| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
E072845
|
People v. Law
Defendant was not entitled to relief under Penal Code Section 1170.95 because he was a major participant and acted with reckless indifference to human life. |
Criminal Law and Procedure |
|
M. Slough | May 7, 2020 |
|
A157256
|
In re Mary C.
Courts are not required to find children 'generally' adoptable, rather the children must 'likely' be adopted within a reasonable time. |
Dependency |
|
J. Streeter | May 7, 2020 |
|
B292524
|
Waller v. FCA US LLC
Plaintiff's expert testimony was not admissible because the testimony failed to establish any basis for his observation. |
Evidence |
|
E. Lui | May 7, 2020 |
|
18-16836
|
Center for Biological Diversity v. Esper
NHPA Section 402 compliance does not require agency to consult with specific parties or permit direct public participation. |
Environmental Law |
|
J. Jack | May 7, 2020 |
|
A158689
|
Hiona v. Superior Court (2154 Taylor LLC)
Under Code of Civil Procedure Section 403.040(e), the superior court was not required to reclassify claims as limited under the circumstances. |
Civil Procedure |
|
B. Jones | May 7, 2020 |
|
B294617
|
Gruber v. Gruber
Plaintiff's malicious prosecution claim did not lack 'minimal merit' because defendants' claim in previous lawsuit lacked probable cause. |
Anti-SLAPP |
|
B. Hoffstadt | May 6, 2020 |
|
B291695
|
Patel v. Chavez
Section 1983 does not preempt application of the anti-SLAPP statute to Section 1983 claims in state court. |
Anti-SLAPP |
|
F. Rothschild | May 6, 2020 |
|
G057343
|
Caldera v. Dept. of Corrections & Rehabilitation
When hiring out-of-town counsel, trial courts must consider counsel's 'home market rate' instead of local rate when determining compensation. |
Remedies |
|
E. Moore | May 6, 2020 |
|
B294732
|
Modification: Communities for a Better Environment v. South Coast Air Quality Management District
Agency's choice of using near-peak baseline was sound because it followed the practice of the federal Environmental Protection Agency. |
Environmental Law |
|
J. Wiley | May 6, 2020 |
|
C080349
|
Modification: Coast Community College Dist. v. Commission on State Mandates
Minimum condition regulations imposed requirements on community college districts in connection with underlying programs legally compelled by the state. |
Education |
|
May 6, 2020 | |
|
B298750
|
In re D.B.
Father's violence, verbal abuse, racism, impulsivity, and lack of insight created substantial evidence that daughter faced substantial risk of serious emotional damage. |
Dependency |
|
J. Wiley | May 6, 2020 |
|
B298914
|
People v. Triplett
Juries should be informed or reminded of their right to readback of testimony upon request to review testimony but such error was harmless here. |
Criminal Law and Procedure |
|
F. Rothschild | May 6, 2020 |
|
B292448
|
Robertson v. Saadat
Plaintiff was not entitled to use her deceased husband's stored sperm for conception because decedent never expressed an intent to do so. |
Torts |
|
H. Bendix | May 6, 2020 |
|
A158055
|
People v. Edwards
Courts may review records of conviction and other information in determining if petitioners meet requirements under Penal Code Section 1170.95. |
Criminal Law and Procedure |
|
I. Petrou | May 6, 2020 |
|
B296549
|
In re I.A.
Prosecutors must show dominion and control over a gun to establish a minor was in actual or constructive possession. |
Criminal Law and Procedure |
|
M. Tangeman | May 6, 2020 |
|
B300439
|
Lopez v. Escamilla
Judgments may be amended to add alter ego defendants either by a subsequent complaint or motion in the original action. |
Civil Procedure |
|
A. Gilbert | May 6, 2020 |
|
E073131
|
In re S.O.
No joint recommendation report was required under Welfare and Institution code Section 241.1 because the matter was three years into dual status jurisdiction. |
Dependency |
|
A. McKinster | May 6, 2020 |
|
B295043
|
People v. Torres
Trial court erred in admitting testimony from preliminary hearing because prosecution failed to establish its due diligence in making the witness available. |
Criminal Law and Procedure |
|
J. Wiley | May 6, 2020 |
|
18-268
|
Kinder Morgan Energy v. Upstate Forever
Order |
|
May 6, 2020 | ||
|
19-930
|
CIC Services LLC v. Internal Revenue Service
Order |
|
May 6, 2020 | ||
|
19-5807
|
Edwards v. Vannoy
Order |
|
May 6, 2020 | ||
|
18-35845
|
Empire Health Foundation v. Azar
Health and Human Services' rulemaking process for its 2005 rule, while not perfect, satisfied APA's notice-and-comment requirements but was substantively invalid. |
statutory_interpretation |
|
M. Smith | May 6, 2020 |
|
18-70855
|
Aguilar Fermin v. Barr
Substantial evidence supported denial of relief and Notice to Appear for removal proceedings need not contain time, date, and location to vest immigration courts with jurisdiction. |
Immigration |
|
J. Bybee | May 6, 2020 |
|
C088227
|
Modification: In re J.H.
Restitution orders imposed in delinquency proceedings are not subject to 10-year enforcement period of Code of Civil Procedure Section 683.020. |
Juveniles |
|
J. Renner | May 5, 2020 |
|
S242494
|
In re A.N.
Fourth truancy report must be issued to attendance supervisor or school superintendent to establish juvenile court jurisdiction. |
statutory_interpretation |
|
M. Chin | May 5, 2020 |
|
S116307
|
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 | May 5, 2020 |
|
18-10341
|
U.S. v. Yang
No privacy rights exist in rental vehicle's historical location data if company's firm return policy is not adhered to. |
Criminal Law and Procedure |
|
C. Bea | May 5, 2020 |
|
16-73915
|
Romero-Millan v. Barr
Order |
|
May 5, 2020 | ||
|
19-36020
|
John Doe #1 v. Trump
Order |
|
May 5, 2020 | ||
|
18-55635
|
Amended Opinion: Daniels v. The Walt Disney Co.
Using colors to represent a mood or emotion is an idea that does not fall within the protection of copyright; thus, plaintiff's characters were not protected. |
Copyright |
|
M. McKeown | May 5, 2020 |