |
Arbitration |
|
C. Callahan | Sep. 8, 2020 |
18-30130
|
U.S. v. Asuncion
Section 401 of First Step Act, which reduced mandatory minimum penalties for repeat drug offenders, was inapplicable to defendant because he was sentenced before the statute's enactment. |
statutory_interpretation |
|
V. Chhabria | Sep. 8, 2020 |
19-60029
|
In re Augustine Pena III
Chapter 7 trustee did not abandon rents by abandoning properties from which they were collected; thus, the funds remained the property of the bankruptcy estate. |
Bankruptcy |
|
P. Bumatay | Sep. 8, 2020 |
19-35116
|
Nanouk v. U.S.
Federal Tort Claims Act's discretionary function exception did not apply to government's failure to identify and remediate hot spot of contaminated soil in timely manner after clean-up activities began. |
Torts |
|
P. Watford | Sep. 8, 2020 |
B299083
|
Moritz v. Universal City Studios LLC
Federal Arbitration Act requires no enforcement of an arbitration provision with respect to disputes unrelated to the contract in which the provision appears. |
Arbitration |
|
V. Chaney | Sep. 4, 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 | Sep. 4, 2020 |
19-15607
|
California Parents for the Equalization of Educational Materials v. Torlakson
At least absent evidence of unlawful intentional discrimination, parents are not entitled to bring Equal Protection claims challenging curriculum content. |
Civil Rights |
|
M. Schroeder | Sep. 4, 2020 |
G058486
|
People v. Flores
Although not required, appellate court should independently review record on appeal when indigent defendant's appointed counsel files 'Wende' brief in postjudgment appeal from summary denial of Penal Code Section 1170.95 petition. |
Criminal Law and Procedure |
|
E. Moore | Sep. 4, 2020 |
B304209
|
In re V.L.
Reasonable trier of fact could have found it highly probable that placement of minors with father would pose substantial risk of harm by exposure to future domestic violence. |
Dependency |
|
J. Ashmann-Gerst | Sep. 3, 2020 |
B297546
|
People v. Murillo
Defendant was a major participant who acted with reckless indifference to human life because he instructed his friend to shoot victim; thus, defendant was ineligible for resentencing. |
Criminal Law and Procedure |
|
F. Rothschild | Sep. 3, 2020 |
G058406
|
Caliber Paving Co. v. Rexford Industrial Realty and Management
A defendant who is not a party to the contract is not immune from liability for intentional interference with contract by virtue of having an economic or social interest in the contract. |
Torts |
|
R. Fybel | Sep. 3, 2020 |
15-17382
|
Frlekin v. Apple
Employees' time spent on employer's premises waiting for and undergoing required exit searches of packages, bags, or personal technology devices voluntarily brought to work for personal convenience was compensable as 'hours worked.' |
Labor Law |
|
C. Marshall | Sep. 3, 2020 |
18-56457
|
Pauma Band of Luiseno Mission Indians v. State of California
Under Indian Gaming Regulatory Act, California negotiated in good faith by circulating draft compact and repeatedly expressing its willingness to negotiate with tribe. |
Native American Affairs |
|
B. Bade | Sep. 3, 2020 |
13-50572
|
U.S. v. Moalin
Government's collection of telephony metadata pursuant to Foreign Intelligence Surveillance Act may have violated defendant's Fourth Amendment rights, but suppression was not warranted. |
Criminal Law and Procedure |
|
M. Berzon | Sep. 3, 2020 |
17-50151
|
U.S. v. Cano
Order |
|
Sep. 3, 2020 | ||
E071218
|
People v. Hartland
'People v. Oliver' and 'In re Michele D.'s consent doctrine is inapplicable to the kidnapping of an intoxicated, resisting, adult victim. |
statutory_interpretation |
|
F. Menetrez | Sep. 2, 2020 |