| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
21-588 (21A85)
|
U.S. v. Texas
Order |
|
Dec. 13, 2021 | ||
|
19-55974
|
Arroyo v. Rosas
In cases alleging Americans with Disabilities Act and Unruh Act violations, courts may properly decline supplemental jurisdiction due to exceptional circumstances but must do so before adjudicating the entire case. |
Disability Discrimination |
|
D. Collins | Dec. 13, 2021 |
|
20-55568
|
Ahlman v. Barnes
A stay of a preliminary injunction under the Prison Litigation Reform Act does not toll the 90-day automatic expiration. |
Prisoners' Rights |
|
R. Nelson | Dec. 13, 2021 |
|
C089344
|
Modification: Acres v. Marston
In a suit involving Indian tribes' employees, sovereign immunity did not apply because plaintiff sought monetary relief from the employees in their individual capacities. |
Immunity |
|
C. Blease | Dec. 13, 2021 |
|
B311089
|
In re Scarlett V.
Where evidence clearly supports a finding of Special Immigrant Juvenile status, courts must, at a minimum, consider the evidence and issue a determination. |
Immigration |
|
J. Segal | Dec. 10, 2021 |
|
G059801
|
De Leon v. Pinnacle Property Management Services, LLC
Arbitration agreement signed as a precondition of employment was unenforceable because its terms limiting discovery and shortening the limitations period for all claims were unconscionable. |
Arbitration |
|
L. Marks | Dec. 10, 2021 |
|
A160827
|
People v. Silva
During redesignation and resentencing, due process requires that petitioners are provided notice regarding the crimes to be redesignated. |
Criminal Law and Procedure |
|
J. Streeter | Dec. 10, 2021 |
|
20-36073
|
Saved Magazine v. Spokane Police Department
A police officer was entitled to qualified immunity because plaintiff journalist did not identify a clearly established right that the officer violated. |
Immunity |
|
M. Smith | Dec. 10, 2021 |
|
E074347
|
People v. Waxlax
Defendant's dual convictions for assault were improper because they were actually two convictions for the same offense stemming from the same act. |
Criminal Law and Procedure |
|
M. Slough | Dec. 10, 2021 |
|
A162063
|
Modification: Y.C. v. Superior Court (People)
Statements taken in violation of the Fifth and Sixth Amendments could not be sealed merely to protect privacy. |
Constitutional Law |
|
A. Tucher | Dec. 9, 2021 |
|
C087191
|
Modification: People v. Schuller
Imperfect self-defense must be based on a misperception of the circumstances and cannot be based purely on delusions. |
Criminal Law and Procedure |
|
W. Murray | Dec. 9, 2021 |
|
G060049
|
Modification: People v. Lewis
Trial court's mash-up of CALCRIM Nos. 1201 and 1203 to include deception, while removing force or threat of force element for kidnapping, was an erroneous statement of the law. |
Criminal Law and Procedure |
|
K. O'Leary | Dec. 9, 2021 |
|
20-56291
|
Brach v. Newsom
Order |
|
Dec. 9, 2021 | ||
|
20-16759
|
Arizona Democratic Party v. Hobbs
Arizona's election-day deadline for voters to correct an unsigned affidavit on their vote-by-mail ballot passed constitutional muster because Arizona's interests justify the deadline and the burden on voters is minimal. |
Constitutional Law |
|
S. Graber | Dec. 9, 2021 |
|
21-569
|
Tucker v. Shreveport
Order |
|
Dec. 7, 2021 | ||
|
21-56259
|
John Doe v. San Diego Unified School District
Order |
|
Dec. 7, 2021 | ||
|
16-10150
|
U.S. v. Briones
The imposition of a life sentence for crimes committed by defendant while he was a juvenile was affirmed because the resentencing judge clearly considered defendant's youth. |
Criminal Law and Procedure |
|
D. O'Scannlain | Dec. 7, 2021 |
|
20-60047
|
In re Rudolf P. Sienega
State tax debt was nondischargeable because debtor's faxes to the California Franchise Tax Board did not qualify as returns. |
Bankruptcy |
|
S. Thomas | Dec. 7, 2021 |
|
20-15837
|
Optronic Technologies v. Ningbo Sunny Electronic
Where defendants have conspired to violate antitrust laws and harmed a market's competitive structure, they remains liable for the continuing injuries the scheme brought about. |
Antitrust |
|
R. Gould | Dec. 7, 2021 |
|
20-16796
|
Rattagan v. Uber Technologies
Order |
|
Dec. 7, 2021 | ||
|
B298881
|
Modification: Drink Tank Ventures v. Real Soda in Real Bottles
Where the sole basis for an intentional interference with a prospective economic advantage claim is based on breach of contract, the trial court lacked subject matter jurisdiction because there was no tort. |
Business Law |
|
B. Hoffstadt | Dec. 6, 2021 |
|
B307048
|
Guttman v. Guttman
A trial court did not err in granting a motion to vacate plaintiff's dismissal of his partnership dissolution action because an order granting the buyout motion effectively supplants the action. |
Business Law |
|
F. Rothschild | Dec. 6, 2021 |
|
19-16953
|
Nieves Martinez v. U.S.
Order |
|
Dec. 6, 2021 | ||
|
B299238
|
People v. Washington
The People should be given an opportunity to answer an equal protection argument in the trial court when the argument was neither raised at the trial court nor forfeited because it was unlikely to arise there. |
Criminal Law and Procedure |
|
G. Feuer | Dec. 6, 2021 |
|
B305134
|
Lejins v. City of Long Beach
The City of Long Beach's Measure M water surcharge could not be imposed as an incident of property ownership and therefore violated Article XIII D Section 3 of the California Constitution. |
Government |
|
V. Chaney | Dec. 3, 2021 |
|
H046475
|
CSAA Insurance Exchange v. Hodroj
Parties are still bound by agreed-upon material terms even though the parties originally contemplated but failed to realize a formal written agreement. |
Contracts |
|
M. Greenwood | Dec. 3, 2021 |
|
H046707
|
BMC Promise Way, LLC v. County of San Benito
A successor in interest was liable for payment of a fee that the previous property interest holder had agreed to. |
Contracts |
|
A. Grover | Dec. 3, 2021 |
|
H044894
|
Award Homes, Inc. v. County of San Benito
A real estate developer was required to pay a city "additional amount" fees as part of its development agreement because the parties intended "developer's obligations" to include the additional amount under tax sharing agreements. |
Contracts |
|
A. Grover | Dec. 3, 2021 |
|
20-16075
|
City of Oakland v. Oakland Raiders
Oakland's inability to pay for an NFL team was not a direct result of the NFL's ultracompetitive pricing for its teams and it therefore did not have standing to pursue a Sherman Act antitrust claim. |
Antitrust |
|
A. Tashima | Dec. 3, 2021 |
|
S163643
|
People v. Gonzalez
The wiretap statute does not impose the requirement that an application filed in the District Attorney's absence include information detailing the specific circumstances of the DA's absence. |
Criminal Law and Procedure |
|
J. Groban | Dec. 3, 2021 |