| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A151318
|
SSL Landlord v. County of San Mateo
County Assessment Appeals Board's findings enabled reviewing court to trace and examine the agency's mode of analysis; thus, plaintiff not entitled to attorney fees under Revenue and Taxation Code Section 1611.6. |
Tax |
|
I. Petrou | Apr. 25, 2019 |
|
C082614
|
Poncio v. Dept. of Resources Recycling and Recovery
CalRecycle's revocation of a probationary certificate was valid after a recycling center's managing employee attempted to provide something of value to a CalRecycle auditor after providing records. |
Administrative Agencies |
|
L. Mauro | Apr. 25, 2019 |
|
17-56343
|
Mills v. City of Covina
A conviction or judgment that has been reversed on appeal and vacated lacks preclusive effect and cannot serve as collateral estoppel in a later proceeding. |
Civil Rights |
|
R. Nelson | Apr. 25, 2019 |
|
17-55983
|
Malibu Textiles v. Label Lane Int'l
Because plaintiff successfully pled striking similarity in its copyright infringement claim against defendants, the district court erred in dismissal. |
Copyright |
|
M. Real | Apr. 25, 2019 |
|
17-55297
|
Californians for Renewable Energy v. CPUC
A utility using a qualifying facility's energy to meet a Renewables Portfolio Standard (RPS) may not calculate avoided cost based on energy sources that do not also meet the RPS. |
Utilities |
|
A. Marbley | Apr. 25, 2019 |
|
17-55036
|
Rojas v. FAA
The FAA did not show that it conducted a search reasonably calculated to uncover all relevant documents in response to plaintiff's request; thus, the district court erred in granting summary judgment. |
Government |
|
D. Molloy | Apr. 25, 2019 |
|
17-15515
|
Knighton v. Cedarville Rancheria of NPI
Tribal court had jurisdiction to hear claims which arose from conduct committed by nonmember on tribal lands due to tribe's inherent sovereign powers to exclude nonmembers from tribal land and protect self-government. |
Native American Affairs |
|
L. Piersol | Apr. 25, 2019 |
|
17-10233
|
U.S. v. Rodriguez
In 18 U.S.C. Section 3582(c)(2) sentence reduction proceedings, the court must determine the drug quantity attributable to the defendant and may conduct supplemental fact-finding if necessary to make this determination. |
Criminal Law and Procedure |
|
M. Berzon | Apr. 25, 2019 |
|
18-459
|
Emulex Corp. v. Varjabedian
Order |
|
Apr. 24, 2019 | ||
|
G055685
|
Oxford Preparatory Academy v. Edlighten Learning Solutions
Trial court erred in denying petition to compel arbitration because subsequent termination agreement did not supersede the arbitration clause in the prior agreement. |
Contracts |
|
R. Ikola | Apr. 24, 2019 |
|
D074172
|
County of San Diego Dept. of Child Support Services v. C.A.
Under Family Code Section 3951(a), parent is not obligated to compensate relative for voluntary support of parent's child, but once relative has legal physical custody, support is no longer voluntary. |
Family Law |
|
R. Huffman | Apr. 24, 2019 |
|
18-35075
|
Western Watersheds Project v. Grimm
Plaintiffs alleging procedural injury need only show they have a procedural right that, if exercised, even if only on a temporary basis, could protect their concrete interests. |
Civil Procedure |
|
J. Tunheim | Apr. 24, 2019 |
|
17-73153
|
Lopez-Aguilar v. Barr
Although Oregon Revised Statutes Section 164.395 incorporates theft by deception and generic theft does not, it was merely theoretical that Oregon would prosecute such conduct; thus, it qualified as categorical theft offense. |
Immigration |
|
J. Tunheim | Apr. 24, 2019 |
|
17-55421
|
Acosta v. City National Corp.
Additional offsets from a self-dealing damages award will not be awarded when the party seeking offsets cites estimated or average expenses incurred rather than adequate records of actual expenses. |
Employment Law |
|
E. Robreno | Apr. 24, 2019 |
|
17-16963
|
Redlin v. U.S.
If a second claim is deemed to be an amendment, it is untimely if it was mailed after an agency's final decision; thus the district court did not err in dismissing the action. |
Torts |
|
S. Ikuta | Apr. 24, 2019 |
|
B287799
|
John Doe v. Westmont College
College deprived student of fair hearing when Student Conduct Panel credited certain portions of nontestifying witnesses' statements based solely on investigative reports in finding student committed sexual assault. |
Constitutional Law |
|
M. Tangeman | Apr. 24, 2019 |
|
17-1618
|
Bostock v. Clayton County, GA
Order |
|
Apr. 23, 2019 | ||
|
17-1623
|
Altitude Express Inc. v. Zarda
Order |
|
Apr. 23, 2019 | ||
|
18-107
|
R.G. & G.R. Harris Funeral Homes v. EEOC
Order |
|
Apr. 23, 2019 | ||
|
18-565
|
Citgo Asphalt Refining v. Frescati Shipping Co.
Order |
|
Apr. 23, 2019 | ||
|
18-725
|
Barton v. Barr
Order |
|
Apr. 23, 2019 | ||
|
B283979
|
Key v. Tyler
Anti-SLAPP statute applies to petition seeking enforcement of no contest clause, and movant's presentation of an underlying ruling provided sufficient evidence demonstrating probability of success on movant's No Contest Petition. |
Anti-SLAPP |
|
E. Lui | Apr. 23, 2019 |
|
A155328
|
In re Taylor
Actions after the fact of robbery murder insufficient to show that accomplice acted with reckless indifference to human life. |
Criminal Law and Procedure |
|
Apr. 23, 2019 | |
|
17-50384
|
U.S. v. Guerrero
After amendments to Federal Rule of Criminal Procedure 12, good-cause standard, rather than plain error review, continues to apply when defendant attempts to raise new theories on appeal for motion to suppress. |
Criminal Law and Procedure |
|
P. Curiam (9th Cir.) | Apr. 23, 2019 |
|
D074888
|
People v. Novoa
Substantial evidence supported trial court's finding that counsel's representation of defendant fell below standard of reasonableness under prevailing professional norms when he failed to explain adverse immigration consequences of defendant's plea. |
Criminal Law and Procedure |
|
R. Huffman | Apr. 23, 2019 |
|
G055885
|
N.T. v. H.T.
Knowing violations of a TRO justified issuing a domestic violence restraining order (DVRO), and the particular acts alleged would have independently qualified as abuse supporting the issuance of a DVRO. |
Family Law |
|
R. Fybel | Apr. 23, 2019 |
|
A155119
|
Du-All Safety, LLC v. Superior Court
Defendant had right to supplement its expert witness exchange by adding experts to cover subjects on which other party indicated it planned to offer expert testimony; thus, trial court erred. |
Civil Procedure |
|
J. Richman | Apr. 22, 2019 |
|
17-71636
|
Lulac v. Wheeler
Order |
|
Apr. 22, 2019 | ||
|
B285656
|
People v. Bipialaka
Defendant who donned mask with intent to scare others and who ran red light while swerving at cars in intersection properly conviction of assault with deadly weapon. |
Criminal Law and Procedure |
|
J. Wiley | Apr. 19, 2019 |
|
B256009
|
People v. Shiga
Penal Code Section 451 delineates a single offense of arson, and its subdivisions provide for sentencing depending on the burning's end result, so conviction under two subdivisions was improper. |
Criminal Law and Procedure |
|
G. Feuer | Apr. 19, 2019 |