| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B309605
|
People v. Lopez
Mask mandate did not violate right to confront witnesses because it was necessary to further the public policy of ensuring courtroom attendees' safety during the COVID-19 pandemic and did not inhibit the testimonies' reliability. |
Criminal Law and Procedure |
|
E. Grimes | Feb. 17, 2022 |
|
B313121
|
People v. Butler
Assembly Bill No. 1950, which reduces the maximum probationary term for most felony offenses to two years, does not allow renegotiation of a plea agreement that exceeds the new maximum. |
Criminal Law and Procedure |
|
A. Harutunian | Feb. 17, 2022 |
|
F076838
|
People v. Sanchez
Defendant's attempted murder conviction was reversed because it could not be determined whether the jury relied on the natural and probable consequences doctrine in reaching its verdict. |
Criminal Law and Procedure |
|
M. Snauffer | Feb. 17, 2022 |
|
C092086
|
Save the El Dorado Canal v. El Dorado Irrigation Dist.
Water pipeline's project description in the environmental impact report meets California Environmental Quality Act requirement when it is adequate, complete and made a good faith effort at full disclosure. |
Environmental Law |
|
A. Hoch | Feb. 17, 2022 |
|
19-72039
|
Ortiz Narez v. Garland
A non-citizen was removable because voluntary manslaughter under California law is a crime involving moral turpitude. |
Immigration |
|
K. Lee | Feb. 17, 2022 |
|
E073965
|
People v. Clements
Although admitting a factual summary from a prior appellate decision was improper, the trial court's ruling was upheld because defendant failed to identify any portions of the appellate opinion the trial court relied on. |
Criminal Law and Procedure |
|
M. Slough | Feb. 17, 2022 |
|
B309269
|
People v. Alvarez
A COVID-19 requirement that witnesses wear masks while testifying did not violate the face-to-face requirement of the Confrontation Clause. |
Criminal Law and Procedure |
|
D. Perluss | Feb. 16, 2022 |
|
G059259
|
Modification: People v. Zamora
Where juror objects to release of jurors' identifying information, court must determine whether good cause for disclosure exists before releasing the identifying information. |
Criminal Law and Procedure |
|
T. Goethals | Feb. 16, 2022 |
|
C087102
|
League to Save Lake Tahoe Mountain Area v. City of Placer
Factual statements by members of the public may constitute substantial evidence supporting an argument of potential significant impact necessitating, under CEQA, a report discussion on existing air and water quality. |
Environmental Law |
|
H. Hull | Feb. 16, 2022 |
|
F082783
|
De La Cerda v. Superior Court (People)
Under the statute defining child pornography possession, Penal Code Section 311.11(c) is an alternate penalty provision and its subdivisions cannot be pleaded as separate offenses. |
Criminal Law and Procedure |
|
K. Meehan | Feb. 16, 2022 |
|
G059593
|
People v. Jackson
In sexually violent person cases, to determine whether to exclude defense expert witness testimony, trial courts must consider both statutory laws and defendant's constitutional due process right to present such evidence. |
Criminal Law and Procedure |
|
R. Fybel | Feb. 16, 2022 |
|
H047594
|
People v. Reynoza
The evidence was insufficient to prove that defendant attempted to prevent or dissuade a witness from causing a complaint to be filed. |
Criminal Law and Procedure |
|
M. Greenwood | Feb. 16, 2022 |
|
B312185
|
People v. Cortes
Defendant failed to make a showing that he was entitled to resentencing because the record demonstrated that he was not convicted under the natural and probable consequences doctrine. |
Criminal Law and Procedure |
|
C. Moor | Feb. 16, 2022 |
|
B311538
|
People v. Pacheco
Trial court's choice of criminal conviction with formal supervised probation over pretrial mental health diversion for arsonist was appropriate in light of the need to place the safety of the community first. |
Criminal Law and Procedure |
|
K. Yegan | Feb. 16, 2022 |
|
B310601
|
In re Abigail L.
