| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
21-1036
|
In re: Jerome E. Perryman
Continuances in a nonbankruptcy matter did not violate the automatic stay provision of Bankruptcy Code Section 362(a). |
Bankruptcy |
|
J. Brand | Nov. 26, 2021 |
|
A159749
|
Elation Systems, Inc. v. Fenn Bridge LLC
Because the finding that defendant breached an NDA was uncontested, the trial court should have awarded nominal damages even if there was no showing of harm to plaintiff. |
Contracts |
|
C. Fujisaki | Nov. 24, 2021 |
|
D077894
|
Modification: People v. Alatorre
Petitioner was reasonably diligent because, although the change in law had become effective two years prior, he promptly retained counsel after learning of the change in law. |
Immigration |
|
W. Dato | Nov. 24, 2021 |
|
A159914
|
People v. Williams
Lifetime parolees are no exception to the requirement of Section 1203.2(b)(1) of the Penal Code that all petitions for parole revocation be referred to the parole agency for a written report. |
Criminal Law and Procedure |
|
J. Humes | Nov. 24, 2021 |
|
20-30136
|
U.S. v. Franklin
Consideration of co-defendants' hearsay statements at sentencing did not violate defendant's due-process rights because the statements were procedurally and substantively reliable. |
Evidence |
|
D. Boggs | Nov. 24, 2021 |
|
18-72548
|
Nababan v. Garland
The Board of Immigration Appeals must, when properly considering all factors, take into account Indonesia's changed circumstances towards evangelical Christians specifically, as opposed to Christians in general. |
Immigration |
|
S. Gleason | Nov. 24, 2021 |
|
G059845
|
People v. Murillo
During the initial stages of a motion for vacatur, it was improper for the trial court to engage in judicial factfinding prior to issuing an order to show cause. |
Criminal Law and Procedure |
|
W. Bedsworth | Nov. 24, 2021 |
|
B312348
|
City of Oxnard v. County of Ventura
A city seeking a preliminary injunction to prohibit the county from providing ambulance services was denied because the city effectively delegated its administrative control over that service prior to 1980. |
Administrative Agencies |
|
M. Tangeman | Nov. 24, 2021 |
|
B312152
|
People v. Montes
Using revised statute that would become effective before a final order is entered, petitioner convicted of attempted murder under the natural and probable consequences doctrine may be able to establish prima facie eligibility for resentencing. |
Criminal Law and Procedure |
|
M. Stratton | Nov. 24, 2021 |
|
B306088
|
People v. Ramirez
Defendant's youth must be considered when determining if actions constituted reckless indifference required for the natural and probable consequences doctrine. |
Criminal Law and Procedure |
|
G. Feuer | Nov. 24, 2021 |
|
B309786
|
Modification: People v. Farfan
A superior court's denial of defendant's petition for resentencing was harmless error because the jury's finding precluded relief as a matter of law. |
Criminal Law and Procedure |
|
E. Lui | Nov. 24, 2021 |
|
143, Orig.
|
Mississippi v. Tennessee et. al.
The waters of the Middle of Claiborne Aquifer were subject to the remedy of equitable apportionment because the equitable apportionment was sufficiently similar to past applications of the remedy to warrant the same treatment. |
Water Rights |
|
J. Roberts | Nov. 23, 2021 |
|
19-17501
|
Sierra Club v. Biden
Order |
|
Nov. 23, 2021 | ||
|
19-17501
|
Sierra Club v. Biden
Order |
|
Nov. 23, 2021 | ||
|
G060420
|
Wilkin v. Community Hospital of the Monterey Peninsula
Summary judgment was properly granted because employee did not present evidence that employer's reasons for terminating employment were pretextual. |
Employment Discrimination |
|
R. Fybel | Nov. 22, 2021 |
|
C089344
|
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 | Nov. 22, 2021 |
|
B305512
|
People v. Rodriguez
Despite existing knowledge of an employee's moonlighting, the limitations period did not begin to run until victim learned of facts that caused him to investigate and discover a crime had been committed. |
Criminal Law and Procedure |
|
S. Ohta | Nov. 22, 2021 |
|
H047087
|
Conservatorship of C.O.
Trial court erred in not personally advising conservatee of right to jury trial, but the error was harmless because the evidence showed that conservatee would not have had a more favorable outcome. |
Conservatorship |
|
A. Danner | Nov. 22, 2021 |
|
19-55810
|
D.D. v. Los Angeles Unified School District
A student was required to exhaust his remedies under the Individuals with Disabilities Education Act because the gravamen of the student's Americans Disability Act complaint was the denial of a free appropriate public education. |
Disability Discrimination |
|
A. Hurwitz | Nov. 22, 2021 |
|
19-17294
|
Plaskett v. Wormuth
Under the Administrative Procedure Act, plaintiff's failure to plead a discrete action the Army was required to take was a failure to state a claim upon which relief could be granted. |
Administrative Agencies |
|
D. Collins | Nov. 22, 2021 |
|
19-55128
|
Optional Capital v. DAS Corporation
An ambiguous judgment did not include an award for funds that the district court did not have before it in making its final judgment. |
Civil Procedure |
|
D. Collins | Nov. 22, 2021 |
|
B309786
|
People v. Farfan
A superior court's denial of defendant's petition for resentencing was harmless error because the jury's finding precluded relief as a matter of law. |
Criminal Law and Procedure |
|
E. Lui | Nov. 22, 2021 |
|
B306122
|
Cerletti v. Newsom
A taxpayer action challenging emergency assistance for undocumented immigrants was moot because the payments had already been made and were not likely to recur. |
Tax |
|
L. Rubin | Nov. 19, 2021 |
|
D077984
|
Neurelis, Inc. v. Aquestive Therapeutics, Inc.
Statements made to investors were not protected under the anti-SLAPP statute because they fell under the statute's commercial speech exemption. |
Anti-SLAPP |
|
R. Huffman | Nov. 19, 2021 |
|
B305774
|
Blizzard Energy, Inc. v. Schaefers
Trial court erred when adding an LLC as an alter ego judgment debtor because debtor's former wife with an interest in the LLC may be an innocent third party harmed by the addition. |
Corporations |
|
K. Yegan | Nov. 19, 2021 |
|
20-15710
|
Fried v. Wynn Las Vegas
In a hostile work environment claim, the trial court erred by focusing on the customer's behavior rather than the employer's response. |
Employment Discrimination |
|
M. Christen | Nov. 19, 2021 |
|
20-16375
|
Perry v. Hollingsworth
The court lacked jurisdiction over the appeal because appellants failed to establish that the release of sealed recordings would result in a concrete and particularized injury. |
Constitutional Law |
|
W. Fletcher | Nov. 19, 2021 |
|
19-72007
|
Goulart v. Garland
The Board of Immigration Appeals denied petitioner's claim for equitable tolling because petitioner failed to diligently pursue his rights during the time between his removal and the change in law. |
Immigration |
|
R. Paez | Nov. 19, 2021 |
|
20-70587
|
Soto-Soto v. Garland
Order |
|
Nov. 19, 2021 | ||
|
20-70272
|
Center for Community Action v. Federal Aviation Administration
Petitioners seeking review of a Federal Aviation Administration Final Environmental Assessment finding bear the burden of showing missteps on the part of the FAA. |
Environmental Law |
|
E. Siler | Nov. 19, 2021 |