| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D078501
|
Flores v. City of San Diego
Police-chase immunity pursuant to Vehicle Code Section 17004.7 required compliance with a minimum annual training hours requirement. |
Immunity |
|
C. Aaron | Sep. 16, 2022 |
|
C093941
|
People v. Board of Parole Hearings
District Attorney's Office lacked standing for writ of mandate to invalidate bill that paroled convicted murderer since no statute authorized the Office to challenge the statute's validity. |
Criminal Law and Procedure |
|
E. Duarte | Sep. 16, 2022 |
|
A162563
|
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 | Sep. 15, 2022 |
|
A161579
|
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 | Sep. 15, 2022 |
|
C093295
|
McCullar v. SMC Contracting, Inc.
Subcontractor retained responsibility for its employee's workplace injury even though the general contractor created the hazard. |
Torts |
|
A. Hoch | Sep. 15, 2022 |
|
21-70493
|
Amended Opinion: Hernandez v. Garland
Non-citizen was ineligible for cancellation of removal because his grant of temporary protected status did not constitute an admission to the United States for purposes of obtaining lawful permanent resident status. |
Immigration |
|
D. Forrest | Sep. 15, 2022 |
|
21-16299
|
Pinkert v. Schwab Charitable Fund
Donor lacked Article III standing to sue for breach of fiduciary duty regarding donor-advised fund because he did not allege any concrete, imminent injury. |
Civil Procedure |
|
M. Smith | Sep. 15, 2022 |
|
20-72806
|
Singh v. Garland
Substantial evidence did not support the Board of Immigration Appeals' determination that the harm petitioner suffered did not rise to the level of persecution. |
Immigration |
|
R. Gilman | Sep. 15, 2022 |
|
20-17315
|
U.S. v. Reed
Erroneous jury instruction on firearm charge based on both an invalid and valid conspiracy predicate crime was not prejudicial because both conspiracies were inextricably intertwined. |
Criminal Law and Procedure |
|
K. Lee | Sep. 15, 2022 |
|
20-50333
|
U.S. v. Chen
When determining whether extraordinary and compelling reasons exist for sentence reduction, courts may consider the First Step Act's non-retroactive changes to stacked sentencing law. |
Criminal Law and Procedure |
|
G. Navarro | Sep. 15, 2022 |
|
B293625
|
Betancourt v. OS Restaurant Services, LLC
Employee who requested fees and costs at the beginning of action for missed rest periods was entitled to them as the prevailing party in an action regarding nonpayment of wages. |
Labor Law |
|
E. Grimes | Sep. 14, 2022 |
|
E077036
|
Guardianship of A.H.
Trial court's exclusion of testimony of a petitioner, the sole witness, was a terminating sanction and an abuse of trial court's discretion. |
Civil Procedure |
|
M. Ramirez | Sep. 14, 2022 |
|
H047270
|
California Water Curtailment Cases
The State Water Resources Control Board did not have the authority to prevent pre-1914 appropriative and riparian water rights holders from diverting water in the time of a severe drought. |
Water Rights |
|
A. Danner | Sep. 14, 2022 |
|
H049482
|
In re M.A.
Statutory prohibition on firearm possession by juveniles adjudged a ward of the juvenile court for certain misdemeanor violations also applied to juvenile who admitted to felony sexual battery. |
Juveniles |
|
C. Lie | Sep. 14, 2022 |
|
H044699
|
People v. Thompson
The court found no reversible error where prosecutor told part of the fable of the scorpion and the frog during voir dire. |
Criminal Law and Procedure |
|
P. Bamattre-Manoukian | Sep. 14, 2022 |
|
A162225
|
People v. Sifuentes
Felony-murder rule peace officer exception applied where circumstantial evidence supported a finding that robber would have been aware of the facts of officer's death. |
Criminal Law and Procedure |
|
T. Brown | Sep. 14, 2022 |
|
20-56227
|
Nexus Pharmaceuticals v. Central Admixture Pharmacy
Pharmaceutical company's state law claims were barred under the implied preemption doctrine because they were contrary to the Food, Drug, and Cosmetic Act's exclusive enforcement provision. |
Constitutional Law |
|
A. Kleinfeld | Sep. 14, 2022 |
|
21-50129
|
U.S. v. Montoya
Defendant's non-binding type-B plea agreement was not transformed into a binding type-C plea agreement after the district court declined to adopt the parties' sentencing recommendation. |
Criminal Law and Procedure |
|
K. Lee | Sep. 14, 2022 |
|
21-30172
|
U.S. v. Fowler
Search conducted by state trooper acting pursuant to cross-deputization agreement was valid because tribes have inherent sovereign authority to select individuals who may act as tribal police on tribal lands. |
Criminal Law and Procedure |
|
E. Miller | Sep. 14, 2022 |
|
14-10268
|
U.S. v. Dominguez
Order |
|
Sep. 14, 2022 | ||
|
B311504
|
Modification: Musgrove v. Silver
Employer was not vicariously liable for employee's after-hours activities that resulted in death of another employee. |
Employment Law |
|
B. Hoffstadt | Sep. 14, 2022 |
|
D078700
|
People v. Bueno
Prison inmate who received illegal cell phone may be convicted of conspiracy to deliver a cell phone to a prisoner because he had prearranged a plan with the deliverer. |
Criminal Law and Procedure |
|
C. Aaron | Sep. 13, 2022 |
|
H048162
|
People v. Salvador
Probation condition limiting defendant's access to the Internet without prior consent from his probation officer for purposes of limiting his sexual contact with minors was constitutionally overbroad. |
Constitutional Law |
|
M. Greenwood | Sep. 13, 2022 |
|
H048393
|
Modification: Maleti v. Wickers
Favorable termination element of malicious prosecution claim was satisfied where multiple claims were asserted in prior action against plaintiff, none were successful, and at least one was decided on the merits. |
Torts |
|
P. Bamattre-Manoukian | Sep. 13, 2022 |
|
F081092
|
Marriage of Knox
Family court's failure to hear and take under submission wife's request for pendente lite attorney fees on the first day of trial for dissolution of marriage constituted an unreasonable delay. |
Family Law |
|
D. Franson | Sep. 13, 2022 |
|
21-16532
|
Bax v. Doctors Medical Center of Modesto
Deaf individuals' disability discrimination claim failed when, under the totality of the circumstances, it was shown they were provided auxiliary aids that permitted effective communication. |
Disability Discrimination |
|
H. Thomas | Sep. 13, 2022 |
|
H048799
|
People v. Rowland
Affidavit was not deficient because magistrate could reasonably infer that citizen informant acted in accord with Microsoft's legal obligation to report apparent child pornography. |
Criminal Law and Procedure |
|
A. Danner | Sep. 12, 2022 |
|
E075264
|
Cell-Crete Corp. v. Federal Ins. Co.
In action to enforce liability of surety on payment bond, prevailing party was entitled to attorney's fees even though all fees incurred by prevailing party were paid by third-party indemnifier. |
Civil Procedure |
|
M. Slough | Sep. 12, 2022 |
|
A162137
|
Golick v. State of California
Where officer shoots at suspect resulting in no injuries but then stops, and the suspect later kills his hostages, there is no actionable deadly force tort claim. |
Torts |
|
A. Tucher | Sep. 12, 2022 |
|
E075803
|
Rodgers v. State Personnel Board
Due process was violated when the proposed penalty on the notice of adverse action was based on allegations that differed significantly from the administrative law judge's factual findings. |
Employment Law |
|
M. Slough | Sep. 12, 2022 |
