| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B295924
|
People v. Jessup
Attaching gang enhancement to marijuana-related felony conviction does not render that conviction ineligible for Proposition 64 redesignation. |
statutory_interpretation |
|
M. Tangeman | Jun. 10, 2020 |
|
G056178
|
DeHoyos v. Superior Court (People)
Trial court impermissibly refused to allow contact with jurors who agreed to speak to defendant's representatives in the past. |
Civil Procedure |
|
T. Goethals | Jun. 10, 2020 |
|
A155691
|
Fadeeff v. State Farm General Insurance Co.
Under 'genuine dispute' rule, in context of bad faith claims, summary judgment is only appropriate where basis for insurer's denial is indisputably reasonable. |
Civil Procedure |
|
M. Miller | Jun. 10, 2020 |
|
A156226
|
Williams v. U.S. Bancorp Investments, Inc.
Collateral estoppel does not bar absent member in putative class that was initially certified, but later decertified, from subsequently pursuing identical class action. |
Civil Procedure |
|
A. Tucher | Jun. 10, 2020 |
|
18-8369
|
Lomax v. Ortiz-Marquez
Prison Litigation Reform Act prohibits in forma pauperis litigation for prisoners with prior suits dismissed on specific grounds, with or without prejudice. |
statutory_interpretation |
|
E. Kagan | Jun. 9, 2020 |
|
19-5267
|
St. Hubert v. United States
Order |
|
Jun. 9, 2020 | ||
|
19-623
|
Shrinivas Sugandhalaya v. Setty
Order |
|
Jun. 9, 2020 | ||
|
19-5990
|
Vogel v. U.S.
Order |
|
Jun. 9, 2020 | ||
|
19-863
|
Niz-Chavez v. Barr
Order |
|
Jun. 9, 2020 | ||
|
E072173
|
People v. Bettasso
Vehicular manslaughter requires proof of elements not necessary to offense of murder; thus vehicular manslaughter is not lesser included offense of murder. |
Criminal Law and Procedure |
|
F. Menetrez | Jun. 9, 2020 |
|
C089997
|
In re M.W.
Indian Child Welfare Act notice was not required because there was no reason to know the minor was an Indian child. |
Native American Affairs |
|
J. Renner | Jun. 9, 2020 |
|
A154960
|
People ex rel. Gascon v. HomeAdvisor, Inc.
Commercial speech that is inherently likely to deceive may be regulated because there is no First Amendment interest at stake. |
Constitutional Law |
|
B. Jones | Jun. 9, 2020 |
|
A158376
|
In re Haden
'People v. Gallardo' does not apply retroactively to convictions that were final when 'Gallardo' was decided. |
Criminal Law and Procedure |
|
S. Pollak | Jun. 9, 2020 |
|
13-74391
|
Tejeda v. Barr
Petitioner's plea agreement, charging document, and minute order were cognizable for modified categorical-approach purposes and established elements of his offense. |
Immigration |
|
P. Curiam (9th Cir.) | Jun. 9, 2020 |
|
C082944
|
Modification: Delta Stewardship Council Cases
Delta Reform Act did not require Council to adopt, as legally enforceable regulations, performance measure targets to achieve certain objectives of the Act. |
Environmental Law |
|
M. Butz | Jun. 9, 2020 |
|
19A1047
|
Williams v. Wilson
Order |
|
Jun. 8, 2020 | ||
|
B290675
|
Modification: Boermeester v. Carry
Fair procedure requires universities allow students in disciplinary sexual misconduct proceedings to cross-examine critical witnesses where credibility is an issue. |
Civil Procedure |
|
T. Bigelow | Jun. 8, 2020 |
|
D076909
|
In re Scott
Sentencing court considering whether to impose increased sentence based on prior qualifying conviction may consider facts defendant admitted as factual basis for guilty plea. |
Criminal Law and Procedure |
|
J. Haller | Jun. 8, 2020 |
|
A153427
|
Doe v. Marten
Plaintiff's medical malpractice claim was not time-barred because defendant's conduct actually and reasonably induced plaintiff to refrain from filing timely action. |
Civil Procedure |
|
C. Fujisaki | Jun. 8, 2020 |
|
B296742
|
People v. Ruiz
Immigration advisement that conviction 'may have' deportation consequences is not adequate for defendants charged with serious controlled substance offenses; defendants must be advised they 'will' be deported. |
Criminal Law and Procedure |
|
A. Gilbert | Jun. 8, 2020 |
|
F076908
|
People v. Sanchez
Jury verdict of not guilty of murder did not preclude, on collateral estoppel grounds, second trial on assault on child causing death. |
Criminal Law and Procedure |
|
J. Detjen | Jun. 5, 2020 |
|
B294228
|
Nicole G. v. Braithwaite
Domestic Violence Prevention Act authorizes ordering restrained parties to move out of property while protected party resumes residence. |
Family Law |
|
M. Stratton | Jun. 5, 2020 |
|
B284002
|
Risperdal and Invega Cases
State-law failure-to-warn claims concerning prescription drugs are preempted only where there is clear evidence that FDA would have rejected proposed label change. |
Torts |
|
H. Dhanidina | Jun. 5, 2020 |
|
19-70115
|
National Family Farm Coalition v. U.S. Environmental Protection Agency
Substantial evidence did not support EPA's decision to grant registration for dicamba herbicides as required under Federal Insecticide, Fungicide, and Rodenticide Act. |
Environmental Law |
|
W. Fletcher | Jun. 5, 2020 |
|
15-72942
|
Roy v. Barr
Petitioner failed to establish equal protection violation with respect to 8 U.S.C. Section 1432(a)(3), the applicable derivative-citizenship statute. |
Immigration |
|
S. Graber | Jun. 5, 2020 |
|
B291116
|
Rubinstein v. Fakheri
The fact that companies' corporate powers were suspended at time of assignment did not affect assignee's standing to sue. |
Contracts |
|
E. Lui | Jun. 4, 2020 |
|
A156411
|
Jarboe v. Hanlees Auto Group
Company affiliation and relatedness of arbitrable claims alone do not establish third-party beneficiary relationships or compel application of equitable estoppel. |
Arbitration |
|
P. Siggins | Jun. 4, 2020 |
|
B296331
|
People v. Tarkington
If petitioner is ineligible for resentencing under Senate Bill No. 1437, their requested appointment of counsel is not required. |
Criminal Law and Procedure |
|
L. Edmon | Jun. 4, 2020 |
|
B303804
|
In re B.P.
Orders issued before dispositional order on Welfare and Institutions Code Section 342 petition are interlocutory and not appealable. |
Dependency |
|
T. Bigelow | Jun. 4, 2020 |
|
A156062
|
Hernandez v. Dept. of Motor Vehicles
Under Vehicle Code Section 13365 DMV must receive express notification of violation of Misdemeanor Statute before suspending driver's licenses. |
statutory_interpretation |
|
M. Simons | Jun. 4, 2020 |