| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
17-10107
|
U.S. v. Bain
Defendant's inadvertent placement of closed pocket knife on bank counter did not put in jeopardy the life of any person by the use of a dangerous weapon; thus, armed robbery conviction reversed. |
Criminal Law and Procedure |
|
A. Tashima | Jun. 12, 2019 |
|
D075106
|
Ross v. County of Riverside
Plaintiff provided sufficient evidence such that defendant should not have been granted summary judgment on his Labor Code Section 1102.5 and Fair Employment and Housing Act claims. |
Employment Law |
|
J. McConnell | Jun. 12, 2019 |
|
18-1070
|
Lincolnshire, IL v. Int'l Union Local 399
Order |
|
Jun. 11, 2019 | ||
|
17-1498
|
Atlantic Richfield Co. v. Christian
Order |
|
Jun. 11, 2019 | ||
|
18-1109
|
McKinney v. Arizona
Order |
|
Jun. 11, 2019 | ||
|
18-1116
|
Intel Corp. Investment v. Sulyma
Order |
|
Jun. 11, 2019 | ||
|
18-935
|
Monasky v. Taglieri
Order |
|
Jun. 11, 2019 | ||
|
18-1171
|
Comcast Corp. v. Nat. Assn. of African Am.-Owned Media
Order |
|
Jun. 11, 2019 | ||
|
18-389
|
Parker Drilling Management Services, Ltd. v. Newton
Under the Outer Continental Shelf Lands Act, if federal law addresses the relevant issue, state law is not adopted as surrogate federal law on the outer continental shelf. |
Labor Law |
|
C. Thomas | Jun. 11, 2019 |
|
17-1594
|
Return Mail, Inc. v. Postal Service
A federal agency is not a 'person' who may petition for post-issuance patent review under the America Invents Act; thus, judgment was reversed. |
Patent Law |
|
S. Sotomayor | Jun. 11, 2019 |
|
17-778
|
Quarles v. United States
Michigan statute underlying defendant's third-degree home invasion prior conviction substantially corresponded to or was narrower than generic burglary; thus, defendant's prior conviction qualified as burglary under Armed Career Criminal Act. |
Criminal Law and Procedure |
|
B. Kavanaugh | Jun. 11, 2019 |
|
18-15648
|
Beckington v. American Airlines
Employees may not sue their employer under Railway Labor Act for allegedly 'colluding' with union in union's breach of duty; thus district court's judgment dismissing plaintiffs' claim was affirmed. |
Labor Law |
|
J. Bybee | Jun. 11, 2019 |
|
F075173
|
Veiseh v. Stapp
Failure to comply with provisions of the California Uniform Transfers to Minors Act does not render grantor's continued possession and control of real property unlawful for purposes of trespass to realty. |
Torts |
|
D. Franson | Jun. 10, 2019 |
|
E070843
|
Cuevas-Martinez v. Sun Salt Sand, Inc.
Trial court erred in granting respondents' anti-SLAPP motion to malicious prosecution complaint because respondents lacked probable cause to prosecute two claims in their prior lawsuit. |
Anti-SLAPP |
|
M. Slough | Jun. 10, 2019 |
|
B277633
|
Wertheim, LLC v. Currency Corporation
Judgment is not satisfied for purposes of postjudgment enforcement costs pursuant to Code of Civil Procedure Section 685.080 until judgment creditor has been paid; thus, motion for postjudgment costs was timely. |
Civil Procedure |
|
V. Chaney | Jun. 10, 2019 |
|
17-16017
|
U.S. v. Yong
Defendant's guilty plea made in exchange for leniency to third party was not involuntarily because government had probable cause to prosecute third party at time of guilty plea. |
Criminal Law and Procedure |
|
K. Cardone | Jun. 10, 2019 |
|
16-70496
|
Altera Corp. v. Commissioner of Internal Revenue
Treasury Regulation Section 1.482-7(d)(2) was not invalid under 'Chevron' or 'State Farm' statutory interpretation schemes, as it was not arbitrary and capricious and complied with Administrative Procedure Act's procedural requirements. |
Tax |
|
S. Thomas | Jun. 10, 2019 |
|
C086260
|
Amalgamated Transit Union v. San Joaquin Reg. Transit Dist.
