Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
A162303
|
People v. O'Day
Lack of knowledge of possible remedy was not good cause to justify defendant's delay of over a decade in filing petition for finding of actual innocence. |
Criminal Law and Procedure |
|
V. Rodriguez | Nov. 21, 2022 |
A164777
|
People v. Monroe
Defendant's new sentence was vacated because trial court did not conduct full resentencing when it failed to apply all changes in the law that provided for judicial discretion regarding enhancements. |
Criminal Law and Procedure |
|
J. Richman | Nov. 18, 2022 |
21-16009
|
Smartt v. Kijakazi
In denying application for social security benefits, administrative law judge did not err in discounting opinion of treating physician, because "extreme limitations" described by physician were incompatible with objective medical evidence. |
Administrative Agencies |
|
L. VanDyke | Nov. 18, 2022 |
21-10070
|
U.S. v. Nishida
Supervised release conditions unlawfully delegated to a probation officer the discretion as to whether to require inpatient or outpatient treatment. |
Criminal Law and Procedure |
|
D. Forrest | Nov. 18, 2022 |
S265172
|
People v. Henderson
Passage of the Three Strikes Reform Act did not alter courts' authority to impose concurrent terms for felonies committed on the same occasion or same operative facts. |
Criminal Law and Procedure |
|
C. Corrigan | Nov. 18, 2022 |
S253593
|
Yahoo Inc. v. National Union Fire Insurance Co. of Pittsburgh, PA
Violating a person's right to privacy may fall under general commercial liability insurance policy containing ambiguous provisions. |
Insurance |
|
M. Jenkins | Nov. 18, 2022 |
S118147
|
People v. Miranda-Guerrero
Defendant knowingly waived his *Miranda* rights with minimal answer despite his lack of education and broken English based on the totality of the circumstances. |
Criminal Law and Procedure |
|
G. Liu | Nov. 18, 2022 |
21-15295
|
Apache Stronghold v. U.S.
Order |
|
Nov. 18, 2022 | ||
B311232
|
Modification: Tariwala v. Mack
The merger of title doctrine did not automatically apply to recorded driveway easement where the result would render the property worthless as the easement was the only access to the road. |
Real Property |
|
S. Perren | Nov. 21, 2022 |
G060411
|
Modification: Shapell Socal Rental Properties v. Chico's FAS
In an unlawful detainer action, plaintiff's counsel breached its ethical and statutory obligation to advise opposing counsel of the intent to seek entry of a default judgment. |
Civil Procedure |
|
M. Sanchez | Nov. 17, 2022 |
21-1587
|
Shoop v. Cunningham
Order |
|
Nov. 17, 2022 | ||
21-35890
|
Farlow v. Kijakazi
Administrative law judge properly denied plaintiff's request for disability benefits since they cited specific medical evidence to contradict non-examining physician's medical opinion. |
Administrative Agencies |
|
R. Tallman | Nov. 17, 2022 |
21-35746
|
Borden v. EFinancial LLC
No violation of Telephone Consumer Protection Act when company used a random number generator to select numbers from a list to send text messages to. |
Consumer Law |
|
K. Lee | Nov. 17, 2022 |
B318061
|
Villalobos v. City of Santa Maria
No reasonable juror could find that police officers were negligent or had acted unreasonably in a shooting that resulted in the death of an individual who refused to drop a knife. |
Civil Rights |
|
K. Yegan | Nov. 17, 2022 |
B307969
|
Thompson v. County of Los Angeles
Denial of leave to amend was appropriate where amending complaint would be fruitless because plaintiff could not identify any mandatory duty that defendant public entity failed to discharge. |
Torts |
|
J. Wiley | Nov. 17, 2022 |
H047705
|
Hobbs v. City of Pacific Grove
City ordinance mandating a randomized lottery system to revoke short-term rental licenses did not violate procedural due process because it was a legislative action that involved no discretion or judgment. |
Constitutional Law |
|
C. Lie | Nov. 16, 2022 |
19-17509
|
Prescott v. Santoro
Despite letters identifying other individuals as the shooter, considering the record as a whole meant petitioner could not meet burden of showing state court's denial of habeas petition was unreasonable. |
Criminal Law and Procedure |
|
C. Callahan | Nov. 16, 2022 |
C093124
|
Atlantic Richfield Co. v. California Regional Water Quality
Substantial evidence supported the conclusion that a parent company exercised eccentric control over mining operations and thus was directly liable for pollution as an operator of a polluting facility owned by a subsidiary. |
Environmental Law |
|
A. Hoch | Nov. 16, 2022 |
21-55881
|
Punchbowl Inc. v. AJ Press LLC
Political news publication's use of the name "Punchbowl News" was a protected expressive work that did not infringe on a different "Punchbowl" trademark. |
Intellectual Property |
|
D. Bress | Nov. 15, 2022 |
21-56036
|
San Antonio Winery Inc. v. Jiaxing Micarose Trade Co., Ltd.
Service procedures of Section 1051(e) of the Lanham Act, applicable to foreign trademark registration applicants, apply not only in administrative proceedings but also in trademark-related court proceedings. |
Intellectual Property |
|
H. Thomas | Nov. 15, 2022 |
21-56282
|
Mejia v. Miller
Expansion of implied cause of action to new context was improper where the court could not be certain of the systemwide consequences of such an expansion. |
Civil Rights |
|
N. Freudenthal | Nov. 15, 2022 |
22-55098
|
Barclay v. Boskoski
Debtor was entitled to the maximum homestead exemption at the time he filed for bankruptcy, rather than the exemption amount at the time a judgment lien was recorded against the home. |
Bankruptcy |
|
H. Thomas | Nov. 15, 2022 |
E079269
|
People v. Griffin
Where a defendant-appellant does not file a brief and the court's review does not reveal arguable issues, it should issue a short unpublished opinion affirming the trial court's decision for the benefit of defendant and counsel. |
Criminal Law and Procedure |
|
M. Ramirez | Nov. 15, 2022 |
B314031
|
Fajardo v. Dailey
Summary judgment was inappropriate where there was no clear evidence regarding whether a sidewalk defect was trivial as a matter of law other than the size of a height differential. |
Torts |
|
J. Segal | Nov. 14, 2022 |
A164489
|
In re Jhonny S.
Person who had received honorable discharge from Division of Juvenile Justice was entitled as a matter of right to have his petition dismissed. |
Juveniles |
|
T. Jackson | Nov. 14, 2022 |
B311966
|
Marriage of Blake & Langer
Court was not divested of jurisdiction to impose sanctions for frivolous motion to disqualify despite plaintiff voluntarily dismissing joinder complaint since motion concerned collateral issues separate from the complaint's merits. |
Civil Procedure |
|
N. Stone | Nov. 14, 2022 |
A163046
|
People v. Garcia
Defendant's counsel did not have a reasonable opportunity to gather evidence for a California Racial Justice Act discovery motion since she had less than a week to prepare the motion. |
Criminal Law and Procedure |
|
C. Fujisaki | Nov. 14, 2022 |
22-5058
|
Chinn v. Shoop
Order |
|
Nov. 14, 2022 | ||
21-1553
|
Khorrami v. Arizona
Order |
|
Nov. 14, 2022 | ||
21-1410
|
Clendening v. United States
Order |
|
Nov. 14, 2022 |