| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
20-71740
|
Young v. U.S.
Certification denied for petitioners' applications for successive habeas corpus petitions that did not "rely on" a new rule of constitutional law. |
Criminal Law and Procedure |
|
R. Berman | Jan. 19, 2022 |
|
21-35149
|
Smith v. Charter Communications
Order |
|
Jan. 19, 2022 | ||
|
B307585
|
Starr v. Chaparro
Voter-adopted ordinance regarding mayoral term could not be amended except by voters so petition initiative seeking to amend that ordinance should have been presented to voters instead of adopted. |
Government |
|
A. Gilbert | Jan. 19, 2022 |
|
B308435
|
Sanchez v. Westlake Services
Under Code of Civil Procedure Section 904.1(a)(2), for the trial court's attorney fees order to constitute an appealable postjudgment order, a prior appealable judgment is required. |
Attorneys |
|
D. Perluss | Jan. 19, 2022 |
|
B311135
|
In re Malik T.
A juvenile court erred in concluding that it lacked the authority to order additional reunification services. |
Juveniles |
|
D. Perluss | Jan. 19, 2022 |
|
C093386
|
In re Lisea
Improper kill zone instruction was prejudicial error warranting reversal of attempted murder conviction. |
Criminal Law and Procedure |
|
C. Blease | Jan. 18, 2022 |
|
A160578
|
People v. Flores
Defendant-Appellant was entitled to a weighing of aggravating and mitigating circumstances to determine if his age at the time of the offense entitled him to imposition of a lower sentence. |
Criminal Law and Procedure |
|
T. Jackson | Jan. 18, 2022 |
|
D079064
|
Ocean Street Extension Neighborhood v. City of Santa Cruz
A city did not violate its municipal code when it granted a planned development permit without requiring compliance with the code's slope modifications. |
Government |
|
R. Huffman | Jan. 18, 2022 |
|
C090477
|
Modification: San Diego Unified School Dist. v. State of California
Statutes that partially fulfilled a financial obligation to school districts were not wrongly retroactive because they did not alter the remaining obligations. |
Education |
|
C. Blease | Jan. 18, 2022 |
|
21A240
|
Biden v. Missouri
The Secretary of Health was authorized to require vaccination against COVID-19 in order for healthcare facilities to receive Medicare and Medicaid funding. |
Government |
|
P. Curiam (USSC) | Jan. 18, 2022 |
|
21A244
|
National Federation of Independent Business v. Occupational Safety and Health Administration
OSHA mandate, requiring businesses with more than 100 employees to be vaccinated or test negative weekly, was beyond the scope of its authority. |
Administrative Agencies |
|
P. Curiam (USSC) | Jan. 18, 2022 |
|
19-73312
|
Amended Opinion: Plancarte Sauceda v. Garland
Board of Immigration Appeals' rejection of petitioner's proposed particular social group of 'female nurses' on ground that nursing is not immutable characteristic was unreasonable. |
Immigration |
|
W. Fletcher | Jan. 18, 2022 |
|
20-56049
|
Childs v. San Diego Family Housing LLC
Collateral order doctrine did not apply to a denial of derivative sovereign immunity because the denial would not be unreviewable via an appeal from a final judgment. |
Civil Procedure |
|
S. Ikuta | Jan. 18, 2022 |
|
20-56122
|
Bristol SL Holdings v. Cigna Health and Life Insurance Company
Health center's bankruptcy successor-in-interest has standing to pursue health center's claims under ERISA. |
Health Care |
|
L. VanDyke | Jan. 18, 2022 |
|
21-56259
|
John Doe v. San Diego Unified School District
Order |
|
Jan. 18, 2022 | ||
|
A160262
|
People v. Langi
The trial court erred in treating the opinion affirming defendant's conviction as conclusively establishing that defendant was found as the actual killer. |
Criminal Law and Procedure |
|
S. Pollak | Jan. 14, 2022 |
|
A162343
|
Western Growers Assn. v. Occupational Safety & Health Standards Board
The Occupational Safety and Health Standards Board had statutory authority to issue emergency mandates affecting businesses during the pandemic. |
Administrative Agencies |
|
S. Margulies | Jan. 14, 2022 |
|
20-480
|
Babcock v. Kijakazi
"Dual-status military technician" pension payments were not based wholly on services as a member of uniformed service and were subject to Social Security Act's Windfall Elimination provision. |
Administrative Agencies |
|
A. Barrett | Jan. 14, 2022 |
|
S263569
|
Segal v. ASICS America Corp.
Costs for demonstratives and photocopies of exhibits prepared for trial, but ultimately not used are not categorically recoverable but are recoverable in the trial court's discretion. |
Civil Procedure |
|
T. Cantil-Sakauye | Jan. 14, 2022 |
|
S258498
|
Olson v. Doe
A mediation agreement's nondisparagement clause did not prevent a party from bringing a later lawsuit arising from same alleged harassment. |
Civil Procedure |
|
G. Liu | Jan. 14, 2022 |
|
17-16511
|
Sanders v. Davis
A capital defense attorney has a duty to ensure that a client's decision not to present mitigating evidence at the penalty phase is informed and knowing. |
Criminal Law and Procedure |
|
R. Paez | Jan. 14, 2022 |
|
20-15518
|
Buffin v. City and County of San Francisco
State was responsible for attorney's fees resulting from civil rights litigation stemming from official's unconstitutional action taken at the State's command. |
Civil Rights |
|
K. Wardlaw | Jan. 14, 2022 |
|
20-15256
|
Armstrong v. Reynolds
An "at-will" employee who was terminated for whistleblowing had a property interest in continued employment. |
Employment Law |
|
M. Berzon | Jan. 14, 2022 |
|
19-73193
|
Jimenez-Sandoval v. Garland
Notice of deportation proceedings served on a 17-year-old minor was adequate notice absent any reason to believe service on an adult would have been more effective at securing an appearance. |
Immigration |
|
J. Rawlinson | Jan. 14, 2022 |
|
B308814
|
American Contractors Indemnity Co. v. Hernandez
A party was not entitled to vacate renewal of judgment where the evidence pointed to his having received notice and being served. |
Civil Procedure |
|
A. Harutunian | Jan. 13, 2022 |
|
B303663
|
Covert v. FCA USA
A trial court should have determined whether a settlement offer was premature and therefore not made in good faith. |
Civil Procedure |
|
G. Feuer | Jan. 13, 2022 |
|
B311883
|
Xu v. Huang
Defendant's false statements regarding competitor's business practices fell squarely within the commercial speech exemption from anti-SLAPP protection. |
Anti-SLAPP |
|
C. Crandall | Jan. 13, 2022 |
|
A163675
|
Isaak v. Superior Court (Syngenta AG)
Denial of trial preference motion in coordinated proceeding was proper when court could not follow generally applicable statute because it established a manner of proceeding mostly consistent with preference statute. |
Civil Procedure |
|
J. Humes | Jan. 13, 2022 |
|
A160358
|
Catlin Insurance Company v. Danko Meredith Law Firm
Absent a pending fee request, the trial court was not required to rule on the merits of a mooted anti-SLAPP motion. |
Anti-SLAPP |
|
J. Streeter | Jan. 13, 2022 |
|
E077170
|
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. 13, 2022 |