Public Utilities Code Sections 50150 and 99159 should be harmonized so 'elected representatives of the employees' is read to mean Board members appointed by the Amalgamated Transit Union, Local 276. |
Government |
|
E. Duarte | Jun. 10, 2019 |
|
B289179
|
Rudisill v. Cal. Coastal Commission
Real parties in interest could have reasonably concluded that petitioner asserted claims against them arising from conduct protected under the anti-SLAPP statute, so attorneys' fees sanctions against real parties were unwarranted. |
Anti-SLAPP |
|
E. Lui | Jun. 7, 2019 |
|
D074219
|
McMillin Homes Construction v. Natl. Fire & Marine Ins. Co.
Insurance company owed general contractor duty to defend homeowner claim where subcontractor shared control of project; care, custody or control exclusion requires exclusive or complete control. |
Insurance |
|
W. Dato | Jun. 7, 2019 |
|
B293080
|
Allied Signal Aerospace v. Workers' Comp. Appeals Bd.
Workers Compensation Appeals Board lacked jurisdiction to review the medical necessity and reasonableness of home healthcare because it was a threshold jurisdictional issue. |
Workers' Compensation |
|
V. Chavez | Jun. 7, 2019 |
|
B287831
|
LAOSD Asbestos Cases
Trial court properly instructed in specific terms under CACI Nos. 1220, 1221, and 1222, relating to plaintiffs' negligence theory supported by the evidence, rather than general terms. |
Torts |
|
T. Willhite | Jun. 7, 2019 |
|
15-72092
|
Amended Opinion: Aguirre Barbosa v. Barr
Under the theft framework, a violation of Oregon Revised Statutes Section 164.395, a crime of robbery in the third degree, is not categorically a crime involving moral turpitude. |
Immigration |
|
S. Graber | Jun. 7, 2019 |
|
17-50308
|
U.S. v. Benamor
Government need not prove defendant knew firearm lacked antiquity exempting it from Penal Code Section 922(g), since antiquity is an affirmative defense rather than an element of the crime. |
Criminal Law and Procedure |
|
S. Graber | Jun. 7, 2019 |
|
15-56014
|
In Re Hyundai and Kia Fuel Economy Litigation
District court did not abuse its discretion in finding that common issues predominated because class members were exposed to uniform fuel-economy misrepresentations and suffered identical injuries within only small range of damages. |
Civil Procedure |
|
J. Nguyen | Jun. 7, 2019 |
|
17-72852
|
Bergelectric v. Secretary of Labor
Petitioner was not performing roofing work when it installed solar panels on a roof and it did not comply with the stricter safety standard governing work on unprotected sides and edges. |
Administrative Agencies |
|
P. Curiam (9th Cir.) | Jun. 7, 2019 |
|
G054496
|
Modification: Mercury Insurance Co. v. Lara
Trial court's ruling that Insurance Companies' 'broker fees' were not premium because they were charged for separate services was barred by collateral estoppel; thus, writ of mandate vacated. |
Insurance |
|
D. Thompson | Jun. 6, 2019 |
|
17-16622
|
National Abortion Federation v. Center for Medical Progress
Court lacked jurisdiction to hear consolidated appeals from district court order holding appellants in civil contempt for violating court's preliminary injunction because no final judgment had been entered. |
Civil Procedure |
|
P. Watford | Jun. 6, 2019 |
|
16-56498
|
NEI Contracting and Engineering v. Hanson Aggregates
Because class representative was found to lack standing, trial court did not abuse its discretion in decertifying class and plaintiff waived standing determination by failing to challenge that determination. |
Civil Procedure |
|
S. Gleason | Jun. 6, 2019 |
|
17-30191
|
U.S. v. Brown
Officers responding to an anonymous tip that young, black man possessed a gun was insufficient to support a stop and frisk of defendant under 'Terry v. Ohio.' |
Criminal Law and Procedure |
|
M. McKeown | Jun. 6, 2019 |