| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
19-50169
|
U.S. v. Higuera
District court erred by failing to make reliability findings on three gang expert witnesses, but the error was harmless because testimony was based on witnesses' extensive experience. |
Criminal Law and Procedure |
|
J. Nguyen | Oct. 14, 2022 |
|
A162563
|
Modification: Johar v. California Unemployment Insurance Appeals Board
When employee takes time off to care for terminally ill grandmother, she left for "good cause" and therefore qualified for unemployment benefits. |
Employment Law |
|
J. Streeter | Oct. 13, 2022 |
|
20-35962
|
Chennette v. Porch.com, Inc.
Contractors using cell phone numbers for both personal and business use who had registered for the national do-not-call database were presumptively residential subscribers entitled to consumer protections. |
Consumer Law |
|
W. Fletcher | Oct. 13, 2022 |
|
21-35728
|
Eaton v. Blewett
Prisoner was entitled to appeal his grievance to federal court as his options to exhaust administrative remedies were effectively unavailable given the circumstances presented by the prison. |
Prisoners' Rights |
|
M. Hawkins | Oct. 13, 2022 |
|
19-35506
|
Mendoza v. Strickler
Oregon's system of suspending the driver's licenses of persons who fail to pay fines did not punish indigent individuals solely on the basis of their poverty. |
Constitutional Law |
|
D. Collins | Oct. 13, 2022 |
|
20-71846
|
Mendez-Colin v. Garland
Order |
|
Oct. 13, 2022 | ||
|
20-70050
|
Singh v. Garland
Order |
|
Oct. 13, 2022 | ||
|
A161579
|
Modification: People v. Garcia
Trial court properly denied motion for mistrial based on midtrial continuance for mandatory COVID-19 suspension order since the timing and circumstances of the continuance did not prejudice the jury. |
Criminal Law and Procedure |
|
R. Wiseman | Oct. 12, 2022 |
|
20-10209
|
U.S. v. Saelee
District court correctly denied defendant's motion to suppress because agents executed a search warrant that was both sought and issued independently of alleged Fourth Amendment violations. |
Criminal Law and Procedure |
|
D. Collins | Oct. 12, 2022 |
|
21-15089
|
Amended Opinion: Al Saud v. Days
Denying prisoner's request to be housed only with other Muslims was the least restrictive means of avoiding equal protection liability that comes with classifying prisoners based on religious beliefs. |
Prisoners' Rights |
|
M. Smith | Oct. 12, 2022 |
|
21-55855
|
Mobilize the Message LLC v. Bonta
Political campaign services' First Amendment rights were not violated by Assembly Bill 5 as the bill's application would only incidentally affect professions involving speech. |
Civil Rights |
|
J. Ericksen | Oct. 12, 2022 |
|
20-70272
|
Amended Opinion: Center for Community Action v. Federal Aviation Administration
Petitioners seeking review of a Federal Aviation Administration Final Environmental Assessment finding bear the burden of showing missteps on the part of the FAA. |
Environmental Law |
|
E. Siler | Oct. 12, 2022 |
|
A164854
|
Conservatorship of A.A.
A public guardian could receive a one-year Murphy conservatorship over appellant since there was a finding of probable cause when appellant pled guilty to vehicular manslaughter. |
Conservatorship |
|
J. Humes | Oct. 12, 2022 |
|
A161843
|
Young v. Midland Funding, LLC
Debtor plaintiff would likely prevail on the merits of her Rosenthal Act cause of action against creditor because plaintiff made a prima facie showing that she was not served with process by substituted service. |
Anti-SLAPP |
|
J. Streeter | Oct. 11, 2022 |
|
G061166
|
In re G.H.
