| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B280526
|
Serova v. Sony Music Entertainment
Appellants' challenged statements that Michael Jackson was the lead singer on three tracks of his posthumous album were sufficiently connected to an issue of public interest to warrant anti-SLAPP protection. |
Anti-SLAPP |
|
E. Lui | Jan. 9, 2020 |
|
C086645
|
People v. Roles
A record affirmatively showing defendant acknowledged his right to a jury with extensive conversations with defense counsel is a knowing and intelligent waiver. |
Criminal Law and Procedure |
|
R. Robie | Jan. 9, 2020 |
|
G058416
|
O.C. v. Superior Court (Orange)
A state court's Special Immigrant Juvenile findings must reflect that the minor is found dependent under state law; an order that only cites to federal law is incomplete and insufficient. |
Immigration |
|
K. Dunning | Jan. 9, 2020 |
|
B293881
|
People v. Taylor
Victim being forced to move a few paces into an alleyway does not constitute 'asportation' for kidnapping to commit robbery purposes. |
Criminal Law and Procedure |
|
Jan. 8, 2020 | |
|
A158129
|
Andrew M. v. Superior Court (Contra Costa)
A Proposition 57 hearing not is considered a 'new trial' for defendant's juvenile murder conviction when sentence remanded to juvenile court because no adjudication. |
Juveniles |
|
B. Jones | Jan. 8, 2020 |
|
B295998
|
People v. Lewis
A trial court may look into the prior appellate record to determine if a petitioner is eligible for re-sentencing of natural and probable consequences murder convictions abolished by SB 1437. |
Criminal Law and Procedure |
|
F. Rothschild | Jan. 8, 2020 |
|
B292788
|
Bom v. Superior Court (Los Angeles)
Social worker nonfeasance in the face of a child's murder by his abusive parents does not support a charge of felony child abuse against a social worker under Penal Code 273a. |
Criminal Law and Procedure |
|
F. Rothschild | Jan. 8, 2020 |
|
18-55914
|
Park v. Barr
Lower court erred in interpreting 'domicile' when rejecting alien's naturalization application because 8 U.S.C. Section 1101 is the controlling authority. |
Immigration |
|
J. Farris | Jan. 8, 2020 |
|
B292747
|
Sachs v. Sachs
Transferor's contemporaneous record which kept track of amounts he distributed to beneficiaries satisfied requirements of Probate Code Section 21135. |
probate_and_trusts |
|
M. Tangeman | Jan. 8, 2020 |
|
B293472
|
Dalessandro v. Mitchell
There is no requirement that a party meet and confer with an opposing party to alert the party to defects in discovery requests. |
Civil Procedure |
|
T. Bigelow | Jan. 7, 2020 |
|
B292450
|
People v. Palomar
A reasonable jury could find defendant's act of threats and fatally knocking the victim down unconscious, satisfied the elements for implied malice murder. |
Criminal Law and Procedure |
|
K. Yegan | Jan. 7, 2020 |
|
17-15983
|
Ridgeway v. Walmart
A putative class action case remains live as long as some plaintiffs continue to have an active dispute with the defendant; absent a dismissal, the case is not moot. |
Constitutional Law |
|
E. Siler | Jan. 7, 2020 |
|
18-55643
|
U.S. ex rel. Volkhoff v. Janssen Pharmaceutica
Courts will grant nonparty appeals only if the nonparty participates in district court proceedings and the equities of the case favor hearing an appeal. |
Civil Procedure |
|
M. Smith | Jan. 6, 2020 |
|
B294567
|
Halyard Health, Inc. v. Kimberly-Clark Corporation
A claim must relate to the defendant's contact with the forum in order for a California court to exercise specific personal jurisdiction; mere sales volume is not enough. |
Civil Procedure |
|
L. Baker | Jan. 6, 2020 |
|
S259216
|
Brown v. USA Taekwondo
Order |
|
Jan. 6, 2020 | ||
|
S258966
|
Naranjo v. Spectrum Security Services
Order |
|
Jan. 6, 2020 | ||
|
18-50223
|
U.S. v. Mayea-Pulido
Statute barring derivative citizenship from child under 18 unless both parents naturalize does not violate Equal Protection Clause. |
Civil Procedure |
|
M. Friedland | Jan. 6, 2020 |
|
B284613
|
Safechuck v. MJJ Productions, Inc.