A juvenile court order placing a child in another home did not render a request for de facto parent status from her previous custodian moot. |
Juveniles |
|
J. Segal | Feb. 16, 2022 |
|
19-17158
|
Rogers v. Dzurenda
Defendant prevailed on his ineffective assistance claim because trial counsel's preparation and execution of their chosen insanity defense fell below an objective standard of reasonableness. |
Criminal Law and Procedure |
|
R. Gould | Feb. 15, 2022 |
|
19-17311
|
Amended Opinion: Martinez-Gonzalez v. Elkhorn Packing RULING BY
Asking a farm laborer to sign an arbitration agreement after he had already traveled from Mexico, was living in company housing, and had started work was not economic duress. |
Arbitration |
|
P. Bumatay | Feb. 15, 2022 |
|
19-99004
|
Stevens v. Davis
Writ for habeas corpus was properly denied when the prosecutor's decision to strike black prospective jurors was not clearly a pretext for discrimination on the basis of race. |
Criminal Law and Procedure |
|
S. Ikuta | Feb. 15, 2022 |
|
A159731
|
Paige v. Safeway
Although harmless in this case, prohibiting cross-examination of expert witness regarding published standards established as generally accepted in the scientific community during the expert's deposition was error. |
Evidence |
|
I. Petrou | Feb. 14, 2022 |
|
C093270
|
People v. Hampton
Where the original trial court dismissed a special circumstance allegation for insufficient evidence, the dismissal was equivalent to an acquittal when considering a resentencing petition. |
Criminal Law and Procedure |
|
R. Robie | Feb. 14, 2022 |
|
B299482
|
People v. Delgado
Modification to the criminal street gang enhancement statute, Penal Code Section 186.22(f)'s "collectively engage" in a pattern of criminal activity requires proving that two or more gang members committed each predicate offense. |
Criminal Law and Procedure |
|
G. Feuer | Feb. 14, 2022 |
|
B309880
|
Kirk v. Ratner
Neither the superior court nor the appellate court had jurisdiction to consider a petition to vacate a preliminary injunction granted by an arbitrator because the injunction was not a final award. |
Arbitration |
|
D. Perluss | Feb. 14, 2022 |
|
A161171
|
In re Cesar G.
Juvenile courts cannot order wards to pay for DUI programs that are required as a condition of probation. |
Juveniles |
|
M. Miller | Feb. 14, 2022 |
|
21-35126
|
Lara v. First National Insurance Co. of America
Denial of class certification was appropriate where individual trials would be a superior method to adjudicate the issues since individualized determinations would need to be made regarding each plaintiff's injury. |
Civil Procedure |
|
R. Nelson | Feb. 14, 2022 |
|
20-55119
|
Peck v. Swift Transportation
Proposed settlement agreement of class claims should have been subjected to higher standard of fairness and more probing inquiry before approval when a class had not yet been certified. |
Civil Procedure |
|
M. Smith | Feb. 14, 2022 |
|
16-72926
|
Amended Opinion: Tomczyk v. Garland
For purposes of reinstatement of a prior removal order, an individual's inadmissible status renders that individual's reentry illegal regardless of the manner of reentry. |
Immigration |
|
C. Callahan | Feb. 14, 2022 |
|
20-15826
|
American National Property and Casualty Co. v. Gardineer
Insured's umbrella policy, by its plain and unambiguous terms, did not provide coverage for entrustment liability arising from entrustee's use of insured's vehicle. |
Insurance |
|
D. Collins | Feb. 14, 2022 |
|
F080711
|
Joseph v. City of Atwater
Police chief's employment contract created a hybrid employment relationship where he could be demoted to lieutenant without cause but could only be terminated with cause. |
Employment Law |
|
D. Franson | Feb. 11, 2022 |
|
17-10548
|
U.S. v. Hansen
A statute criminalizing encouraging or inducing unlawful immigration for private financial gain was overbroad and unconstitutional. |
Constitutional Law |
|
R. Gould | Feb. 11, 2022 |
|
19-71445
|
Vasquez-Rodriguez v. Garland
Order |
|
Feb. 11, 2022 |