| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S241825
|
Scholes v. Lambirth Trucking Co.
Code of Civil Procedure Section 3346 does not provide enhanced damages or a longer statute of limitations for injuries to timber, trees, or underwood from negligently spread fires. |
Remedies |
|
M. Cuéllar | Feb. 21, 2020 |
|
B297092
|
Conservatorship of A.E.
Probate Code Section 1825(a)'s procedure for a proposed conservatee's production and attendance at the hearing, must be followed regardless of the degree of mental impairment. |
Conservatorship |
|
K. Yegan | Feb. 20, 2020 |
|
B289162
|
People v. Abrahamian
Appellant's undated and unverified notary acknowledgments could not qualify as 'completed items' within the meaning of Penal Code Section 475(a). |
Criminal Law and Procedure |
|
K. Yegan | Feb. 20, 2020 |
|
B296184
|
People v. Alexander
Senate Bill 1393 does not retroactively apply to final convictions that were not directly appealed or petitioned for resentencing after a postjudgment conviction. |
Criminal Law and Procedure |
|
M. Tangeman | Feb. 20, 2020 |
|
B298318
|
Gulf Offshore Logistics, LLC v. Superior Court (Norris)
Louisiana law, rather than California law, applied where non-California residents working in California's territorial waters alleged violations of California state wage and hour laws against employers. |
Civil Procedure |
|
K. Yegan | Feb. 20, 2020 |
|
D075387
|
Citizens for South Bay Coastal Access v. City of San Diego
After Commission certifies local government's land use plan, it delegates authority over coastal development permits to local government; thus, state law did not preempt city's municipal code. |
Municipal Law |
|
J. Irion | Feb. 20, 2020 |
|
C079168
|
People v. Bermudez
Because predicate offenses are background facts and not 'case-specific' out-of-court statements requiring applicable hearsay exception, expert's testimony concerning defendant's predicate offenses was not violative of 'People v. Sanchez.' |
Criminal Law and Procedure |
|
W. Murray | Feb. 20, 2020 |
|
D075097
|
People v. Johnson
Trial courts may determine whether defendant was erroneously placed on parole supervision rather than postrelease community supervision and modify supervision from parole to PRCS if appropriate. |
Criminal Law and Procedure |
|
J. Irion | Feb. 20, 2020 |
|
B282414
|
Summer J. v. United States Baseball Federation
Stadium owners have a duty to take reasonable measures that would increase safety and minimize inherent risks without altering the nature of the game. |
Torts |
|
D. Perluss | Feb. 20, 2020 |
|
B288554
|
Dumas v. L.A. County Bd. of Supervisors
A determination by the court that a meet and confer process was insufficient shall not be grounds to overrule or sustain a demurrer. |
Civil Procedure |
|
N. Manella | Feb. 20, 2020 |
|
E071835
|
Modification: People v. Mendoza
Border Patrol agents must have objectively reasonable suspicion to stop vehicles; stopping vehicles in known drug area based on agents 'good faith' hunch is insufficient. |
Criminal Law and Procedure |
|
M. Slough | Feb. 20, 2020 |
|
18-15738
|
Bridge Aina Le'a v. State of Hawaii Land Use Commission
Plaintiff did not establish taking pursuant to 'Penn Central' when state reverted land use classification from conditional urban use to agriculture use. |
Constitutional Law |
|
M. Smith | Feb. 20, 2020 |
|
F076227
|
Lateef v. City of Madera
Madera Municipal Code Section 10-3.1310(E) does not emphasize those voting, but rather the number of votes required to overturn the denial of an application for a use permit. |
Municipal Law |
|
M. Snauffer | Feb. 19, 2020 |
|
D071379
|
Marriage of Deluca
Payments are deductible from income available for support following a finding that the payment reasonably and legitimately reduces the spouse's net income available for support. |
Family Law |
|
W. Dato | Feb. 18, 2020 |
|
B295755
|
In re E.F.
