| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A155254
|
Modification: In re B.D.
Family Services Bureau's Welfare and Institutions Code Section 366.26 report violated statutory obligations by omitting evidence material to adoptability and was so inadequate that minor's due process rights were denied. |
Dependency |
|
J. Streeter | Jun. 28, 2019 |
|
G054027
|
Guillory v. Hill
Plaintiff's attorney fees request was unreasonable in comparison to the actual damages award; thus, trial court properly denied request. |
Civil Procedure |
|
R. Aronson | Jun. 28, 2019 |
|
B279739
|
Jenni Rivera Enterprises v. Latin World Entertainment
Plaintiff made a prima facie showing sufficient to support favorable judgment on its claims against Producer defendants, but First Amendment barred plaintiff's claims against broadcaster. |
Anti-SLAPP |
|
J. Segal | Jun. 28, 2019 |
|
18-422
|
Rucho v. Common Cause
Partisan gerrymandering claims presented nonjusticiable political questions due to a lack of constitutional directives or guiding legal standards for courts to follow in resolving such claims. |
Government |
|
J. Roberts | Jun. 28, 2019 |
|
18-966
|
Department of Commerce v. New York
Evidence showed that government's rationale to enforce citizenship question on 2020 census seems to have been contrived; thus, district court was warranted in remanding to agency. |
Administrative Agencies |
|
J. Roberts | Jun. 28, 2019 |
|
18-6210
|
Mitchell v. Wisconsin
Wisconsin statute assuming unconscious drivers' consent to blood test for drugs or alcohol provided an exception to the Fourth Amendment's warrant requirement for blood draws. |
Constitutional Law |
|
S. Alito | Jun. 28, 2019 |
|
G056042
|
People v. Mejia
Under Penal Code Section 1473.7, in order to invalidate a conviction due to prejudicial error it is not necessary to make a showing of ineffective assistance of counsel. |
Criminal Law and Procedure |
|
E. Moore | Jun. 28, 2019 |
|
B293885
|
Samsky v. State Farm Mutual Automobile Ins. Co.
Appellant satisfied requirements of Code of Civil Procedure Section 2033.420(a) and respondent failed to meet exceptions under Section 2033.420(b), so appellant was entitled to costs of proof under Section 2033.420(a). |
Civil Procedure |
|
M. Stratton | Jun. 28, 2019 |
|
D073879
|
Byrd v. State Personnel Bd.
Government Code Section 21198 prevented plaintiff's reinstatement at higher salary level; 'reinstatement' under this section means the same title and pay rate as formerly held. |
Government |
|
W. Dato | Jun. 28, 2019 |
|
B290128
|
Lewis v. Ukran
When requesting reduction of award of future damages to present value, defendant bears the burden of providing evidence of valid lowered amount. |
Torts |
|
B. Currey | Jun. 28, 2019 |
|
G054027
|
Modification: Guillory v. Hill
Plaintiff's attorney fees request was unreasonable in comparison to the actual damages award; thus, trial court properly denied request. |
Civil Procedure |
|
R. Aronson | Jun. 28, 2019 |
|
S161399
|
People v. Molano
Under Evidence Code Section 1101(b), admission of defendant's violence against other women, including that he choked his wife to unconsciousness was relevant to defeat his claim that victim's death was accidental. |
Criminal Law and Procedure |
|
C. Corrigan | Jun. 28, 2019 |
|
S239122
|
Modification: People v. Valenzuela
Reduction of defendant's grand theft conviction to misdemeanor through Proposition 47 established absence of essential element of street terrorism offense -- felonious criminal conduct; thus, street terrorism conviction was dismissed. |
Criminal Law and Procedure |
|
T. Cantil-Sakauye | Jun. 28, 2019 |
|
A151809
|
People v. Alexander
Under Penal Code Section 1538.5 (a)(1)(A), a warrantless arrest is reasonable and valid when probable cause is present; thus, surveillance video of suspects satisfied this standard. |
Criminal Law and Procedure |
|
M. Simons | Jun. 27, 2019 |
