| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
20-35780
|
Western Watersheds Project v. Haaland
Request to intervene in multi-phase litigation was timely because movant's interests supported intervention in a later phase and it was filed within the timeframe allowed for filing an appeal. |
Civil Procedure |
|
R. Clifton | Jan. 6, 2022 |
|
20-35037
|
Columbia Export Terminal v. International Longshore and Warehouse Union
RICO claims are precluded by Labor Management Relations Act Section 301 when the claims are based on rights created by or its resolution depends on a collective bargaining agreement. |
Labor Law |
|
R. Clifton | Jan. 6, 2022 |
|
B308926
|
People v. Mejorado
Lack of facts in the record refuting petitioner's allegations meant failure to appoint counsel and issue an order to show cause in response to a resentencing petition was prejudicial error. |
Criminal Law and Procedure |
|
E. Grimes | Jan. 5, 2022 |
|
D078215
|
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. 5, 2022 |
|
B307887
|
Marriage of Brubaker and Strum
Trial court erred in concluding that issue preclusion applied when issue heard in family law court differed from issue in trial court regarding a domestic violence restraining order. |
Family Law |
|
J. Segal | Jan. 5, 2022 |
|
F078173
|
Johnson v. Little Rock Ranch
Defense of laches and doctrine of "relative hardship" applies where property owners failed to assert their rights in disputed area prior to neighbor's extensive work in improving property. |
Real Property |
|
M. Smith | Jan. 5, 2022 |
|
B308328
|
Elmore v. Gordon
Driver's license suspension for refusal to submit to blood or breath test was proper despite an incomplete admonition that refusal would also result in fine or imprisonment. |
Administrative Agencies |
|
J. Wiley | Jan. 4, 2022 |
|
A158977
|
Jobs & Housing Coalition v. City of Oakland
Enacting a measure on a majority vote despite statements in the ballot materials indicating that a supermajority would be needed did not violate due process. |
Government |
|
J. Humes | Jan. 4, 2022 |
|
D079089
|
People v. Superior Court (Valenzuela)
Aider and abettor's actions were sufficient to demonstrate, for the purposes of a preliminary hearing, that he intended and aided the direct perpetrator's act with conscious disregard for human life. |
Criminal Law and Procedure |
|
W. Dato | Jan. 4, 2022 |
|
A161118
|
Modification: In re L.J.
A juvenile's punishment on a reckless evasion of police count was stayed because it was based on the same indivisible course of conduct, with the same intent and objective, as the assault counts. |
Juveniles |
|
T. Brown | Jan. 4, 2022 |
|
D077868
|
Sellers v. JustAnswer LLC
Through their websites' design, website providers must ensure consumers are adequately notified of contractual terms they are agreeing to by making those terms clear and conspicuous. |
Consumer Law |
|
T. Do | Jan. 4, 2022 |
|
A159115
|
People v. Harrison
Petitioner was entitled to resentencing without the need for a hearing because the trial court specifically found he did not act with reckless indifference to human life. |
Criminal Law and Procedure |
|
T. Brown | Jan. 4, 2022 |
|
18-16700
|
Gonzalez v. Google LLC
Order |
|
Jan. 4, 2022 | ||
|
18-10464
|
U.S. v. Turchin
Federal nexus required for fraud involving identification documents is not automatically satisfied merely by showing that the identification document in question was issued by a state government. |
Criminal Law and Procedure |
|
D. Collins | Jan. 4, 2022 |
|
20-35592
|
U.S. v. Jackson
Defendant's claim for breach of plea agreement failed when the written agreement was fully integrated and defendant testified at plea colloquy that it represented the parties' entire agreement. |
Criminal Law and Procedure |
|
J. Nguyen | Jan. 4, 2022 |
|
21-35175
|
Pacheco v. U.S.
Order |
|
Jan. 4, 2022 | ||
|
S070250
|
People v. Johnson
Defendant waived his earlier invocation of his right to counsel when defendant initiated conversation with a psychiatrist. |
Criminal Law and Procedure |
|
J. Groban | Jan. 4, 2022 |
|
S259999
|
In re Mohammad
Department of Corrections and Rehabilitation's regulations excluding inmates convicted of nonviolent offenses who are also serving terms for violent offenses from Proposition 57 nonviolent offender early parole consideration were constitutional. |
Criminal Law and Procedure |
|
T. Cantil-Sakauye | Jan. 4, 2022 |
|
B301050
|
People v. Lopez
Gang enhancements were vacated because Assembly Bill 333 requires evidence of additional elements to impose gang enhancements. |
Criminal Law and Procedure |
|
M. Stratton | Jan. 3, 2022 |
|
19-30006
|
U.S. v. Bastide-Hernandez
Order |
|
Jan. 3, 2022 | ||
|
20-35694
|
Grondal v. U.S.
The Bureau of Indian Affairs, as holder of legal title to Native American land held in trust by the United States for Native Americans, has standing to bring claims for trespass and ejectment against expired lessees on trust property. |
Native American Affairs |
|
C. Bea | Jan. 3, 2022 |
|
20-16834
|
Michener v. Kijakazi
Service not designated as employment or recognized as equivalent in U.S.-Canada Section 433 agreement was subject to the Windfall Elimination Program. |
Administrative Agencies |
|
A. Hurwitz | Jan. 3, 2022 |
|
20-55961
|
Capistrano Unified School District v. S.W.
An Individualized Education Program was adequate because its goals addressed the student's needs and the school district considered the parents' and their expert's recommendations. |
Education |
|
R. Nelson | Jan. 3, 2022 |
|
20-16202
|
Cannara v. Nemeth
Under the Johnson Act, the district court lacked subject matter jurisdiction over a suit that may directly or indirectly affect state-approved utility rates. |
Civil Procedure |
|
D. Forrest | Jan. 3, 2022 |
|
B304347
|
Pappas v. State Coastal Conservancy
Trial courts may adjudicate actions for relief to restrain any Coastal Act violation. |
Administrative Agencies |
|
S. Perren | Dec. 30, 2021 |
|
G060362
|
Grassi v. Superior Court (People)
Defendant was ineligible for misdemeanor diversion despite Legislature not expressly excluding driving under the influence of drugs under the diversion statute. |
Criminal Law and Procedure |
|
K. O'Leary | Dec. 30, 2021 |
|
B311670
|
Coble v. Ventura County Health Care Agency
Appellant's failure to seek disqualification of the trial judge until after an adverse ruling was a forfeiture of that claim. |
Judges |
|
K. Yegan | Dec. 30, 2021 |
|
B307371
|
Garcia v. Expert Staffing West
Mere existence of a business relationship was insufficient basis to compel arbitration with parties that did not bargain for or execute an arbitration agreement between job applicant and another entity. |
Arbitration |
|
M. Tangeman | Dec. 30, 2021 |
|
B307255
|
Marriage of Reichental
In a dissolution proceeding, where parties stipulate the appointment of a temporary judge to hear and determine the matter, issuance of a domestic violence restraining order falls within the scope of allowable actions. |
Family Law |
|
K. Yegan | Dec. 30, 2021 |
|
B303753
|
North American Title Co. v. Gugasyan
The "safe harbor" presumption does not require a notary to verify with the Department of Motor Vehicles that a driver's license is legitimately issued. |
Torts |
|
B. Hoffstadt | Dec. 30, 2021 |