TROs issued at arraignments are not literally orders issued 'without notice' but are issued without notice in advance of the hearing and thus permitted. |
Juveniles |
|
B. Hoffstadt | Feb. 18, 2020 |
|
C087294
|
Alliance for Constitutional v. Dept. of Corrections
Department of Corrections and Rehabilitation's categorical exclusion of all sex offenders from Proposition 57 parole consideration is inconsistent with the initiative's plain meaning; all non-violent offenders are eligible. |
Criminal Law and Procedure |
|
E. Duarte | Feb. 18, 2020 |
|
B289712
|
Soto v. Union Pacific Railroad Co.
Defendant cannot be held liable for a dangerous condition of property it did not own or control even with expressed easement rights to the property. |
Torts |
|
D. Perluss | Feb. 18, 2020 |
|
H044890
|
Travelers Property Casualty Co. of America v. KLA-Tencor Corp.
Under insurance policy, malicious prosecution coverage involves legal proceedings; thus, objectively reasonable insured could not expect malicious prosecution coverage to extend to 'Walker Process' claims which arise from fraud on PTO. |
Contracts |
|
N. Mihara | Feb. 18, 2020 |
|
C087059
|
People v. Marcus
Proposition 36 did not overrule the California Supreme Court's holding in 'People v. Hendrix' that the trial court has the discretion to sentence certain serious and violent felonies concurrently. |
Criminal Law and Procedure |
|
E. Duarte | Feb. 18, 2020 |
|
B294220
|
Torres v. Design Group Facility Solutions, Inc.
A party unsuccessfully moving for summary judgment cannot then circumvent Code of Civil Procedure Section 437c requirements by subsequently moving for reconsideration under Section 1008(a). |
Civil Procedure |
|
H. Dhanidina | Feb. 18, 2020 |
|
B296613
|
Modification: People v. Villatoro
Trial court may not initiate, nor can a district attorney implicitly concur with a trial court's initiation of infraction proceedings. |
Criminal Law and Procedure |
|
Feb. 18, 2020 | |
|
B291385
|
Modification: Schmidt v. Superior Court
A constitutional finding of judicial gender bias warranting reversal on due process grounds is only appropriate when 'extreme facts' demonstrate a probability of actual bias. |
Constitutional Law |
|
J. Wiley | Feb. 18, 2020 |
|
S259522
|
Berroteran v. Superior Court (Ford Motor Company)
Order |
|
Feb. 14, 2020 | ||
|
S259523
|
Handoush v. Lease Finance Group
Order |
|
Feb. 14, 2020 | ||
|
S243805
|
Frlekin v. Apple Inc.
An employer's level of control over employees, not the mandatory nature of employees' activity, determines whether 'hours worked' are compensable under Wage Order 7. |
Employment Law |
|
T. Cantil-Sakauye | Feb. 14, 2020 |
|
S130263
|
In re Gay
Because attorney allowed client to incriminate himself to district attorney, conducted minimal investigation, and otherwise deceived client, attorney's representation was deficient and defendant's subsequent verdict warranted reversal. |
Criminal Law and Procedure |
|
L. Kruger | Feb. 14, 2020 |
|
14-99001
|
Amended Opinion: Kirkpatrick v. Chappell
Although allowing jury to consider defendant's poisoning of dogs at penalty phase was error, jury still would have found that aggravating circumstances outweighed mitigating circumstances; thus, death sentence affirmed. |
Criminal Law and Procedure |
|
C. Bea | Feb. 14, 2020 |
|
18-10026
|
U.S. v. Gagarin
A reasonable jury could have found defendant guilty of aggravated identity theft after she forged electronic signatures on a life insurance policy belonging to her cousin. |
Criminal Law and Procedure |
|
R. Gould | Feb. 14, 2020 |
|
S029551
|
Modification: People v. Johnson
A prosecutor's peremptory strike of three out of five black jurors coupled with launching a background check into another black juror is insufficient to sustain a Batson/Wheeler motion. |
Constitutional Law |
|
T. Cantil-Sakauye | Feb. 14, 2020 |
|
S029843
|
Modification: People v. Beck and Cruz
Evidence was collectively sufficient to corroborate accomplice's testimony and to demonstrate that defendants were part of a conspiracy to kill the victims. |
Criminal Law and Procedure |
|
G. Liu | Feb. 14, 2020 |