Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
19-10075
|
United States v. Vandergroen
A 911 call may generate reasonable suspicion if it is reliable and provides information on potential serious illegal activity. |
Criminal Law and Procedure |
|
J. Rakoff | Jul. 8, 2020 |
18-10410
|
United States v. Voris
Because defendant fired four shots at five officers, only four assault convictions were constitutionally permissible and one assault conviction was multiplicitous. |
Criminal Law and Procedure |
|
M. Bennett | Jul. 8, 2020 |
A154604
|
Modification: Gutierrez v. Brand Energy Services of California
Trial court erred in interpreting Wage Order 16 Section 5(D) as permitting employees and employers to enter CBA's that waived right to all compensation for employer-mandated travel time. |
Employment Law |
|
T. Jackson | Jul. 7, 2020 |
19-465
|
Chiafalo v. Washington
State may enforce an elector's pledge to support his party's nominee--and the state voters' choice--for President. |
Constitutional Law |
|
E. Kagan | Jul. 7, 2020 |
19-518
|
Colorado Dept. of State v. Baca
Judgment of Tenth Circuit was reversed for reasons stated in 'Chiafalo v. Washington.' |
Constitutional Law |
|
P. Curiam (USSC) | Jul. 7, 2020 |
19-631
|
Barr v. American Assn. of Political Consultants, Inc.
Government-debt exception to Telephone Consumer Protection Act of 1991 was unconstitutional because it violated the First Amendment and thus was severed from remainder of statute. |
Consumer Law |
|
B. Kavanaugh | Jul. 7, 2020 |
B297213
|
Modification: People v. Padilla
Proposition 57 applies retroactively to juveniles tried as adults whose judgments are not final; thus, appellant was entitled to transfer hearing. |
Criminal Law and Procedure |
|
N. Manella | Jul. 7, 2020 |
B295314
|
Lonky v. Patel
Arbitrator acted within her authority in modifying second ruling prior to issuing final ruling because second ruling did not determine all issues that could have been addressed at that time. |
Arbitration |
|
B. Hoffstadt | Jul. 7, 2020 |
B295829
|
Mize v. Mentor Worldwide LLC
Tort claims premised on conduct that both violates Medical Device Amendments and gives rise to recovery under state law even in absence of MDA are not preempted. |
Torts |
|
M. Tangeman | Jul. 7, 2020 |
A152080
|
Ben-E-Lect v. Anthem Blue Cross Life and Health Ins. Co.
Evidence demonstrated that defendant had sufficient market power in the California small group health insurance market to impair competition significantly. |
Antitrust |
|
P. Siggins | Jul. 7, 2020 |
19-30018
|
United States v. Many White Horses
Petitioner's special condition of supervised release prohibiting him from residing in town found to trigger his alcohol and drug related behavior was affirmed. |
Criminal Law and Procedure |
|
M. McKeown | Jul. 7, 2020 |
19-10166
|
United States v. Malik
Assessment of probable cause takes into account the totality of the circumstances known to the officers at the time of the search. |
Criminal Law and Procedure |
|
P. Curiam (9th Cir.) | Jul. 7, 2020 |
17-16400
|
Demartini v. Demartini
Defendants' appeal seeking review of order remanding claim back to state court was dismissed because remands pursuant to 28 U.S.C. Section 1447(e) are not discretionary and therefore not reviewable. |
Civil Procedure |
|
D. O'Scannlain | Jul. 7, 2020 |
19-16487
|
East Bay Sanctuary Covenant v. Barr
Rule denying asylum to aliens arriving at US border with Mexico unless they first applied for, and had been denied, asylum in Mexico or another country they traveled through, was unlawful. |
Immigration |
|
W. Fletcher | Jul. 7, 2020 |
C084299
|
Bayramoglu v. Nationstar Mortgage LLC
Although plaintiffs' discovery responses may have been improper and warranted motion to compel further responses, they were not equivalent of factually devoid discovery responses. |
