| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
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does not file a brief and the court's review does not reveal arguable issues, it should issue a short unpublished opinion affirming the trial court's decision for the benefit of defendant and counsel.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 | ||
|
21-993
|
Anthony v. Louisiana
Order |
|
Nov. 14, 2022 | ||
|
21-972
|
Buffington v. McDonough
Order |
|
Nov. 14, 2022 | ||
|
20-35721
|
Friends of Alaska National Wildlife Refuges v. Haaland
Order |
|
Nov. 14, 2022 | ||
|
20-72416
|
Seaview Trading v. Commissioner of Internal Revenue
Order |
|
Nov. 14, 2022 | ||
|
B314386
|
Zhang v. Superior Court (Dentons US LLP)
By signing a partnership agreement, California lawyer consented to arbitrate dispute with law firm in New York court, which included arbitrating whether lawyer was an employee who could invoke Labor Code Section 925. |
Arbitration |
|
E. Grimes | Nov. 11, 2022 |
|
18-56253
|
Unicolors Inc. v. H&M Hennes & Mauritz L.P.
Because plaintiff did not know that its practice of bundling designs under a single, copyright registration would run afoul of registration requirements, its copyright registration was valid under the Copyright Act's safe-harbor provision. |
Copyright |
|
C. Bea | Nov. 11, 2022 |
|
E076784
|
Price v. Victor Valley Union High School Dist.
A jury could reasonably conclude that a school district regarded a part-time special education aid as having a physical disability when it rescinded its offer for a full-time position based on the aid's failure of a physical test. |
Disability Discrimination |
|
C. Codrington | Nov. 11, 2022 |
|
A162593
|
Ramirez v. PK I Plaza 580 SC LP
*Privette* doctrine did not protect shopping center owner from liability for independent contractor's injuries because owner did not hire the contractor nor delegate its duty to provide a safe workplace. |
Torts |
|
J. Humes | Nov. 11, 2022 |
|
B318078
|
Dedication and Everlasting Love v. City of El Monte
Lot owner's appeal of a Hearing Officer's decision was transferred to the appellate division of the Los Angeles County Superior Court since it was a limited civil case. |
Civil Procedure |
|
A. Harutunian | Nov. 10, 2022 |
|
G060554
|
Doe v. Software One
Statements made by the company's technical director were admissible to show discriminatory or retaliatory animus against a fired employee because they were made by a high-ranking organizational agent. |
Evidence |
|
M. Sanchez | Nov. 10, 2022 |
|
A162256
|
Raja Development Co. v. Napa Sanitary Dist.
Sustaining demurrer was improper when the sanitation district had not established that the challenged fee was severable from the fee that was barred by the statute of limitations. |
Civil Procedure |
|
J. Goldman | Nov. 10, 2022 |
|
H049838
|
People v. Buchanan
Delay of trial was not personally prejudicial once appearance date for misdemeanor arrest passed without formal charges being filed because defendants were no longer accused for Sixth Amendment purposes. |
Criminal Law and Procedure |
|
C. Lie | Nov. 10, 2022 |
|
21-16911
|
Online Merchants Guild v. Maduros
Tax Injunction Act barred federal jurisdiction over e-commerce merchants trade association's claims because it sought an injunction that would stop collection of a state tax, and an adequate state law remedy was available. |
Tax |
|
S. Thomas | Nov. 10, 2022 |
|
21-35700
|
Magassa v. Mayorkas
Cargo service agent's Section 1981 discrimination claim against an FBI agent failed because the agent was a federal official acting under color of federal law. |
Immunity |
|
R. Nelson | Nov. 10, 2022 |
|
B313215
|
Unzueta v. Akopyan
Peremptory challenges may not be used to excuse potential jurors who are associated with characteristics listed in Government Code Section 11135(a) which includes those associated with someone who has a disability. |
Civil Procedure |
|
G. Feuer | Nov. 9, 2022 |
|
B304970
|
Randle v. Farmers New World Life Insurance Co.
Since insurance policy's requirements for changing ownership do not control over the provisions of a contract of which the insurer has notice, summary judgment was improper where dispute existed over insurance company's knowledge. |
Insurance |
|
E. Grimes | Nov. 9, 2022 |
|
B317129
|
People v. Berdoll
Remand of trial court's imposition of an upper term sentence was unnecessary because any jury would have found at least one of the aggravating sentencing factors beyond a reasonable doubt. |
Criminal Law and Procedure |
|
A. Gilbert | Nov. 9, 2022 |
|
F084030
|
In re E.C.
Department of Human Services inquiry into child's potential Indian ancestry fell short because it failed to conduct a further inquiry under the Indian Child Welfare Act, and failed to document any inquiry or its findings in the record. |
Dependency |
|
K. Meehan | Nov. 9, 2022 |
|
E075092
|
Roe v. Hesperia Unified School Dist.
Minor plaintiffs' allegations against the school district for several negligence claims did not require alleging actual knowledge; instead, constructive knowledge, which may be supported by circumstantial evidence, sufficed. |
Education |
|
F. Menetrez | Nov. 8, 2022 |