Social services failure to attempt to contact estranged paternal grandmother regarding suggested Native American ancestry required reversal of the termination of parental rights. |
Dependency |
|
T. Goethals | Oct. 10, 2022 |
|
B321016
|
Enterprise Rent-A-Car of L.A. v. Superior Court (Grigoryan)
Rental car agency was not negligent in relying on renter's foreign driver's license and local California address to rent car involved in accident. |
Torts |
|
B. Currey | Oct. 10, 2022 |
|
B306197
|
Today's IV, Inc. v. L.A. County Metropolitan Transportation Authority
Hotel owner had no cause of action for inverse condemnation against city's construction of an underground subway line as the impairment to the hotel's access was temporary, due to actual construction work, and not unreasonable. |
Municipal Law |
|
M. Stratton | Oct. 7, 2022 |
|
B306423
|
Kruthanooch v. Glendale Adventist Medical Center
In an Elder Abuse Act case, substantial evidence did not support that medical center had a robust caretaking or custodial relationship with elderly patient. |
Torts |
|
L. Lavin | Oct. 7, 2022 |
|
E075246
|
County of San Bernardino v. Mancini
San Bernardino ordinance preventing cannabis sales did not create a substantial burden on religious group that consumes cannabis as sacraments because selling cannabis was not a religious activity of the group. |
Civil Rights |
|
C. Codrington | Oct. 7, 2022 |
|
A163767
|
Amy's Kitchen v. Fireman's Fund Insurance Co.
Insured should have been granted leave to amend the complaint because the trial court never considered whether it could amend to properly allege a "communicable disease event" under property insurance policy. |
Civil Procedure |
|
S. Pollak | Oct. 6, 2022 |
|
C094491
|
People v. Johnson
Penal Code Section 12022.5(a) allows trial courts broad discretion to impose lesser uncharged firearm enhancements when it strikes firearm enhancement convictions through Section 12022.5(b). |
Criminal Law and Procedure |
|
E. Duarte | Oct. 6, 2022 |
|
18-99007
|
Ochoa v. Davis
Potential jurors were properly excluded for cause because prosecutor's bank robbery hypothetical during voir dire was neither "egregious" or "misleading". |
Criminal Law and Procedure |
|
L. VanDyke | Oct. 6, 2022 |
|
20-73314
|
Save Our Skies LA v. Federal Aviation Administration
Although petition challenging Federal Aviation Administration orders updating flight procedures was timely, it was not timely for challenging the substance of earlier versions of those same orders. |
Administrative Agencies |
|
E. Miller | Oct. 6, 2022 |
|
21-55365
|
Munoz v. U.S. Dept. of State
The government violated the notice requirements of due process when it did not provide evidence supporting a consular official's decision to deny a visa application until three years after the denial. |
Immigration |
|
K. Lipez | Oct. 6, 2022 |
|
A163476
|
People v. Mitchell
Defendant was not entitled to have her sentence reduced because amended Penal Code Section 1170 does not apply to cases where sentence is imposed pursuant to a stipulated plea agreement. |
Criminal Law and Procedure |
|
R. Wiseman | Oct. 5, 2022 |
|
B305837
|
Karton v. Musick, Peeler, Garrett LLP
Denying motion for setoff predicated upon the tort-of-another doctrine was proper where the movant provided no evidence it incurred the costs in an action against any third party. |
Torts |
|
F. Rothschild | Oct. 5, 2022 |
|
21-55178
|
U.S. Securities & Exchange Commission v. Murphy
Individuals who traded and acted as agents behaved as brokers within the Securities Exchange Act's meaning and were required to register as brokers. |
Securities |
|
K. Lee | Oct. 5, 2022 |
|
H048745
|
Kirk v. City of Morgan Hill
Penal Code Section 25250, requiring theft or loss of gun to be reported within 5 days did not preempt local ordinance that required reporting within 48 hours. |
Municipal Law |
|
A. Grover | Oct. 4, 2022 |
|
A162524
|
Athletics Investment Group v. Dept. of Toxic Substances Control
New Hazardous Waste Control Law provision did not require the Department of Toxic Substances Control to rescind a certification for treated metal-shredder waste as nonhazardous. |
Environmental Law |
|
A. Tucher | Oct. 4, 2022 |
|
20-50052
|
Amended Opinion: U.S. v. Rosenow
Yahoo and Facebook's search of child pornographer's data was not a Fourth Amendment violation as they had legitimate, independent reasons to do so. |
Civil Rights |
|
W. Hayes | Oct. 4, 2022 |
