Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B300323
|
People v. Galvan
Proper remedy for challenging special circumstance finding is by petition for habeas corpus, not petition for resentencing under Penal Code Section 1170.95 |
Criminal Law and Procedure |
|
F. Rothschild | Aug. 6, 2020 |
D072850
|
Modification: Abatti v. Imperial Irrigation District
Irrigation District abused its discretion in how it prioritized water apportionment among categories of water users in 2013 Equitable Distribution Plan. |
Water Rights |
|
Aug. 6, 2020 | |
D072515
|
People v. Ware
Gang conspiracy conviction was reversed where no evidence was presented on nature of crimes committed by alleged co-conspiring gang members. |
Criminal Law and Procedure |
|
T. O'Rourke | Aug. 5, 2020 |
20A18
|
Little v. Reclaim Idaho
An application for stay presented to Justice Kagan and by her referred to the Court is granted. The District Court in this case ordered Idaho either to certify an initiative for inclusion on the ballot without the requisite number of signatures, or to allow the initiative sponsor additional time to gather signatures through an online process of solicitation and submission never before used by the State. |
Administrative Agencies |
|
Aug. 5, 2020 | |
19A60
|
Trump v. Sierra Club
Order |
|
Aug. 5, 2020 | ||
B290526
|
Rallo v. O'Brian
Trustor was not prevented from expressing his intent to disinherit potential heirs living at the time--even if unknown to trustor--by including general disinheritance clause in his trust. |
probate_and_trusts |
|
A. Egerton | Aug. 5, 2020 |
B306181
|
In re M.P.
Juvenile court erred in continuing hearing six months beyond the time period allowed by statute as modified by emergency order. |
Juveniles |
|
D. Kim | Aug. 5, 2020 |
B304329
|
People v. Cole
Procedures set forth in 'People v. Wende' are inapplicable to appeals concerning denial of postconviction relief, regardless of defendants' rights to appointed counsel. |
Criminal Law and Procedure |
|
S. Hofstadter | Aug. 5, 2020 |
F079509
|
People v. Nash
Trial court erred in finding that Senate Bill No. 1437 unconstitutionally amended Proposition 7. |
statutory_interpretation |
|
K. Meehan | Aug. 5, 2020 |
G057667
|
In re Febbo
California Constitution does not permit California Department of Corrections and Rehabilitation to adopt regulations making inmates ineligible for early parole consideration based solely on nonviolent felony conviction. |
statutory_interpretation |
|
R. Fybel | Aug. 5, 2020 |
18-15068
|
Regents of the University of California v. U.S. Dept. of Homeland Security
Order |
|
Aug. 5, 2020 | ||
18-16408
|
U.S. v. U.S. ex rel Thrower
Interests implicated by erroneous denial of government motion to dismiss False Claims Act case in which it has not intervened were insufficiently important to justify immediate appeal. |
Civil Procedure |
|
K. Wardlaw | Aug. 5, 2020 |
19-35839
|
Hanson v. Shubert
Defendants could not use their motion for reconsideration, filed nearly one year after underlying order, to resurrect their right to appeal district court's order denying them qualified immunity. |
Civil Procedure |
|
R. Seeborg | Aug. 5, 2020 |
19-15251
|
Tobler v. Sables LLC
Request for judicial relief under Nevada's Foreclosure Mediation Rules is the exclusive remedy under Nevada law for challenging a lender's conduct in foreclosure mediation process. |
Civil Procedure |
|
D. Collins | Aug. 5, 2020 |
S262487
|
Lopez v. Ledesma
Order |
|
Aug. 4, 2020 | ||
S256927
|
Ixchel Pharma LLC v. Biogen Inc.
Tortious interference with at-will contracts requires independent wrongfulness. |
Torts |
|
G. Liu | Aug. 4, 2020 |
S252915
|
Wilde v. City of Dunsmuir
City's water rates fall within exemption for tax levies under Article II, Section 9(a) of California Constitution and therefore were not subject to referendum process. |
Tax |
|
L. Kruger | Aug. 4, 2020 |
B302804
|
In re S.P.
Department of Children and Family Services failed to act with due diligence in notifying father of jurisdiction but error was harmless. |
Dependency |
|
L. Rubin | Aug. 4, 2020 |
H046631
|
People v. Herrera
Defendant's three prior prison term enhancements were reversed because Penal Code Section 667.5(b) was amended and only applies if defendant's prior prison term was for a sexually violent offense. |
statutory_interpretation |
|
P. Bamattre-Manoukian | Aug. 4, 2020 |
18-10042
|
U.S. v. Kuzma
Defendant's convictions for possession of machinegun and possession of unregistered machinegun were improperly multiplicitous. |
Criminal Law and Procedure |
|
D. Collins | Aug. 4, 2020 |
19-15224
|
Ashker v. Newsom
A district court must specially designate a magistrate judge's authority to enter a final order. |
Constitutional Law |
|
J. Wallace | Aug. 4, 2020 |
18-16427
|
Ashker v. Newsom
Department of Corrections and Rehabilitation did not violate settlement agreement with prisoners when it limited inmate group's direct physical contact during yard time. |
Contracts |
|
J. Gwin | Aug. 4, 2020 |
18-55688
|
Mather Bobka v. Toyota Motor Credit Corp.
Debtors' lease assumptions survive discharge even if they are not reaffirmed under 11 U.S.C. Section 524(c). |
Bankruptcy |
|
E. Miller | Aug. 4, 2020 |
18-56188
|
Davidson v. O'Reilly Auto Enterprises
District court did not abuse its discretion by requiring plaintiff to meet deadline for filing her motion for class certification while granting her additional month to develop evidence and submit supplemental brief. |
Civil Procedure |
|
S. Ikuta | Aug. 4, 2020 |
19-17479
|
Environmental Protection Information Center v. Carlson
District court incorrectly denied plaintiff's request for preliminary injunction because plaintiff had shown it will likely succeed on the merits. |
Environmental Law |
|
W. Fletcher | Aug. 4, 2020 |
D076605
|
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 |
|
J. McConnell | Aug. 3, 2020 |
B297655
|
Rutgard v. City of Los Angeles
Because City 'finally adopted' its resolution reauthorizing existing stated public use for condemned property past 10-year deadline, City was required to offer to sell property back to its original owner. |
Eminent Domain |
|
B. Hoffstadt | Aug. 3, 2020 |
D075476
|
People v. Brown
Penal Code Section 2933.2 applies to all presentence custody periods served by a defendant who is eventually convicted of a violent felony without regard to timing of each conviction. |
Criminal Law and Procedure |
|
W. Dato | Aug. 3, 2020 |
C088493
|
California Disability Services Assn. v. Bargmann
Community-based day programs' service providers' requests for rate adjustment due to increase of minimum wage, which impacted salaries of their exempt program directors, was properly denied. |
statutory_interpretation |
|
R. Robie | Aug. 3, 2020 |
G057375
|
Steciw v. Petra Geosciences, Inc
Trial court's dismissal plaintiff's complaint for untimely service was reversed and remanded because court's order to stay proceedings likely affected service. |
Civil Procedure |
|
R. Ikola | Jul. 31, 2020 |