| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
20-56340
|
In Re Mayer
Order denying a stay-relief motion without prejudice was immediately appealable because it conclusively denied the creditor's relief. |
Bankruptcy |
|
A. Tashima | Mar. 9, 2022 |
|
20-16805
|
Ballentine v. Tucker
Detective was not entitled to qualified immunity because binding precedent gave fair notice that it would be unlawful to arrest activists, notwithstanding the existence of probable cause. |
Civil Rights |
|
J. Wallace | Mar. 9, 2022 |
|
20-5279
|
Wooden v. U.S.
Determining whether felonies are part of the same occasion under the Armed Career Criminal Act's requires a multi-factored inquiry that includes timing, location, and the character and relationship of the offenses. |
Criminal Law and Procedure |
|
E. Kagan | Mar. 8, 2022 |
|
21-459
|
Doe v. Facebook, Inc.
Order |
|
Mar. 8, 2022 | ||
|
C089561
|
Rogers v. Roseville SH, LLC
Defendants could not compel arbitration since the elderly resident's conduct never manifested an intent for his son to sign the arbitration agreement on his behalf |
Arbitration |
|
L. Mauro | Mar. 8, 2022 |
|
B304734
|
LA Investments, LLC v. Spix
Mobilehome park's malicious prosecution action prevailed because no reasonable attorney would have imputed nefarious meaning to the park's letter requesting financial information from resident applicant. |
Attorneys |
|
K. Knill | Mar. 8, 2022 |
|
B281051
|
Marriage of Zucker
Courts may use the time of enforcement or execution of a premarital agreement when determining whether spousal support limitations of premarital agreements executed between 1986 and 2002 are unconscionable. |
Family Law |
|
T. Willhite | Mar. 8, 2022 |
|
B312391
|
In re A.C.
The Los Angeles County Department of Children and Family Services' failure to ask readily available extended family members about minor's potential Indian ancestry was prejudicial. |
Juveniles |
|
H. Bendix | Mar. 8, 2022 |
|
E075758
|
People v. Pixley
Where defendant entered into a plea bargain with a stipulated sentence, he was not eligible for resentencing based on military-service-related post-traumatic stress disorder. |
Criminal Law and Procedure |
|
M. Ramirez | Mar. 8, 2022 |
|
S259522
|
Berroteran v. Superior Court (Ford Motor)
Evidence Code Section 1291(a)(2) articulates a general rule in favor of introducing prior trial testimony, but against introducing prior deposition testimony. |
Evidence |
|
T. Cantil-Sakauye | Mar. 8, 2022 |
|
S258019
|
Sheen v. Wells Fargo Bank
Banks do not have a duty of care to process, review and respond completely to loan modification applications. |
Banking |
|
T. Cantil-Sakauye | Mar. 8, 2022 |
|
21-15125
|
In Re Dynamic Random Access Memory Indirect Purchaser Antitrust Litigation
Plaintiffs failed to state a conspiracy claim when the allegations showed that the competitors were reacting to the same market pressures and taking similar actions that served their interests. |
Antitrust |
|
C. Bencivengo | Mar. 8, 2022 |
|
19-56138
|
Harbor Breeze v. Newport Landing Sportfishing
An order denying disgorgement of profits in a false advertising claim was reversed because the jury instructions failed to recite the correct legal standard. |
Remedies |
|
D. Collins | Mar. 8, 2022 |
|
B306918
|
Chui v. Chui
A settlement agreement was not unconscionable because appellant's theory of "winning by losing at trial" was based on a misconception of law. |
probate_and_trusts |
|
F. Rothschild | Mar. 7, 2022 |
|
E073987
|
People v. Gonzalez
A statute criminalizing possession of a loaded, operable firearm while also in possession of controlled substances did not violate the Second Amendment right to bear arms. |
Criminal Law and Procedure |
|
M. Slough | Mar. 7, 2022 |
|
A159792
|
Pappas v. Chang
