| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
22-70098
|
In re Jane Doe
The 72-hour deadline for considering an aggrieved victim's mandamus petition imposed by the Crime Victims' Rights Act is not a jurisdictional deadline. |
Criminal Law and Procedure |
|
J. Bybee | Sep. 27, 2022 |
|
20-71703
|
Lara-Garcia v. Garland
Board of Immigration Appeals erred as a matter of law in denying sua sponte reopening because petitioner would have been eligible for relief under Federal First Offender Act had his offense been prosecuted as a federal crime. |
Immigration |
|
S. Graber | Sep. 27, 2022 |
|
20-56172
|
The GEO Group v. Newsom
Because Assembly Bill 32 granted virtual power of review to California in regards to privately-operated immigration detention facilities, it violated the Supremacy Clause. |
Constitutional Law |
|
J. Nguyen | Sep. 27, 2022 |
|
C093301
|
Estate of Douglas
Trial court acted within its discretion when it issued order granting motion to correctly note judgment debtor's capacity as an estate administrator nunc pro tunc to date judgment renewal was entered. |
Civil Procedure |
|
R. Robie | Sep. 26, 2022 |
|
A162795
|
Tarrar Enterprises v. Associated Indemnity Corp.
Trial court's decision to sustain insurer's demurrer to insured's original complaint without leave to amend was error even though the complaint did not allege the necessary damage for coverage. |
Civil Procedure |
|
J. Richman | Sep. 26, 2022 |
|
21-55479
|
San Luis Obispo Coastkeeper v. Santa Maria Valley Water Conservation District
Where statute allowed for dam's construction "for other purposes," it could be read harmoniously with the Endangered Species Act to allow water release for endangered fish's reproductive migration. |
Environmental Law |
|
S. Thomas | Sep. 26, 2022 |
|
19-10302
|
U.S. v. Wright
Person last holding cash before it was seized was not entitled to its return because the government rebutted the presumption he was entitled to lawful possession of the money. |
Criminal Law and Procedure |
|
M. McKeown | Sep. 26, 2022 |
|
19-55376
|
Duncan v. Bonta
Order |
|
Sep. 26, 2022 | ||
|
21-15117
|
U.S. v. Rodriguez
Defendant may be able to show that lawyer's incorrect advice that avoiding immigration removal could be possible was ineffective assistance of counsel depending on importance of immigration consequences to defendant. |
Immigration |
|
C. Bea | Sep. 26, 2022 |
|
21-70093
|
Amended Opinion: Velasquez-Samayoa v. Garland
Board of Immigration Appeals erred by failing to assess petitioner's aggregate risk of being tortured where petitioner posited two alternative theories of why he would be tortured if removed. |
Immigration |
|
M. Friedland | Sep. 26, 2022 |
|
20-35514
|
L.B. v. U.S.
Order |
|
Sep. 26, 2022 | ||
|
21-56264
|
In Re Hawkeye Entertainment
To assume a lease, a debtor-in-possession must satisfy the provisions of 11 U.S.C. Section 365(b)(1) if there has been any default, even if the default is neither material nor ongoing. |
Bankruptcy |
|
D. Forrest | Sep. 26, 2022 |
|
B313085
|
L.A. College Faculty Guild v. L.A. Community College Dist.
Decision not to offer certain remedial courses was not an arbitrable issue because it was a curriculum content decision outside the scope of union representation under the Educational Employment Relations Act. |
Education |
|
M. Stratton | Sep. 23, 2022 |
|
A161534
|
John/Jane Doe v. McLaughlin
Doe was not entitled to attorneys' fees for his motion to quash a subpoena since the motion was rendered moot by the dismissal of the subpoena by an Illinois court. |
Civil Procedure |
|
J. Richman | Sep. 23, 2022 |
|
B311176
|
In re Baby Girl M.
