| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A161279
|
Perez v. City and County of San Francisco
Summary judgment was improperly granted when a jury could infer that a police officer, whose firearm was stolen and used to kill, was acting within the scope of his employment when he left his gun in his car after work. |
Employment Law |
|
M. Simons | Mar. 3, 2022 |
|
F078864
|
People v. Rodriguez
Increased evidentiary requirements to prove gang-related crimes and enhancements must be applied retroactively and requires proof that the benefit to the street gang is more than just reputational. |
Criminal Law and Procedure |
|
M. Snauffer | Mar. 3, 2022 |
|
21-15869
|
Twitter v. Paxton
A case was not prudentially ripe because the attorney general was still in the process of investigating and had not even decided whether to pursue claims. |
Constitutional Law |
|
R. Nelson | Mar. 3, 2022 |
|
19-35582
|
Milkovich v. U.S.
Because a mortgage was valid at the outset, the district court erred in concluding that the mortgage lacked economic substance even though the market value of the property had declined below the mortgage balance. |
Tax |
|
D. Collins | Mar. 3, 2022 |
|
18-16547
|
Cooper v. Newsom
Order |
|
Mar. 3, 2022 | ||
|
A159026
|
People v. Faial
Assembly Bill 1950, which generally limits probation terms to two years, does not apply retroactively when the trial court's revocation and termination of defendant's probation occurred before the bill's effective date. |
Criminal Law and Procedure |
|
C. Fujisaki | Mar. 2, 2022 |
|
A163307
|
Kuhnel v. Superior Court (People)
When defendant was validly on probation when her probation was revoked and the probation violation hearing never occurred, Assembly Bill 1950 does not apply and the probation period is tolled until the formal probation hearing occurs. |
Criminal Law and Procedure |
|
A. Tucher | Mar. 2, 2022 |
|
C089567
|
People v. Davis
Expert testimony based on the STRmix method of DNA analysis was admissible because the method is accepted as reliable by the relevant scientific community. |
Evidence |
|
E. Duarte | Mar. 2, 2022 |
|
20-56344
|
Tailford v. Experian Information Solutions
Under the Fair Credit Reporting Act, information credit reporting agencies are mandated to provide consumers does not include behavioral data or other information not enumerated in Section 1681(g) of the Act. |
Consumer Law |
|
R. Linn | Mar. 2, 2022 |
|
E072463
|
Modification: People v. E. H.
Changes to the gang-enhancement statute merited reversal of conviction because it was not conclusive that the jury instructions were harmless beyond a reasonable doubt. |
Criminal Law and Procedure |
|
M. Slough | Mar. 2, 2022 |
|
H044372
|
Mendoza v. Trans Valley Transport
Order_and_opinion |
|
Mar. 2, 2022 | ||
|
D078643
|
Shenefield v. Shenefield
Under Family Code Section 3111(d), attorneys may be sanctioned for unwarranted disclosure of a confidential custody evaluation. |
Family Law |
|
R. Huffman | Mar. 1, 2022 |
|
21-145
|
Gordon College v. DeWeese-Boyd
Order |
|
Mar. 1, 2022 | ||
|
21-53
|
Holcombe v. Florida
Order |
|
Mar. 1, 2022 | ||
|
21-376
|
Haaland v. Brackeen
Order |
|
Mar. 1, 2022 | ||
|
21-377
|
Cherokee Nation v. Brackeen
Order |
|
Mar. 1, 2022 | ||
|
21-378
|
Texas v. Haaland
Order |
|
Mar. 1, 2022 | ||
|
21-380
|
Brackeen v. Haaland
Order |
|
Mar. 1, 2022 | ||
|
A156387
|
People v. Phillips
Evidence of defendant's prior involvement in a similar crime may be used to negate claims of innocence especially where circumstances were factually analogous. |
Criminal Law and Procedure |
|
T. Stewart | Mar. 1, 2022 |
|
20-15396
|
Hoffman v. Preston
The court extended the Bivens remedy to allow suit against a guard who allegedly created a substantial risk of harm to plaintiff prisoner. |
Criminal Law and Procedure |
|
L. Rosenthal | Mar. 1, 2022 |
|
20-16069
|
Ochoa v. City of Mesa
The district court correctly applied the purpose-to-harm test because police officers did not have time to deliberate shooting decedent. |
Civil Rights |
|
C. Callahan | Mar. 1, 2022 |
|
21-15571
|
Gantner v. PG&E Corp.
Order |
|
Mar. 1, 2022 | ||
|
F078228
|
Modification: People v. Vasquez
A gang enhancement did not require a showing that an umbrella gang and local subset were connected, because the umbrella gang alone satisfied the requirements. |
Criminal Law and Procedure |
|
C. Poochigian | Feb. 28, 2022 |
|
B304809
|
Broadcast Music, Inc. v. Structured Asset Sales
A sanctions motion was improperly filed because the contested motion was resolved by the court during the 21-day safe harbor period. |
Civil Procedure |
|
J. Ashmann-Gerst | Feb. 28, 2022 |
|
D078411
|
Srouy v. San Diego Unified School District
A school district did not have a mandatory duty to defend a student who was sued by a school football referee. |
Education |
|
W. Dato | Feb. 28, 2022 |
|
A164257
|
People v. Flores
The probative value of defendant's prior acts evidence concerning his propensity to commit domestic violence outweighed any danger of undue prejudice. |
Criminal Law and Procedure |
|
V. Rodriguez | Feb. 28, 2022 |
|
B298990
|
Modification: McMillin v. Eare
A deed, having been physically delivered to the grantee by the grantor, took effect at once and was valid without the oral conditions. |
Real Property |
|
M. Stratton | Feb. 28, 2022 |
|
B308306
|
Coastal Act Protectors v. City of Los Angeles
A petition for writ of mandate challenging a zoning ordinance was subject to a 90-day limitations period because the alleged wrongdoing occurred at the time the ordinance was adopted. |
Government |
|
B. Currey | Feb. 28, 2022 |
|
D079157
|
Von Herrmann v. Superior Court (Management & Training Corp.)
The California Public Records Act applies to private entities that operate immigration detention facilities even when the operator does not directly contract with a city. |
Government |
|
J. Haller | Feb. 28, 2022 |
|
B311161
|
People v. Williams
An attorney who prosecutes an appeal while failing to cite known authority that the court has no jurisdiction to entertain the appeal violates the attorney's duty of candor. |
Attorneys |
|
L. Baker | Feb. 28, 2022 |