Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
F078541
|
Talley v. County of Fresno
An individual cannot be deemed an employee within meaning of Fair Employment and Housing Act absent existence of remuneration. |
statutory_interpretation |
|
K. Meehan | Jul. 14, 2020 |
18-17308
|
City & County of San Francisco v. Barr
District court abused its discretion in granting nationwide injunctive relief barring Department of Justice from using three new conditions as funding requirements for Edward Byrne Memorial Justice Assistance Grants. |
Civil Procedure |
|
R. Clifton | Jul. 14, 2020 |
S101247
|
People v. Vargas
Ample evidence showed that defendant actively participated in gang, was aware that its members engaged in criminal gang activity and promoted felonious conduct of its members. |
Criminal Law and Procedure |
|
M. Cuéllar | Jul. 14, 2020 |
C087347
|
Modification: People v. Bradley
Belated assertion of right to a speedy trial is entitled to less weight than prompt assertion of such right. |
Criminal Law and Procedure |
|
R. Robie | Jul. 14, 2020 |
C079260
|
American Chemistry Council v. Office of Environmental Health etc.
In absence of contrary evidence, the court must presume Carcinogen Identification Committee properly carried out its obligation and followed its own guidance criteria. |
Consumer Law |
|
V. Raye | Jul. 13, 2020 |
C084328
|
Coley v. Eskaton
Directors may still be liable for damages resulting from their breach of fiduciary duties, even if they did not personally benefit from that breach. |
Business Law |
|
V. Raye | Jul. 13, 2020 |
B296858
|
Martinez v. BaronHR, Inc.
Trial court erred in denying defendant's motion to compel arbitration even though neither party initialed next to jury waiver contained in arbitration agreement. |
Arbitration |
|
B. Currey | Jul. 13, 2020 |
G058119
|
Kec v. Superior Court
An employee's right to bring an action under Private Attorneys General Act of 2004 is unwaivable, and if provision waiving representative claims is not severable, entire contract is void. |
Arbitration |
|
R. Ikola | Jul. 13, 2020 |
B291111
|
Redondo Beach Waterfront, LLC v. City of Redondo Beach
Private real estate developer obtained statutory vested rights under Government Code Section 66498.1 regarding waterfront development project against City. |
Government |
|
L. Lavin | Jul. 13, 2020 |
B295935
|
Pico Neighborhood Association v. City of Santa Monica
Parties must show the government acted with the goal of achieving a discriminatory end for a successful equal protection claim. |
Constitutional Law |
|
J. Wiley | Jul. 13, 2020 |
H047581
|
People v. Soto
Petitioner was not eligible for relief under Senate Bill 1437, because jury instructions demonstrated he was not convicted under natural and probable consequences theory. |
Criminal Law and Procedure |
|
A. Danner | Jul. 13, 2020 |
16-70130
|
Silva v. Barr
Petitioner's three separate theft offenses in violation of California Penal Code Section 484(a) constituted crimes involving moral turpitude. |
Immigration |
|
S. Ikuta | Jul. 13, 2020 |
17-10428
|
United States v. Pisarski
'United States v. McIntosh' hearing must focus on conduct underlying charge to determine whether defendants complied with state marijuana laws. |
Criminal Law and Procedure |
|
M. McKeown | Jul. 13, 2020 |
A154369
|
Modification: 731 Market Street Owner, LLC v. City and County of San Francisco
Transfer of property subject to lease with remaining term of years was not a taxable 'change in ownership.' |
statutory_interpretation |
|
T. Jackson | Jul. 13, 2020 |
18-9526
|
McGirt v. Oklahoma
Under Major Crimes Act, only federal government, not State, may prosecute Indians for major crimes committed in Indian country. |
Government |
|
N. Gorsuch | Jul. 10, 2020 |
17-1107
|
Sharp v. Murphy
Judgment of Tenth Circuit was affirmed for reasons stated in 'McGirt v. Oklahoma.' |
Government |
|
P. Curiam (USSC) | Jul. 10, 2020 |
19-715
|
Trump v. Mazars USA, LLP
Lower courts did not take adequate account of significant separation of powers concerns implicated by congressional subpoenas for President's information. |
Constitutional Law |
|
J. Roberts | Jul. 10, 2020 |
19-635
|
Trump v. Vance
Article II and Supremacy Clause did not categorically preclude or require heightened standard for issuance of state criminal subpoena to sitting President. |
Constitutional Law |
|
J. Roberts | Jul. 10, 2020 |
C085762
|
Modification: Stanford Vina Ranch Irrigation Co. v. State of Cal.
State Water Resources Control Board has authority to regulate unreasonable use of water by adopting regulations establishing minimum flow requirements protecting migration of threatened fish species during drought conditions. |
Administrative Agencies |
|
A. Hoch | Jul. 10, 2020 |
19-35008
|
NAEC v. USDOI
National Environmental Policy Act provides reasonable notice that intended scope encompassed actual future lease sales. |
Environmental Law |
|
M. Smith | Jul. 10, 2020 |
18-16592
|
Canela v. Costco
Private Attorney General Act claim is fundamentally different from class action and thus cannot be the basis for Class Action Fairness Act claim. |
Civil Procedure |
|
J. Wallace | Jul. 10, 2020 |
D076870
|
Modification: People v. Cotsirilos
In ordinary infraction case, prosecution is not required to oppose motion to suppress by filing opposition brief or appearing at suppression hearing. |
Criminal Law and Procedure |
|
W. Dato | Jul. 10, 2020 |
C089541
|
People v. Superior Court (Ferraro)
Senate Bill No. 1437 is not an invalid attempt to amend Proposition 115 or Proposition 7. |
statutory_interpretation |
|
J. Renner | Jul. 9, 2020 |
B294249
|
WFG National Title Ins. v. Wells Fargo Bank etc.
Title derived through forged instrument is completely unenforceable regardless of whether it was duly recorded by a bonafide purchaser. |
Real Property |
|
L. Lavin | Jul. 9, 2020 |
19-431
|
Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania
Under Affordable Care Act, government has statutory authority to provide exemptions from regulatory contraceptive requirements for employers with religious and conscientious objections. |
Health Care |
|
C. Thomas | Jul. 9, 2020 |
19-267
|
Our Lady of Guadalupe School v. Morrissey-Berru
Ninth Circuit erred in reversing summary judgment for religious schools under ministerial exception because First Amendment's Religion Clauses foreclosed adjudication of plaintiffs' employment discrimination claims. |
Constitutional Law |
|
S. Alito | Jul. 9, 2020 |
18-36030
|
Crow Indian Tribe v. State of Wyoming
Montana district court's orders remanding to Fish & Wildlife Services 2017 Rule governing Greater Yellowstone grizzly bear population was affirmed, with the exception of a 'comprehensive review' order of remnant grizzly population. |
Environmental Law |
|
M. Schroeder | Jul. 9, 2020 |
19-35184
|
BNSF Railway v. Oregon Dep't of Revenue
Under 49 U.S.C. Section 11501(b)(4), railroads may challenge discriminatory property taxes--even those masquerading as tax exemptions. |
Tax |
|
V. Chhabria | Jul. 9, 2020 |
C088327
|
McAlpine v. Norman
An expert's bare conclusions, unsupported by reasons or explanations is insufficient to show one acted within the standard of care. |
Civil Procedure |
|
P. Krause | Jul. 9, 2020 |
B295921
|
Modification: People v. Rosas
Probation exception for warrantless searches is inapplicable if police are unaware of probation search condition at the time. |
Criminal Law and Procedure |
|
S. Perren | Jul. 8, 2020 |