Appeal of jurisdiction findings and disposition order was moot because the only relief the court could provide was to order that welfare department fulfill inquiry obligations under the Indian Child Welfare Act. |
Dependency |
|
L. Baker | Sep. 23, 2022 |
|
C093542
|
Almond Alliance of California v. Fish and Game Commission
Order |
|
Sep. 23, 2022 | ||
|
19-16839
|
Spirit of Aloha Temple v. County of Maui
Maui's special use permit guidelines were a prior restraint on church's speech because they gave too much discretion to decisionmaking officials. |
Constitutional Law |
|
R. Nelson | Sep. 23, 2022 |
|
E076832
|
Gavriiloglou v. Prime Healthcare Management
Arbitrator's findings regarding an employee's individual claims had no preclusive effect on her representative Private Attorneys General Act claims. |
Employment Law |
|
M. Ramirez | Sep. 22, 2022 |
|
C094816
|
In re R.O.
Juvenile court violated mother's due process rights to adequate notice and the opportunity to be heard by conducting an uncontested jurisdictional hearing in her absence. |
Dependency |
|
P. Krause | Sep. 22, 2022 |
|
20-55737
|
Vo v. Choi
Where district court provided analysis specific to American with Disabilities Act case's circumstances, it properly declined supplemental jurisdiction of Unruh Act claim. |
Civil Procedure |
|
L. VanDyke | Sep. 22, 2022 |
|
A162750
|
Kernan v. Regents of the University of California
In a medical malpractice action, health care provider failed to establish that plaintiff's request for an autopsy indicated subjective suspicion of wrongdoing, which would have commenced the limitations period. |
Civil Procedure |
|
T. Brown | Sep. 22, 2022 |
|
E076006
|
Salazar v. Walmart, Inc.
Demurrer without leave to amend was inappropriate where the plaintiff-appellant stated a viable claim that a reasonable consumer could be deceived by product's packaging and location. |
Consumer Law |
|
C. Codrington | Sep. 21, 2022 |
|
D079237
|
People v. Heard
For juvenile offenders who were sentenced to the functional equivalent of life without parole, denying the opportunity to petition for resentencing under Penal Code Section 1170(d)(1) violates equal protection. |
Criminal Law and Procedure |
|
T. Do | Sep. 21, 2022 |
|
B310859
|
Moore v. Centrelake Medical Group, Inc.
After a medical center's data breach, to determine standing for their Unfair Competition Law claim, patients were not required to establish subsequent misappropriation of their personal identifying information. |
Consumer Law |
|
N. Manella | Sep. 20, 2022 |
|
H048817
|
Li v. Jin
Defendant's application for tax-exempt status of alumni association was protected as a statement made during a "proceeding" under the anti-SLAPP statute since the IRS made discretionary determinations for each applicant. |
Anti-SLAPP |
|
C. Lie | Sep. 20, 2022 |
|
20-35878
|
Wright v. SEIU Local 503
Plaintiff lacked standing to pursue her claims for prospective relief because her fear of future unauthorized dues deductions by union was too speculative to confer standing for her First Amendment claim. |
Constitutional Law |
|
R. Paez | Sep. 20, 2022 |
|
19-35870
|
Ochoa v. Public Consulting Group
The alleged injury of withholding portions of plaintiff's paycheck to pay for union dues did not rise to the level of an affirmative abuse of power under the Fourteenth Amendment. |
Constitutional Law |
|
R. Paez | Sep. 20, 2022 |
|
B318588
|
Malloy v. Superior Court (Comprehensive Print Group)
Venue was proper in Los Angeles County because employer allegedly interfered with plaintiff's rights to pregnancy disability leave while she was on leave in Los Angeles County, where she was authorized to work from home. |
Employment Discrimination |
|
D. Perluss | Sep. 20, 2022 |
|
E076001
|
Salazar v. Target Corp.
Demurrer without leave to amend was inappropriate where the plaintiff-appellant stated a viable claim that a reasonable consumer could be deceived by product's price tag description. |
Consumer Law |
|
C. Codrington | Sep. 20, 2022 |
|
E071794
|
People v. Fuller
When a firearm enhancement under Penal Code Section 12022.53 has been charged and found true, a sentencing court has discretion to strike the enhancement and impose an uncharged lesser included enhancement. |
Criminal Law and Procedure |
|
F. Menetrez | Sep. 19, 2022 |