Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B298637
|
People v. DelRio
Evidence of victim's previous domestic violence arrests was admissible when defendant claimed self-defense in homicide case. |
Evidence |
|
J. Wiley | Sep. 2, 2020 |
B303086
|
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. 2, 2020 |
G057919
|
Rivera v. Shivers
Trial court erred in believing that the parties stipulated to a nonbinding judicial arbitration. |
Arbitration |
|
W. Bedsworth | Sep. 2, 2020 |
B298581
|
City of Los Angeles v. Herman
Restraining order precluding defendant from threatening plaintiff during city council meetings was not a violation of defendant's First Amendment right to freedom of speech. |
Constitutional Law |
|
E. Lui | Sep. 2, 2020 |
A156880
|
People v. Cooper
Trial court erred by summarily denying defendant's Senate Bill No. 1437 petition without appointing counsel because right to counsel attaches upon filing facially sufficient petition alleging relief. |
statutory_interpretation |
|
J. Humes | Sep. 2, 2020 |
19-71849
|
Jaimes-Cardenas v. Barr
Domestic violence waiver established under 8 U.S.C. Section 1227(a)(7), and made applicable to cancellation of removal by Section 1229b(b)(5), is limited to crimes of domestic violence and stalking. |
Immigration |
|
M. Hawkins | Sep. 2, 2020 |
18-17445
|
In re Nanette Sisk
Order |
Bankruptcy |
|
Sep. 2, 2020 | |
G057113
|
Modification: Ghazarian v. Magellan Health, Inc.
To avoid bad faith liability, it is not enough that insurer's ultimate decision might be considered reasonable at first glance. |
Insurance |
|
E. Moore | Sep. 2, 2020 |
B298914
|
Amended Opinion: People v. Triplett
Juries should be informed or reminded of their right to readback of testimony upon request to review testimony but such error was harmless here. |
Criminal Law and Procedure |
|
G. Liu | Sep. 2, 2020 |
A153959
|
Land v. California Unemployment Insurance Appeals Board
California Unemployment Insurance Appeals Board prejudicially abused its discretion in refusing to consider additional evidence proffered by appellant. |
Administrative Agencies |
|
K. Banke | Sep. 2, 2020 |
S249593
|
Reilly v. Marin Housing Authority
Section 8 beneficiary's compensation for providing in-home care for severely disabled adult daughter should be excluded from income in calculating the rental subsidy. |
statutory_interpretation |
|
M. Chin | Sep. 1, 2020 |
S238544
|
United Auburn Indian Community of the Auburn Rancheria v. Newsom
California law empowers Governor to concur in United States Secretary of the Interior's determination to allow casino-style gaming on certain land taken into federal trust for Indian tribe. |
Gaming |
|
M. Cuéllar | Sep. 1, 2020 |
B302248
|
In re A.C.
The absence of a relationship between father and daughter was a permissible factor in juvenile court's decision to place daughter with grandmother. |
Dependency |
|
J. Wiley | Sep. 1, 2020 |
A156311
|
Marriage of DeSouza
Appellant's failure to disclose information about his bitcoin investments tied up in bankruptcy was a breach of his fiduciary duty to his former wife under Family Code Section 1100(e). |
Family Law |
|
P. Siggins | Aug. 31, 2020 |
B301194
|
Prang v. Los Angeles County Assessment Appeals Bd.
Taxpayers must strictly comply with the notice requirements of Revenue and Taxation Code Section 480.1 to avoid retroactively levied assessments. |
statutory_interpretation |
|
B. Hoffstadt | Aug. 31, 2020 |
C088240
|
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 | Aug. 31, 2020 |
19-70521
|
Jordan v. SSA Terminals
Credible complaints of severe, persistent, and prolonged pain can establish a prima facie case of disability, even if the claimant can literally perform his past work. |
Administrative Agencies |
|
F. Block | Aug. 31, 2020 |
S263082
|
People v. Federico
Order |
|
Aug. 28, 2020 | ||
S263375
|
People v. Padilla
Order |
|
Aug. 28, 2020 | ||
S249792
|
Gund v. County of Trinity
Plaintiffs who responded to 911 call for assistance of unknown nature were engaged in 'active law enforcement service'; thus, workers' compensation was their exclusive remedy for the injuries they sustained. |
Workers' Compensation |
|
M. Cuéllar | Aug. 28, 2020 |
S251709
|
Protecting Our Water and Environmental Resources v. County of Stanislaus
Agencies may not categorically classify projects as ministerial simply because a suggested set of standards for approval exists. |
Environmental Law |
|
C. Corrigan | Aug. 28, 2020 |
B297247
|
Eisenberg Village v. Suffolk Construction Co., Inc.
One-year statute of limitation under California Code of Civil Procedure Section 340(a) applies to disgorgement claims brought under Business and Professions Code Section 7031(b). |
Civil Procedure |
|
T. Willhite | Aug. 28, 2020 |
B296738
|
Conyer v. Hula Media Services, LLC
Trial court incorrectly denied defendant's motion to compel arbitration because plaintiff demonstrated his assent to the arbitration clause and defendant had no obligation to call plaintiff's attention to the arbitration clause. |
Arbitration |
|
E. Grimes | Aug. 28, 2020 |
A154326
|
People v. Conatser
Defendant was entitled to retroactive application of Senate Bill No. 180 because court imposed split sentence and therefore, his proceeding was ongoing when Senate Bill No. 180 became effective. |
Criminal Law and Procedure |
|
S. Pollack | Aug. 28, 2020 |
E072909
|
Thurston v. Fairfield Collectibles of Georgia, LLC
Under California case law, substantial sales of goods or services to California residents via one's own website constitutes purposeful availment. |
Civil Procedure |
|
M. Ramirez | Aug. 28, 2020 |
A157320
|
Morgado v. City and County of San Francisco
Employer's monetary obligation to wrongfully terminated employee 'may be mitigated by deducting compensation or benefits actually received by employee that are inconsistent with original employment.' |
Employment Law |
|
J. Streeter | Aug. 28, 2020 |
17-10429
|
U.S. v. Litwin
District court erred in dismissing juror because its determination that juror harbored 'malice toward the judicial process' was not supported by the record. |
Criminal Law and Procedure |
|
D. Bress | Aug. 28, 2020 |
19-50014
|
U.S. v. Rodriguez-Gamboa
Because geometric isomers of methamphetamine are impossible, there is no realistic probability that defendant's California methamphetamine statute of conviction will be used to prosecute someone in connection with geometric isomers of methamphetamine. |
Criminal Law and Procedure |
|
A. Hurwitz | Aug. 28, 2020 |
B304957
|
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 |
|
G. Feuer | Aug. 27, 2020 |
D076605
|
Modification: Golden Door Properties, LLC v. Superior Court (County of San Diego)
County's emails were official records under Public Resources Code Section 21167.6 and should not have been destroyed because they were subject to discovery under the Public Records Act. |
Public Records Act |
|
Aug. 27, 2020 |