|
B290608
|
Lomeli v. State Dept. of Health Care Services
Collateral estoppel did not bar government's lien on plaintiff's settlement with tortfeasors; court's approval of settlement was not a decision for purposes of collateral estoppel. |
Health Care |
|
J. Wiley | Jun. 27, 2019 |
|
A153352
|
People v. Boatwright
Even if a charge is not explicitly stated in Proposition 64, an individual may seek to reduce his sentence and the trial court should evaluate in accordance with the law. |
Criminal Law and Procedure |
|
G. Sanchez | Jun. 27, 2019 |
|
18-96
|
Tennessee Wine and Spirits Retailers Assn. v. Thomas
Section 2 of Twenty-First Amendment does not confer limitless authority to regulate alcohol trade; thus, under dormant Commerce Clause, State's two year residency requirement for license to operate liquor store was unconstitutional. |
Constitutional Law |
|
S. Alito | Jun. 27, 2019 |
|
18-15
|
Kisor v. Wilkie
'Auer v. Robbins' and 'Bowles v. Seminole Rock & Sand Co.' which allow courts to defer to an agency's reasonable interpretation of its own genuinely ambiguous regulations, remain in place. |
Administrative Agencies |
|
E. Kagan | Jun. 27, 2019 |
|
17-1672
|
U.S. v. Haymond
When 'a finding of fact alters the legally prescribed punishment so as to aggravate it' that finding must be made by a jury of the defendant's peers beyond a reasonable doubt. |
Criminal Law and Procedure |
|
N. Gorsuch | Jun. 27, 2019 |
|
17-35760
|
Skokomish Tribe v. Jamestown S'Klallam Tribe
Tribe failed to comply with the jurisdictional rules and pre-filing requirements of Judge's decision in 'United States v. Washington,' so summary judgment against the Tribe was proper. |
Native American Affairs |
|
C. Bea | Jun. 27, 2019 |
|
17-15713
|
Interior Glass Systems v. U.S.
Taxpayer failed to disclose its participation in the Group Term Life Insurance Plan, a transaction substantially similar to the listed transaction of IRS Notice 2007-83, warranting monetary penalties. |
Tax |
|
P. Watford | Jun. 27, 2019 |
|
F077508
|
In re J.M.
The First Amendment's protection of free speech does not extend to protecting malicious statements that have the ability to provoke an immediate breach of peace, including false bomb threats. |
Constitutional Law |
|
J. Detjen | Jun. 26, 2019 |
|
D073830
|
People v. Korwin
Under Penal Code Section 288.3(a), contacting a minor with knowledge and intent to commit a sexual offense, it is not required that the victim is an actual minor. |
Criminal Law and Procedure |
|
J. McConnell | Jun. 26, 2019 |
|
A151536
|
Pneuma International, Inc. v. Cho
Trial court did not err in declining to base California's Unfair Competition Law cause of action on common-law tort of trespass to chattel; thus, judgment was affirmed. |
Torts |
|
J. Humes | Jun. 26, 2019 |
|
A153423
|
County of Sonoma v. Gustely
Trial court abused its discretion by reducing administrative hearing officer's daily penalty rate without identifying flaws in the hearing officer's process or lack of evidentiary support for the calculation. |
Administrative Agencies |
|
J. Kline | Jun. 26, 2019 |
|
G051787
|
People v. Toledano
After defendant proposed legally incorrect jury instructions on his litigation privilege affirmative defense, the trial court's failure to give legally correct instructions sua sponte prejudiced defendant. |
Criminal Law and Procedure |
|
R. Aronson | Jun. 26, 2019 |
|
B284521
|
Gonzalez v. City National Bank
42 U.S.C. Section 1396p(d)(4)(A) mandates that Department of Health Care Services seek recovery of total medical assistance paid on behalf of beneficiary in special needs trust containing that condition. |
probate_and_trusts |
|
N. Stone | Jun. 26, 2019 |
|
17-55180
|
Biel v. St. James School
Order |
|
Jun. 26, 2019 | ||
|
17-1679
|
Gray v. Wilkie
Order |
|
Jun. 25, 2019 | ||
|
17-1693
|
Blue Water Navy Vietnam Veterans v. Wilkie
Order |
|
Jun. 25, 2019 |