| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B302835
|
Kaney v. Mazza
Despite plaintiff not remembering her fall, causation was a triable issue of fact since evidence could lead to a reasonable and probable inference that defendant's negligence contributed to the injury. |
Torts |
|
J. Ashmann-Gerst | Jan. 24, 2022 |
|
19-10065
|
U.S. v. Flucas
Transportation of a minor with intent to engage in criminal sexual activity requires criminal sexual activity to be a motivating purpose, but it need not be the dominant purpose. |
Criminal Law and Procedure |
|
J. Rawlinson | Jan. 24, 2022 |
|
19-15222
|
Lemos v. County of Sonoma
Order |
|
Jan. 24, 2022 | ||
|
B309226
|
Tran v. County of Los Angeles
Statutory thirty-day limit imposed on Los Angeles Board of Supervisor's review was a mandatory limit rendering the Board's failure to take timely action an affirmation of the reviewed decision. |
Municipal Law |
|
E. Lui | Jan. 24, 2022 |
|
B303300
|
TriCoast Builders, Inc. v. Fonnegra
A party who waived its right to a jury trial by failing to post jury fees failed to demonstrate how it was prejudiced by a court trial. |
Civil Procedure |
|
V. Chavez | Jan. 24, 2022 |
|
B301000
|
Vines v. O'Reilly Auto Enterprises, LLC
Attorney's fees to be awarded in unsuccessful discrimination and harassment claim because those claims were factually intertwined with plaintiff's successful FEHA retaliation claim. |
Employment Law |
|
D. Perluss | Jan. 24, 2022 |
|
E077196
|
Modification: In re L.A.-O.
Application of the parental-benefit exception requires specificity evidencing a substantial, positive, emotional attachment to the parent, not just ambiguous statements regarding a "parental role." |
Juveniles |
|
M. Ramirez | Jan. 21, 2022 |
|
F083104
|
J&A Mash & Barrel, LLC v. Superior Court (Tower Theater Properties)
Where feasible, trial court must interpret lease agreement's right of first refusal provision to make it effective rather than void. |
Contracts |
|
D. Franson | Jan. 21, 2022 |
|
B306292
|
Espinoza v. Hepta Run, Inc.
California's meal and rest break rules governing the transportation industry are expressly preempted by federal regulations governing truck drivers. |
Employment Law |
|
D. Perluss | Jan. 21, 2022 |
|
D078204
|
Spencer S. Busby, APLC v. BACTES Imaging Solutions, LLC
Rates charged for pre-litigation photocopies of clients' medical records did not violate statutory limits since charging vendor was acting as an agent of the requesting attorney. |
Evidence |
|
J. McConnell | Jan. 21, 2022 |
|
B305146
|
United Grand Corporation v. Stollof
Defendants are the prevailing party when they fulfill requirements of Civil Code Section 1717(b)(2) by tendering the full amount due. |
Civil Procedure |
|
M. Stratton | Jan. 21, 2022 |
|
D078215
|
Modification: Munoz v. PL Hotel Group, LLC
The trial court erroneously sustained a demurrer to a fraud cause of action because the complaint adequately pleaded fraud in the execution of a lease. |
Contracts |
|
W. Dato | Jan. 21, 2022 |
|
20-637
|
Hemphill v. New York
Sixth Amendment's Confrontation Clause principles are violated when court admits unconfronted, testimonial hearsay because it deemed it necessary to correct a misleading impression. |
Evidence |
|
S. Sotomayor | Jan. 21, 2022 |
|
21A272
|
Trump v. Thompson
Order |
|
Jan. 21, 2022 | ||
|
S257658
|
People v. Tirado
Trial court had discretion to strike enhancement found true by jury and apply lesser enhancement whose predicate facts were necessarily encompassed by the facts constituting the greater enhancement. |
Criminal Law and Procedure |
|
C. Corrigan | Jan. 21, 2022 |
|
20-56220
|
McDougall v. County of Ventura
County orders mandating a 48-day closure of gun shops clearly burdened conduct protected by the Second Amendment and failed strict scrutiny. |
Constitutional Law |
|
L. VanDyke | Jan. 21, 2022 |
|
H048761
|
In re A.L.
The juvenile court properly considered whether the termination of parental rights would be detrimental to the child. |
Juveniles |
|
P. Bamattre-Manoukian | Jan. 20, 2022 |
|
21-164
|
Trustees of New Life in Christ Church v. Fredericksburg
Order |
|
Jan. 19, 2022 | ||
|
21-5975
|
Balderas v. U.S.
Order |
|
Jan. 19, 2022 | ||
|
21-234
|
George v. McDonough
Order |
|
Jan. 19, 2022 | ||
|
21-418
|
Kennedy v. Bremerton School District
Order |
|
Jan. 19, 2022 | ||
|
21-499
|
Vega v. Tekoh
Order |
|
Jan. 19, 2022 | ||
|
21-439
|
Nance v. Ward
Order |
|
Jan. 19, 2022 | ||
|
21-511
|
Shoop v. Twyford
Order |
|
Jan. 19, 2022 | ||
|
G059259
|
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 | Jan. 19, 2022 |
|
E077170
|
Modification: In re Terraza
Prisoner lacking capacity to give informed consent to organic therapy was entitled to consideration of views or wishes expressed while competent that indicate whether he would consent to treatment. |
Criminal Law and Procedure |
|
C. Umeda | Jan. 19, 2022 |
|
B308095
|
People v. Luper
Independent review of the entire record for error by the appellate court when counsel fails to identify arguable issues is not a guaranteed right in appeals from commitment extension proceedings. |
Criminal Law and Procedure |
|
A. Harutunian | Jan. 19, 2022 |
|
A162116
|
In re Eli B.
A juvenile court did not err in terminating a mother's parental rights because the beneficial relationship exception did not apply. |
Juveniles |
|
T. Stewart | Jan. 19, 2022 |
|
20-30181
|
U.S. v. Castellanos-Avalos
Where defendant could not satisfy deprivation-of-judicial-review requirement given that defendant sought judicial review and received it, the court did not need to address 'Palomar-Santiago' case law. |
Immigration |
|
M. Smith | Jan. 19, 2022 |
|
20-35818
|
ICTSI Oregon v. International Longshore and Warehouse Union
The court lacked jurisdiction because the labor union's argument on interlocutory appeal was a question of fact. |
Civil Procedure |
|
D. O'Scannlain | Jan. 19, 2022 |