Civil Procedure |
|
C. Blease | Jul. 6, 2020 |
18-17403
|
American Wild Horse Campaign v. Bernhardt
Bureau of Land Management's plan to 'geld and release' wild horses in American West did not violate National Environmental Policy Act because plan did not have significant effects on environment. |
Environmental Law |
|
S. Graber | Jul. 6, 2020 |
18-16857
|
Zurich American Insurance v. Ironshore Specialty Insurance
Order |
|
Jul. 6, 2020 | ||
18-16937
|
Zurich American Insurance v. Ironshore Specialty Insurance
Order |
|
Jul. 6, 2020 | ||
E069288
|
Barriga v. 99 Cents Only Stores LLC
Trial court misunderstood its duty to carefully scrutinize declarations submitted by defendant in opposition to plaintiff's class certification motion for coercion and abuse. |
Civil Procedure |
|
A. McKinster | Jul. 2, 2020 |
A157551
|
Save Berkeley's Neighborhoods v. Regents of the University of California
Public university's decision to increase enrollment can be considered a 'project' subject to California Environmental Quality Act, regardless of its relation to development plans. |
statutory_interpretation |
|
G. Burns | Jul. 2, 2020 |
G057093
|
MSY Trading Inc. v. Saleen Automotive, Inc.
When judgment creditor attempts to add party to breach of contract judgment that includes contractual fee award, suit is essentially 'on the contract' for purposes of Civil Code Section 1717. |
Attorneys |
|
R. Ikola | Jul. 2, 2020 |
F076417
|
County of Fresno v. Fresno Deputy Sheriff's Assn.
Sheriff's Department properly reassigned deputies based on the County's 'sole and exclusive right' to reassign employees for reasons considered legitimate. |
Contracts |
|
B. Hill | Jul. 2, 2020 |
A154691
|
Steuer v. Franchise Tax Board
Entire amount of trust income derived from California sources may be taxed regardless of trust fiduciaries' residency. |
Tax |
|
T. Jackson | Jul. 2, 2020 |
A157598
|
Howard Jarvis Taxpayers Assn. v. Bay Area Toll Authority
Respondent did not enact the toll increase; it implemented the toll increase the Legislature enacted. |
Civil Procedure |
|
A. Klein | Jul. 2, 2020 |
C088348
|
People v. Campbell
Pandering statue, which omits the definition of 'procure,' is not unconstitutionally vague; the term has been defined in case law. |
Criminal Law and Procedure |
|
M. Butz | Jul. 2, 2020 |
B293952
|
Cundall v. Mitchell-Clyde
Alternative statutory revocation method is available under Probate Code Section 15401 for trusts instruments without an explicitly stated, exclusive revocation method. |
statutory_interpretation |
|
E. Lui | Jul. 2, 2020 |
A156712
|
Adams v. Bank of America
Merely securing a loan on or listing property as an address does not satisfy Civil Code Section 2924.15's 'principal residence' requirement. |
Civil Procedure |
|
T. Jackson | Jul. 2, 2020 |
E074397
|
Webster v. Superior Court (People)
Defendants subject to incarceration for probation violations satisfy the 'subject to incarceration' requirement under Rule 8.851 of California Rules of Court. |
statutory_interpretation |
|
R. Fields | Jul. 2, 2020 |
A159563
|
Walker v. Superior Court (People)
When Sexually Violent Predator Act directs court to 'review the petition' in determining probable cause, it establishes hearsay exception, allowing consideration of expert evaluations on which petition necessarily depends. |
Criminal Law and Procedure |
|
A. Tucher | Jul. 2, 2020 |
A158645
|
City and County of San Francisco v. All Persons Interested in the Matter of Proposition C
Proposition 13's supermajority vote requirements coexist with, and do not displace, the people's power of enactment by majority vote. |
Constitutional Law |
|
A. Tucher | Jul. 2, 2020 |