| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B296630
|
People v. Verdugo
Penal Code Section 1170.95(c) permits the superior court to screen relief petitions prior to appointing counsel to ensure petitioner has made a prima facie showing that resentencing is warranted. |
Criminal Law and Procedure |
|
D. Perluss | Jan. 16, 2020 |
|
18-540
|
Rutledge v. Pharmaceutical Care Management
Order |
|
Jan. 15, 2020 | ||
|
19-199
|
Salinas v. Railroad Retirement Board
Order |
|
Jan. 15, 2020 | ||
|
19-631
|
Barr v. Political Consultants
Order |
|
Jan. 15, 2020 | ||
|
18-938
|
Ritzen Group, Inc. v. Jackson Masonry, LLC
A bankruptcy court's denial of motion for relief from an automatic stay under 11 U.S.C. Section 362(a) constitutes a final, immediately appealable order under 28 U.S.C. Section 158(a). |
Bankruptcy |
|
R. Ginsburg | Jan. 15, 2020 |
|
18-1165
|
Retirement Plans Commitee of IBM v. Jander
To state claim for breach of duty of prudence on basis of inside information, plaintiff must plausibly allege alternative action that defendant could have taken that would have been consistent with securities laws. |
Securities |
|
P. Curiam (USSC) | Jan. 15, 2020 |
|
17-73308
|
Altayar v. Barr
An aggravated assault conviction under Arizona law involving a deadly weapon or dangerous instrument qualifies as a crime involving moral turpitude. |
Immigration |
|
D. Bress | Jan. 15, 2020 |
|
G057013
|
City of Huntington Beach v. Becerra
The California Values Act addresses a matter of statewide concern and thus preempts the City of Huntington Beach's constitutionally authorized power to manage the city police force. |
Constitutional Law |
|
R. Fybel | Jan. 14, 2020 |
|
B291027
|
Villarreal v. Gordon
DMV suspending drivers' licenses based on out-of-state DUI convictions is not sufficient to award attorney fees since benefit doesn't affect general public. |
Remedies |
|
G. Chaney | Jan. 14, 2020 |
|
13-70653
|
Torres v. Barr
Order |
|
Jan. 14, 2020 | ||
|
17-16299
|
Amended Opinion: Lima v. Educational Credit Management Corp.
Nonprofit guaranty agency, which operates as intermediary between student-loan lender and U.S., was exempt from definition of 'debt collector' and thus not subject to violations of Fair Debt Collection Practices Act. |
statutory_interpretation |
|
S. Graber | Jan. 14, 2020 |
|
16-71309
|
Jauregui-Cardenas v. Barr
Unlawful use of false document to conceal citizenship under California Penal Code Section 114 is not an aggravated felony or crime of moral turpitude under Immigration and Naturalization Act. |
Immigration |
|
R. Whaley | Jan. 14, 2020 |
|
19-70522
|
In Re: Williams-Sonoma Inc.
Seeking discovery of name of class member is not relevant within meaning of Federal Rule of Civil Procedure 26(b)(1); thus, district court clearly erred when it ordered the discovery in question. |
Civil Procedure |
|
F. Fernandez | Jan. 14, 2020 |
|
B290492
|
Blizzard Energy, Inc. v. Schaefers
Kansas Court of Appeals decision affirming jury's verdict against appellant moots his appeal based on res judicata principles. |
Civil Procedure |
|
K. Yegan | Jan. 14, 2020 |
|
B294553
|
People v. Parker
The Mentally Disordered Offender Act extends prisoners' custody time for good cause, by conducting inmates' mental health evaluations to prevent potential threats to public safety. |
statutory_interpretation |
|
M. Tangeman | Jan. 14, 2020 |
|
B295284
|
In re M.B.
An analysis of restitution fines under Penal Code Section 1202.4 is inapplicable to restitution fines imposed in juvenile court under Welfare and Institutions Code Section 730.6. |
Juveniles |
|
K. Yegan | Jan. 14, 2020 |
|
17-1529
|
Clearstream Banking S.A. v. Peterson
Order |
|
Jan. 14, 2020 | ||
|
17-1530
|
Banca UBAE, S.P.A. v. Peterson
Order |
|
Jan. 14, 2020 | ||
|
17-1534
|
Bank Markazi v. Peterson
Order |
|
Jan. 14, 2020 | ||
|
18-9325
|
Jefferson v. U.S.
Order |
|
Jan. 14, 2020 | ||
|
B291112
|
Bingener v. City of Los Angeles
'Going and coming rule' under respondeat superior theory prevented employer from being held vicariously liable when employee hit and killed pedestrian while driving to work in his personal vehicle. |
Torts |
|
A. Jones | Jan. 13, 2020 |
|
A152284
|
People v. Harper
'Williamson rule' did not bar defendants convictions because general statute contemplated more culpable conduct than special statute. |
Criminal Law and Procedure |
|
M. Miller | Jan. 13, 2020 |
|
18-35920
|
Planned Parenthood v. U.S. Dept. of Health & Human Services
The 2018 Tier 1 Funding Opportunity Announcement that described criteria for grant selection under Teen Pregnancy Prevention Program was contrary to law. |
Administrative Agencies |
|
R. Gould | Jan. 13, 2020 |
|
A156720
|
Modification: People v. Blanchard
'In re Sade C.' determines if appeal from an incompetency finding and civil commitment is warranted where defense counsel asserts there are no arguable appellate issues. |
Criminal Law and Procedure |
|
P. Siggins | Jan. 10, 2020 |
|
B288886
|
Dignity Health v. Local Initiative Health Care Authority
Under Welfare and Institutions Code Section 14105.28, healthcare providers may only be reimbursed at state-set reimbursement rates after providing post-emergency stabilization treatment to Medi-Cal patients. |
Health Care |
|
H. Bendix | Jan. 10, 2020 |
|
B293857
|
Shayan v. Spine Care and Orthopedic Physicians
Where case tried on merits absent defendants may not avail themselves of statute that grants relief to clients of attorneys whose mistakes cause default judgments. |
Civil Procedure |
|
J. Wiley | Jan. 10, 2020 |
|
B292976
|
People v. Venegas
Courts have discretion to refuse to strike firearm enhancements based on the requesting party's criminal record or where there's no good cause to strike. |
Evidence |
|
J. Wiley | Jan. 9, 2020 |
|
B294336
|
In re L.W.
An issued three-year restraining order is a reasoned and reasonable response to minors being sexually assaulted at high school football game by delinquent. |
Juveniles |
|
S. Perren | Jan. 9, 2020 |
|
B296605
|
People v. Cornelius
To file a petition for resentencing, a defendant must meet all three conditions under Penal Code Section 1170.95(a). |
Criminal Law and Procedure |
|
M. Tangeman | Jan. 9, 2020 |
|
A155523
|
Warwick California Corp. v. Applied Underwriters
A Statement of Decision issued by the superior court is generally not a final judgment and thus not appealable; the losing party must wait until final judgment to appeal. |
Civil Procedure |
|
A. Tucher | Jan. 9, 2020 |