| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D079227
|
People v. Kenney
Son received proper notice that he was violating his mother's domestic violence restraining order since deputies yelled to him about the move-out order before breaking his door and arresting him. |
Criminal Law and Procedure |
|
W. Dato | Feb. 23, 2023 |
|
B322899
|
People v. Muhammad
Trial court allowing jury to deliberate during the COVID-19 pandemic was neither coercive nor did it deprive defendant of due process of law. |
Criminal Law and Procedure |
|
K. Yegan | Feb. 23, 2023 |
|
E079017
|
Modification: D.S. v. Superior Court (San Bernardino County Children and Family Services)
Mother's adoptive status did not dismiss juvenile court and child welfare agency's duty to further inquire as to adopted child's possible Native American ancestry. |
Dependency |
|
R. Fields | Feb. 23, 2023 |
|
20-55622
|
J.K.J. v. City of San Diego
Order |
|
Feb. 22, 2023 | ||
|
D080500
|
People v. Sundberg
Defendant's appeal was dismissed because *Anders/Wende* independent review procedures do not apply to civil commitments. |
Criminal Law and Procedure |
|
R. Huffman | Feb. 22, 2023 |
|
B314601
|
Modification: City of Oxnard v. Starr
City must adhere to legislative initiative that created new rules for City council meetings but was not required to adhere to administrative initiative that determined how tax funds were spent. |
Government |
|
A. Gilbert | Feb. 22, 2023 |
|
E071681
|
People v. Venable
Newly enacted Evidence Code Section 352.2 prevented admission of a prejudicial rap video into evidence because the statute applied retroactively to cases that are not yet final. |
Criminal Law and Procedure |
|
M. Slough | Feb. 22, 2023 |
|
22-5364
|
Davis v. U.S.
Order |
|
Feb. 22, 2023 | ||
|
21-16958
|
American Rivers v. American Petroleum Institute
Under the Administrative Procedure Act, district courts must first find Clean Water Act rule changes unlawful in order to vacate the rule. |
Environmental Law |
|
M. Friedland | Feb. 22, 2023 |
|
21-56310
|
Kappouta v. Valiant Integrated Services
Plaintiff was not entitled to defense contractor whistleblower protections where she failed to demonstrate a reasonable belief that her disclosure was related to a defense contract. |
Employment Law |
|
P. Kelly | Feb. 21, 2023 |
|
C094235
|
Garcia v. State Dept. of Developmental Services
Limitations period for proposed officer discipline began on date the misconduct that was used as the basis for demotion was discovered, rather than when the investigation began. |
Administrative Agencies |
|
H. Hull | Feb. 22, 2023 |
|
F082933
|
People v. Sedano
Prosecution's testimony on child sexual abuse accommodation syndrome was admissible because it was admitted to help the jury's objective evaluation of the victim's credibility rather than vouch for her veracity. |
Evidence |
|
J. Detjen | Feb. 22, 2023 |
|
E079176
|
In re A.A.
Children were not considered "Indian" under the Indian Child Welfare Act because their blood quantum was too low to qualify for Jemez Pueblo tribe membership. |
Dependency |
|
C. Codrington | Feb. 21, 2023 |
|
A165001
|
In re L.B.
Amendments to Welfare and Institutions Code Section 300(b) did not affect case when basis for jurisdiction was child's risk to mother's history of ongoing domestic violence. |
Dependency |
|
V. Swope | Feb. 21, 2023 |
|
22-35338
|
Sullivan v. University of Washington
Disclosure of committee appointment letters would not violate right to expressive association because the committee was not a group of individuals who banded together to advance shared goals or beliefs. |
Civil Rights |
|
S. Ikuta | Feb. 21, 2023 |
|
F083728
|
People v. Sallee
Penal Code Section 1170(b)'s hierarchical sentencing was inapplicable where defendant had entered a plea agreement with specified sentencing terms. |
Criminal Law and Procedure |
|
J. Detjen | Feb. 17, 2023 |
|
G060992
|
G Companies Management, LLC v. LREP Arizona LLC
Court refused to enforce forum selection clause in loan agreement because California's constitutional usury law reflected a strong public policy that could not be violated. |
Business Law |
|
T. Goethals | Feb. 17, 2023 |
|
H049129
|
People v. Todd
Despite negotiated plea agreement, imposition of upper-term sentence was improper absent finding of aggravating circumstances. |
Criminal Law and Procedure |
|
M. Greenwood | Feb. 17, 2023 |
|
21-16929
|
Duarte v. City of Stockton
Plaintiff's excessive force and false arrest claims were not barred by the Heck doctrine because his "no contest" plea was not entered as an actual conviction. |
Civil Rights |
|
K. Cardone | Feb. 17, 2023 |
|
20-71956
|
Lopez Hernandez v. Garland
Immigrant appellee seeking withholding of removal could not have judgment altered in his favor because he failed to file a cross-appeal. |
Immigration |
|
E. Miller | Feb. 17, 2023 |
|
21-50088
|
U.S. v. Alvarez
Illegal alien's removal order was not fundamentally unfair because his prior state conviction for assault met the definition of a crime of violence. |
Criminal Law and Procedure |
|
R. Nelson | Feb. 17, 2023 |
|
S266305
|
Modification: People v. Delgadillo
*People v. Wende* procedures did not apply to defendant's appeal from a denial of postconviction relief since there is no constitutional right to effective assistance of counsel at that stage of postconviction proceedings. |
Civil Procedure |
|
Feb. 17, 2023 | |
|
B320586
|
Arcadians for Environmental Preservation v. City of Arcadia
Environmental organization's environmental impact report and general references to potential environmental impacts did not satisfy its exhaustion requirement for CEQA challenge to next-door neighbor's house expansion. |
Environmental Law |
|
D. Perluss | Feb. 17, 2023 |
|
E079017
|
D.S. v. Superior Court (San Bernardino County Children and Family Services)
Mother's adoptive status did not dismiss juvenile court and child welfare agency's duty to further inquire as to adopted child's possible Native American ancestry. |
Dependency |
|
R. Fields | Feb. 16, 2023 |
|
19-10059
|
U.S. v. Michell
Court's plain error was not reversible because there was no reasonable probability that defendant was ignorant that he had been convicted of a crime punishable by longer than a year. |
Criminal Law and Procedure |
|
K. Wardlaw | Feb. 16, 2023 |
|
21-30055
|
U.S. v. Farias-Contreras
Government's inclusion of information not specifically relevant to drug trafficker's case breached the parties' plea agreement. |
Criminal Law and Procedure |
|
K. Wardlaw | Feb. 16, 2023 |
|
20-15291
|
Chamber of Commerce v. Bonta
State law criminalizing the formation of certain types of arbitration agreements was preempted by the Federal Arbitration Act. |
Arbitration |
|
S. Ikuta | Feb. 16, 2023 |
|
D079942
|
In re Hunter W.
Juvenile was not entitled to retroactive, ameliorative effect of amended statute because his dispositional order could no longer be directly reviewed. |
Juveniles |
|
J. McConnell | Feb. 16, 2023 |
|
18-16981
|
Ramos v. Wolf
Order |
|
M. Murguia | Feb. 14, 2023 | |
|
21-15970
|
Yoshikawa v. Seguirant
Order |
|
M. Murguia | Feb. 15, 2023 |
