| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C089670
|
People v. Duffy
Defendant's enhancements were stricken after he was improperly convicted for the same offense, possession of a concealed firearm in a vehicle, based on alternate legal theories. |
Criminal Law and Procedure |
|
R. Robie | Jun. 30, 2020 |
|
A157067
|
Universal Home Improvement, Inc. v. Robertson
Parties responding to Requests for Admissions may avoid shifting costs and expenses by establishing reasonable basis for potential success at trial. |
Remedies |
|
J. Richman | Jun. 29, 2020 |
|
A160153
|
Bullock v. Superior Court (People)
Courts must demonstrate particularized nexus between COVID-19 pandemic and its inability to conduct timely preliminary hearing in order to extend time. |
Criminal Law and Procedure |
|
M. Simons | Jun. 29, 2020 |
|
A157597
|
Regents of the University of California v. Public Employment Relations Bd.
Public Employment Relations Board did not abuse its discretion in adding new classification into preexisting bargaining unit. |
Administrative Agencies |
|
S. Margulies | Jun. 29, 2020 |
|
A157494
|
People v. Paige
Defendants charged with felony murder but convicted of voluntary manslaughter pursuant to a plea agreement are not eligible for relief under Penal Code Section 1170.95. |
statutory_interpretation |
|
T. Stewart | Jun. 29, 2020 |
|
18-10416
|
U.S. v. Cox
Defendant satisfied 'notice' requirement for child pornography conviction when she sent one-to-one electronic message to Dropbox account that contained child pornography. |
Criminal Law and Procedure |
|
J. Gwin | Jun. 29, 2020 |
|
19-16299
|
State of California v. Trump
Budgetary transfers of funds for construction of wall on southern border of United States were not authorized under Department of Defense Appropriations Act of 2019. |
Constitutional Law |
|
S. Thomas | Jun. 29, 2020 |
|
19-16102
|
Sierra Club v. Trump
Where plaintiffs establish that they satisfy requirements of Article III standing, they may invoke separation-of-powers constraints, like Appropriations Clause, to challenge agency spending in excess of its delegated authority. |
Constitutional Law |
|
S. Thomas | Jun. 29, 2020 |
|
18-35938
|
Roberts v. City of Fairbanks
Order |
|
Jun. 29, 2020 | ||
|
18-71460
|
Xochihua-Jaimes v. Barr
Petitioner established requisite level of torture with acquiescence by public official by credibly testifying that she was beaten severely and threatened with death at gunpoint by drug cartel, while Mexican police laughed. |
Immigration |
|
M. Smith | Jun. 29, 2020 |
|
19-161
|
Department of Homeland Security v. Thuraissigiam
As applied here, Section 1252(e)(2) of Illegal Immigration Reform and Immigrant Responsibility Act did not violate the Suspension Clause. |
Immigration |
|
S. Alito | Jun. 26, 2020 |
|
S249895
|
Abbott Laboratories v. Superior Court (People)
District attorneys may, in properly pleaded cases, seek remedies for UCL violations occurring within or outside their counties' borders. |
Remedies |
|
G. Liu | Jun. 26, 2020 |
|
S253155
|
In re Scoggins
Defendant's conduct in planning unarmed assault and robbery, did not support robbery-murder special-circumstance finding because defendant did not know his accomplices would shoot and kill victim. |
Criminal Law and Procedure |
|
G. Liu | Jun. 26, 2020 |
|
S255843
|
People v. Stamps
Defendant was entitled to limited remand to allow him the opportunity to request relief under Senate Bill No. 1393, which might have consequences to his plea agreement. |
Criminal Law and Procedure |
|
C. Corrigan | Jun. 26, 2020 |
|
B291609
|
Hanouchian v. Steele
Agreements to adhere to fraternal organization guidelines did not impose greater legal duty upon possessor of land than those imposed by current laws. |
Torts |
|
A. Egerton | Jun. 26, 2020 |
|
E071287
|
Modification: Mosley v. Pacific Specialty Insurance Co.
An insured increases a hazard within its control only if the insured is aware of the hazard or it is reasonably discoverable. |
Contracts |
|
C. Codrington | Jun. 26, 2020 |
|
S261812
|
Conservatorship of B.(E.)
Order |
|
Jun. 26, 2020 | ||
|
S261157
|
Howerton (Kevin) on H.C.
Order |
|
Jun. 26, 2020 | ||
|
17-10252
|
U.S. v. Johnson
Although government did not prove at trial that defendant knew of his status as convicted felon, court records contained information about his prior felony convictions and years served in prison. |
Criminal Law and Procedure |
|
P. Watford | Jun. 26, 2020 |
|
18-17395
|
M&T Bank v. SFR Investments Pool 1
Quiet title actions are 'contract' claims under Housing and Economic Recovery Act, subject to statute of limitations of at least six years. |
Real Property |
|
A. Hurwitz | Jun. 26, 2020 |
|
18-56471
|
Blumenthal Distributing Inc. v. Herman Miller Inc.
Plaintiff did not supply legally sufficient evidence of fame of its claimed trade dresses; thus, judgment against defendant for trade dress dilution was reversed. |
Intellectual Property |
|
E. Korman | Jun. 26, 2020 |
|
S116307
|
Modification: People v. Flores
Jury reasonably concluded defendant committed murder because defendant was with victim, he shot someone near his van, and returned without victim. |
Criminal Law and Procedure |
|
L. Kruger | Jun. 26, 2020 |
|
G057970
|
People v. Mayfield
Trial court abused its discretion by striking one of respondent's prior strikes after he committed hate crime against pregnant African American woman. |
Criminal Law and Procedure |
|
W. Bedsworth | Jun. 25, 2020 |
|
19-35242
|
Van v. LLR Inc.
The temporary loss of use of one's money constitutes an injury in fact for purposes of Article III standing. |
Constitutional Law |
|
P. Curiam (9th Cir.) | Jun. 25, 2020 |
|
C087347
|
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 | Jun. 25, 2020 |
|
D072779
|
Pankey v. Petco Animal Supplies, Inc.
Only diseased animals displaying symptoms of illness are products subject to a products liability design defect claim. |
Torts |
|
R. Huffman | Jun. 25, 2020 |
|
H046693
|
People v. E.B.
Change of plea and dismissal of accusatory pleading under Penal Code Section 1203.4 is not the equivalent of vacation of conviction warranting relief under Section 851.91. |
statutory_interpretation |
|
N. Mihara | Jun. 25, 2020 |
|
H045069
|
Oliver v. Konica Minolta Business Solutions U.S.A., Inc.
Triable issues existed regarding whether service technicians' commute in their personal vehicles constituted hours worked; thus, summary adjudication should not have been granted in defendant's favor. |
Civil Procedure |
|
P. Bamattre-Manoukian | Jun. 25, 2020 |
|
F075772
|
Masellis v. Law Office of Leslie F. Jensen
Applicable standard of proof in 'settle and sue' legal malpractice action is preponderance of the evidence and not an otherwise higher standard. |
Attorneys |
|
D. Franson | Jun. 24, 2020 |
|
19-1230
|
In re Chad Paul Delannoy
Purchasing chapter 7 bankruptcy debtor's appeal rights does not guarantee victory in asserting the preclusive effect of the judgment. |
Bankruptcy |
|
L. Taylor | Jun. 24, 2020 |