Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B314914
|
Espinoza v. Superior Court (Centinela Skilled Nursing & Wellness Centre West)
Code of Civil Procedure Section 1281.97, requiring timely payment of arbitration fees, required strict application of its deadline and was not preempted by the Federal Arbitration Act. |
Arbitration |
|
H. Bendix | Sep. 29, 2022 |
20-35752
|
Johnson v. City of Grants Pass
Under the Eight Amendment's Cruel and Unusual Punishment Clause, homeless individuals may not be prosecuted for protecting themselves against the elements. |
Constitutional Law |
|
R. Silver | Sep. 29, 2022 |
21-15758
|
In Re Apple Inc. Device Performance Litigation
Class action settlement was vacated and remanded because the district court applied the wrong legal standard and ignored precedent requiring a heightened fairness inquiry prior to class certification. |
Civil Procedure |
|
J. Nguyen | Sep. 29, 2022 |
21-35480
|
Save the Bull Trout v. Williams
Environmentalist plaintiffs' claims were precluded because claim preclusion barred subsequent filings of claims that were subject to a denial of leave to amend. |
Civil Procedure |
|
M. Hawkins | Sep. 29, 2022 |
G060277
|
Starr v. Mayhew
Arbitrator had the power to amend arbitration award to clarify losing party was not entitled to indemnity for fees and costs incurred. |
Arbitration |
|
E. Moore | Sep. 29, 2022 |
B309895
|
People v. Lastra
Motion to recuse district attorney and his office was proper because substantial evidence supported the trial court's determination that they were not likely to treat defendant Black Lives Matter protesters fairly. |
Criminal Law and Procedure |
|
A. Gilbert | Sep. 29, 2022 |
C090751
|
Miller v. Roseville Lodge No. 1293
Summary judgment was appropriate where independent contractor's injured employee seeking to hold hirer liable failed to demonstrate hirer exercised retained control or failed to disclose a concealed hazardous condition. |
Torts |
|
L. Earl | Sep. 29, 2022 |
A158939
|
Rodriguez v. Parivar, Inc.
Special verdict was defective because the question posed to the jury--how much plaintiff performed exempt duties--was unduly restrictive and did not resolve every controverted issue. |
Employment Law |
|
J. Streeter | Sep. 28, 2022 |
A163346
|
Environmental Health Advocates, Inc. v. Sream, Inc.
In a Prop 65 case, a bong that could be used to smoke marijuana did not directly expose individuals to cancer-causing chemicals. |
Environmental Law |
|
C. Mayfield | Sep. 28, 2022 |
B315320
|
People v. Lopez
Defendant convicted of robbery demonstrated that he would not have accepted plea subjecting him to mandatory deportation because of his deep personal ties to the U.S. and legal inexperience. |
Criminal Law and Procedure |
|
E. Lui | Sep. 28, 2022 |
20-71923
|
De La Rosa-Rodriguez v. Garland
Assuming statutory jurisdiction arguendo, petitioner's claim for cancellation of removal had no merit because his only claim for unusual hardship was based on economic detriment to his children. |
Immigration |
|
A. Hurwitz | Sep. 28, 2022 |
21-55900
|
Amended Opinion: Kassas v. State Bar of California
Indebtedness arising from a disbarred attorney's obligation to reimburse the State Bar for payments made to victims of the attorney's misconduct is not excepted from bankruptcy discharge. |
Bankruptcy |
|
J. Bybee | Sep. 27, 2022 |
22-70098
|
In re Jane Doe
The 72-hour deadline for considering an aggrieved victim's mandamus petition imposed by the Crime Victims' Rights Act is not a jurisdictional deadline. |
Criminal Law and Procedure |
|
J. Bybee | Sep. 27, 2022 |
20-71703
|
Lara-Garcia v. Garland
Board of Immigration Appeals erred as a matter of law in denying sua sponte reopening because petitioner would have been eligible for relief under Federal First Offender Act had his offense been prosecuted as a federal crime. |
Immigration |
|
S. Graber | Sep. 27, 2022 |
20-56172
|
The GEO Group v. Newsom
Because Assembly Bill 32 granted virtual power of review to California in regards to privately-operated immigration detention facilities, it violated the Supremacy Clause. |
Constitutional Law |
|
J. Nguyen | Sep. 27, 2022 |
C093301
|
Estate of Douglas
Trial court acted within its discretion when it issued order granting motion to correctly note judgment debtor's capacity as an estate administrator nunc pro tunc to date judgment renewal was entered. |
Civil Procedure |
|
R. Robie | Sep. 26, 2022 |
A162795
|
Tarrar Enterprises v. Associated Indemnity Corp.