Plaintiffs may proceed with formerly lapsed sexual assault case against perpetrator's corporations because Penal Code Section 340 revived in 2020, extending victim's time to sue. |
Civil Procedure |
|
T. Bigelow | Jan. 6, 2020 |
|
A154448
|
Modification: Sturgell v. Dept. of Fish and Wildlife
A sale and transfer of Dungeness Crab Vessel permit approved by the Department of Fish and Wildlife rendered the appeal reinstating respondent's permit moot. |
Environmental Law |
|
J. Richman | Jan. 6, 2020 |
|
B290069
|
Modification: Long Beach Unified School Dist. v. Margaret Williams, LLC
Anti-SLAPP motion properly granted by trial court due to cross-claims arising out of protected activity, and the challenged claims lacking legal sufficiency due to unconscionability of a disputed indemnity provision. |
Anti-SLAPP |
|
N. Manella | Jan. 3, 2020 |
|
B293813
|
Patel v. Mercedes-Benz USA
The Song-Beverly Consumer Act prohibits lower court from limiting attorney's fees to two different plaintiffs in vehicle breach of warranty case. |
Consumer Law |
|
N. Manella | Jan. 3, 2020 |
|
A156720
|
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. 3, 2020 |
|
A154889
|
Ojjeh v. Brown
Trial court erred in denying defendants anti-SLAPP motion after defendants allegedly failed to produce complete Syrian refugee documentary and solicited funds. |
Anti-SLAPP |
|
C. Fujisaki | Jan. 3, 2020 |
|
18-1351
|
In re: Richard L. Black
Bankruptcy court erred in requiring debtor to dedicate the excess proceeds of postpetition sale of prepetition real estate to pay unsecured creditors under chapter 13 plan. |
Bankruptcy |
|
R. Faris | Jan. 3, 2020 |
|
F076484
|
People v. Lowery
Defendants' failure to object to court imposed fines, fees, and assessments forfeits their appellate claim that the court improperly failed to hold an ability-to-pay hearing. |
Criminal Law and Procedure |
|
H. Levy | Jan. 3, 2020 |
|
17-17351
|
Amended Opinion: Enigma Software v. Malwarebytes, Inc.
The immunity provided in Section 230 of the Communications Decency Act does not apply to software that the provider finds objectionable for anti-competitive reasons. |
Cyber Law |
|
M. Schroeder | Jan. 2, 2020 |
|
16-36082
|
Amended Opinion: Pizzuto v. Blades
Although state court's decision was contrary to clinical standards in place at the time, it was not obvious then that strict adherence to clinical standards was required; thus, habeas relief denied. |
Criminal Law and Procedure |
|
P. Curiam (9th Cir.) | Jan. 2, 2020 |
|
18-15443
|
San Francisco Herring Association v. U.S. Dept. of the Interior
The National Park Service's enforcement action notice and subsequent move to actually enforce fishing restrictions rendered agency action final under the APA; formal rule-making is not a prerequisite for finality. |
Administrative Agencies |
|
D. Bress | Jan. 2, 2020 |
|
18-35629
|
Center for Biological Diversity v. Bernhardt
The Congressional Review Act's streamlined legislative procedure allowing for congressional rescission of newly promulgated agency rules does not unconstitutionally offend separation of powers principles or the Take Care Clause. |
Constitutional Law |
|
S. Ikuta | Dec. 31, 2019 |
|
18-55789
|
Bahra v. City of San Bernardino
Under legislative-intent exception, Plaintiff's California Labor Code Section 1102.5 claim alleging that defendants fired plaintiff from his post in retaliation for his whistleblowing activities was not precluded. |
Labor Law |
|
S. Graber | Dec. 31, 2019 |