Plaintiff was not excused from executing a more comprehensive settlement agreement subsequent to the parties' executed settlement agreement. |
Contracts |
|
J. Richman | Mar. 7, 2022 |
|
A161244
|
CIM Urban REIT 211 Main Street (SF) v. City and County of San Francisco
When there is a change of ownership, a San Francisco transfer tax is valid on the entities' real property even if the property is indirectly owned by the entity that experienced the change of ownership. |
Tax |
|
H. Needham | Mar. 7, 2022 |
|
20-828
|
FBI v. Fazaga
The Foreign Intelligence Surveillance Act does not displace the state secrets privilege. |
Government |
|
S. Alito | Mar. 7, 2022 |
|
20-443
|
U.S. v. Tsarnaev
The First Circuit improperly vacated the Boston Marathon bomber's captital sentence based on the exclusion of mitigating evidence. |
Evidence |
|
C. Thomas | Mar. 7, 2022 |
|
A163992
|
Hernandez-Valenzuela v. Superior Court (People)
Court delays because of case backlogs due to COVID-19 pandemic was an extraordinary and exceptional circumstance that warranted speedy trial rights exceptions. |
Criminal Law and Procedure |
|
I. Petrou | Mar. 7, 2022 |
|
21-35062
|
Friends of Animals v. U.S. Fish and Wildlife Service
Under the Endangered Species Act, a net conservation benefit can include an informational benefit that could aid in the conservation of a species. |
Environmental Law |
|
K. Lee | Mar. 7, 2022 |
|
19-17038
|
Flemming v. Matteson
Defendant's federal claims were untimely under the Antiterrorism and Effective Death Penalty Act's one-year statute of limitations because his state habeas petitions were untimely. |
Criminal Law and Procedure |
|
L. VanDyke | Mar. 7, 2022 |
|
C090436
|
Williams v. National Western Life Insurance Co.
An insurer was charged with its agent's knowledge that life insurance policies were unsuitable for elderly plaintiff. |
Insurance |
|
V. Raye | Mar. 7, 2022 |
|
20-601
|
Cameron v. EMW Women's Surgical Center, P. S. C.
Attorney general's motion to intervene to defend the constitutionality of a state statute should have been granted because of a state's strong interest in enforcing its own laws. |
Civil Procedure |
|
S. Alito | Mar. 4, 2022 |
|
20-827
|
U.S. v. Zubaydah
Plaintiff's discovery application, requesting information concerning the existence of a CIA detention site in Poland, fell within the state secrets privilege. |
Civil Procedure |
|
S. Breyer | Mar. 4, 2022 |
|
21-15530
|
In Re Rejuvi Laboratory, Inc.
California corporation waived its personal jurisdiction defense when, in an attempt to set aside an Australian default judgment, it voluntarily appeared in an Australian district court. |
Civil Procedure |
|
W. Fletcher | Mar. 4, 2022 |
|
B309288
|
Crenshaw Subway Coalition v. City of Los Angeles
A gentrification theory, used to challenge the approval of a development project, is not legally cognizable under the Fair Housing Act. |
Government |
|
B. Hoffstadt | Mar. 4, 2022 |
|
H044372
|
Mendoza v. Trans Valley Transport
Notwithstanding a delegation clause, the question of whether the parties entered into an agreement to arbitrate is a matter for the court, not the arbitrator, to decide. |
Arbitration |
|
M. Greenwood | Mar. 3, 2022 |
|
F082353
|
LGCY Power v. Superior Court (Sewell)
An employee did not need to raise an otherwise compulsory cross-complaint in a Utah lawsuit because the California Labor Code mandated that such a dispute be resolved in California. |
Civil Procedure |
|
M. Snauffer | Mar. 3, 2022 |
|
B313574
|
In re Mia M.
The Department of Children and Family Services failed to make reasonable efforts to inform a parent of a disposition hearing because it failed to investigate the most likely avenues for finding the parent. |
Juveniles |
|
C. Moor | Mar. 3, 2022 |