Trial court's decision to sustain insurer's demurrer to insured's original complaint without leave to amend was error even though the complaint did not allege the necessary damage for coverage. |
Civil Procedure |
|
J. Richman | Sep. 26, 2022 |
21-55479
|
San Luis Obispo Coastkeeper v. Santa Maria Valley Water Conservation District
Where statute allowed for dam's construction "for other purposes," it could be read harmoniously with the Endangered Species Act to allow water release for endangered fish's reproductive migration. |
Environmental Law |
|
S. Thomas | Sep. 26, 2022 |
19-10302
|
U.S. v. Wright
Person last holding cash before it was seized was not entitled to its return because the government rebutted the presumption he was entitled to lawful possession of the money. |
Criminal Law and Procedure |
|
M. McKeown | Sep. 26, 2022 |
19-55376
|
Duncan v. Bonta
Order |
|
Sep. 26, 2022 | ||
21-15117
|
U.S. v. Rodriguez
Defendant may be able to show that lawyer's incorrect advice that avoiding immigration removal could be possible was ineffective assistance of counsel depending on importance of immigration consequences to defendant. |
Immigration |
|
C. Bea | Sep. 26, 2022 |
21-70093
|
Amended Opinion: Velasquez-Samayoa v. Garland
Board of Immigration Appeals erred by failing to assess petitioner's aggregate risk of being tortured where petitioner posited two alternative theories of why he would be tortured if removed. |
Immigration |
|
M. Friedland | Sep. 26, 2022 |
20-35514
|
L.B. v. U.S.
Order |
|
Sep. 26, 2022 | ||
21-56264
|
In Re Hawkeye Entertainment
To assume a lease, a debtor-in-possession must satisfy the provisions of 11 U.S.C. Section 365(b)(1) if there has been any default, even if the default is neither material nor ongoing. |
Bankruptcy |
|
D. Forrest | Sep. 26, 2022 |
B313085
|
L.A. College Faculty Guild v. L.A. Community College Dist.
Decision not to offer certain remedial courses was not an arbitrable issue because it was a curriculum content decision outside the scope of union representation under the Educational Employment Relations Act. |
Education |
|
M. Stratton | Sep. 23, 2022 |
A161534
|
John/Jane Doe v. McLaughlin
Doe was not entitled to attorneys' fees for his motion to quash a subpoena since the motion was rendered moot by the dismissal of the subpoena by an Illinois court. |
Civil Procedure |
|
J. Richman | Sep. 23, 2022 |
B311176
|
In re Baby Girl M.
Appeal of jurisdiction findings and disposition order was moot because the only relief the court could provide was to order that welfare department fulfill inquiry obligations under the Indian Child Welfare Act. |
Dependency |
|
L. Baker | Sep. 23, 2022 |
C093542
|
Almond Alliance of California v. Fish and Game Commission
Order |
|
Sep. 23, 2022 | ||
19-16839
|
Spirit of Aloha Temple v. County of Maui
Maui's special use permit guidelines were a prior restraint on church's speech because they gave too much discretion to decisionmaking officials. |
Constitutional Law |
|
R. Nelson | Sep. 23, 2022 |
E076832
|
Gavriiloglou v. Prime Healthcare Management
Arbitrator's findings regarding an employee's individual claims had no preclusive effect on her representative Private Attorneys General Act claims. |
Employment Law |
|
M. Ramirez | Sep. 22, 2022 |