| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
21-70624
|
Antonio v. Garland
Failure to analyze an asylum applicant's correct social group when considering an application based on past persecution was error requiring remand. |
Immigration |
|
M. Bennett | Jan. 27, 2023 |
|
20-17363
|
Wit v. United Behavioral Health
Reversal of class certification order was required where the class action procedure was improperly used to expand or modify the substantive rights provided for class members under ERISA. |
Civil Procedure |
|
M. Anello | Jan. 27, 2023 |
|
S269647
|
People v. Espinoza
Lawful permanent resident who established 40 years of ties with the United States established that he would have rejected a plea offer had he understood the immigration consequences. |
Criminal Law and Procedure |
|
G. Liu | Jan. 27, 2023 |
|
S161781
|
People v. Thomas
Trial court did not abuse its discretion by admitting evidence of defendant's other murder because the motives for both murders were similar and the gruesome evidence was not sufficiently prejudicial. |
Evidence |
|
T. Cantil-Sakauye | Jan. 27, 2023 |
|
A164947
|
Modification: Edais v. Superior Court
San Mateo Coroner's Office was required to disclose its investigation report of a police officer's suicide since the public's interest in the report far outweighed the deceased officer's privacy interest. |
Public Records Act |
|
Jan. 27, 2023 | |
|
20-10425
|
U.S. v. Eller
Overwhelming evidence of defendant's subjective intent supported his conviction for attempted solicitation of a minor despite the fact he negotiated through intermediaries. |
Criminal Law and Procedure |
|
J. Owens | Jan. 26, 2023 |
|
B313982
|
LAOSD Asbestos Cases
Declaration made by Avon's corporate representative was inadmissible as hearsay made by a lay witness because it discussed events that occurred years earlier to which she had no personal knowledge. |
Evidence |
|
M. Stratton | Jan. 25, 2023 |
|
B319819
|
In re K.C.
Probation condition preventing minor from engaging in any unconsented sexual touching was not unconstitutionally vague since it provided a fair warning of the prohibited conduct. |
Constitutional Law |
|
A. Gilbert | Jan. 25, 2023 |
|
B309418
|
Modification: Grosz v. California Dept. of Tax & Fee Administration
Taxpayer lacked standing to bring action against Department of Tax Fee Administration since determination of whether Amazon was a "retailer" for products sold through its third-party merchant program was discretionary. |
Administrative Agencies |
|
V. Chaney | Jan. 25, 2023 |
|
H049337
|
Marriage of D.S. & A.S.
When Domestic Violence Restraining order request is based solely on information provided by the party requesting the order, due process requires family courts to conduct a meaningful hearing before issuing the order. |
Family Law |
|
M. Greenwood | Jan. 25, 2023 |
|
A158868
|
Modification: Bader v. Johnson & Johnson
Trial court did not abuse its discretion in permitting doctor to offer opinion that fibrous talc causes mesothelioma because the materials that plaintiff presented in support provided reasonable basis for the opinion at issue. |
Evidence |
|
T. Brown | Jan. 25, 2023 |
|
A162709
|
Modification: John's Grill v. Hartford Financial Services Group
Insurance policy's limited coverage for viruses was so broadly written as to make coverage for any virus illusory. |
Insurance |
|
Jan. 25, 2023 | |
|
22-70001
|
Brown v. Commissioner of Internal Revenue Service
US Tax Court, as a court of limited jurisdiction, did not have authority to refund the Tax Increase Prevention and Reconciliation Act payment that was required to be submitted with taxpayer's offer in compromise. |
Tax |
|
B. Parker | Jan. 25, 2023 |
|
D080176
|
People v. Kite
Penal Code Section 1203(l)(1) requires imposing the maximum possible sentence aggregately rather than separately. |
Criminal Law and Procedure |
|
M. Buchanan | Jan. 25, 2023 |
|
H048257
|
Chen v. BMW of North America
Defendant's Code of Civil Procedure Section 998 offer was sufficiently specific to limit plaintiff's attorney fees and costs since it allowed plaintiff to determine the offer's value. |
Civil Procedure |
|
A. Grover | Jan. 25, 2023 |
|
D079536
|
Preciado v. Freightliner Custom Chassis Corp.
Information from chassis bus maker's website was not enough to establish jurisdiction as that information failed to target the specific model alleged to have caused the injuries. |
Civil Procedure |
|
J. Irion | Jan. 25, 2023 |
|
21-35121
|
Center for Biological Diversity v. Haaland, et al.
U.S. Fish & Wildlife Service's denial of a petition to amend Grizzly Bear Recovery Plan was unreviewable because the Plan was not an action "from which legal consequences will flow." |
Environmental Law |
|
A. Hurwitz | Jan. 24, 2023 |
|
D079274
|
Imperial County Sheriff's Assn. v. County of Imperial
Trial court improperly denied class certification of two groups of Imperial County employees since both had a well-defined community of interest and any potential conflict between the two was hypothetical. |
Civil Procedure |
|
J. McConnell | Jan. 24, 2023 |
|
D079903
|
SVAP III Poway Crossings, LLC v. Fitness Internat., LLC
Fitness facility's failure closure based on COVID-19 government orders did not relieve it from the obligation to pay rent during the months closed. |
Contracts |
|
M. Buchanan | Jan. 24, 2023 |
|
B302426
|
State of California v. Encino Hospital Medical Center
Hospital's general acute care license was sufficient and a separate chemical dependency license was unnecessary to bill insurers for detox services. |
Insurance |
|
V. Chaney | Jan. 24, 2023 |
|
B315921
|
People v. Gonzalez
Court held a valid Penal Code Section 1172.6 evidentiary hearing despite not issuing an order to show cause because it followed the proper procedure and issued an evidentiary ruling. |
Criminal Law and Procedure |
|
D. Kim | Jan. 24, 2023 |
|
B315205
|
Vascos Excavation Group LLC v. Gold
Trial court properly placed burden of proof on contractor to establish that its responsible managing employee was bona fide. |
Business Law |
|
A. Tamzarian | Jan. 24, 2023 |
|
21-1397
|
In re Grand Jury
Order |
|
Jan. 24, 2023 | ||
|
21-432
|
Arellano v. McDonough
Veteran who missed the one-year statutory deadline was barred from recovering retroactive disability benefits reaching back to his discharge date even if the missed deadline was due to a service-connected impairment. |
Veterans' Affairs |
|
A. Barrett | Jan. 24, 2023 |
|
22-177
|
Toth v. U.S.
Order |
|
Jan. 24, 2023 | ||
|
S025520
|
People v. Waldon
Trial court conducted insufficient inquiry into whether defendant was competent to waive his right to counsel since it did not properly consider expert psychological testimony or defendant's stated reasoning. |
Criminal Law and Procedure |
|
G. Liu | Jan. 24, 2023 |
|
21-55183
|
Langer v. Kiser
Courts may not use an American with Disabilities Act serial litigant's history in order to establish credibility as to whether he has future standing. |
Disability Discrimination |
|
R. Gould | Jan. 24, 2023 |
|
21-35815
|
Tingley v. Ferguson
Order |
|
Jan. 24, 2023 | ||
|
B314601
|
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 | Jan. 23, 2023 |
|
F083339
|
Calaveras Telephone Company v. Public Utilities Commission
When calculating subsidies, the Public Utilities Commission has authority, through Public Utilities Code Section 275.6, to impute excess revenues that came from broadband internet service. |
Utilities |
|
D. Franson | Jan. 23, 2023 |
