| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
20-1594
|
Rojas v. U.S.
Order |
|
Nov. 2, 2021 | ||
|
21-7
|
Garland v. Velasquez
Order |
|
Nov. 2, 2021 | ||
|
20-1530
|
West Virginia v. EPA
Order |
|
Nov. 2, 2021 | ||
|
20-1531
|
North American Coal Corp. v. EPA
Order |
|
Nov. 2, 2021 | ||
|
20-1778
|
Westmoreland Mining Holdings v. EPA
Order |
|
Nov. 2, 2021 | ||
|
20-1780
|
North Dakota v. EPA
Order |
|
Nov. 2, 2021 | ||
|
20-1775
|
Arizona v. San Francisco, CA
Order |
|
Nov. 2, 2021 | ||
|
F083149
|
Modification: Negron v. Superior Court (People)
A defendant qualified for mental health diversion because he suffered from a qualifying disorder despite also being diagnosed with an excluded disorder. |
Criminal Law and Procedure |
|
K. Meehan | Nov. 2, 2021 |
|
B311250
|
In re Solomon B.
An order terminating a nonoffending noncustodial mother's parental rights was reversed because substantial evidence did not support the juvenile court's detriment finding. |
Juveniles |
|
C. Crandall | Nov. 2, 2021 |
|
C090618
|
Family Health Centers of San Diego v. State Dept. of Health Care Services
An administrative law judge did not err in using a materiality standard to determine how to apportion costs for a clinic receiving Medi-Cal reimbursement. |
Health Care |
|
P. Krause | Nov. 2, 2021 |
|
A162043
|
California Union Square L.P. v. Saks & Company LLC
Where lease agreement contained several sections regarding attorneys' fees, the section that was specific as to the reason for the dispute governed rather than the general attorneys' fees provision. |
Contracts |
|
I. Petrou | Nov. 2, 2021 |
|
D075529
|
State Farm General Insurance Company v. Lara
In the prior approval system for insurance rates, the insurance commissioner cannot consider projected investment income from affiliate companies in setting a fair rate. |
Insurance |
|
R. Huffman | Nov. 2, 2021 |
|
D077731
|
State Farm General Insurance Company v. Lara
Intervenor attorneys' fees under Insurance Code Section 1861.10(b) may be obtained as long as the intervenor made a significant, distinct contribution. |
Insurance |
|
R. Huffman | Nov. 2, 2021 |
|
H044008
|
Zamora v. Security Industry Specialists
Summary adjudication was improper because a jury could infer disability discrimination from lower-ranked, but able-bodied employees being demoted rather than terminated. |
Employment Law |
|
M. Greenwood | Nov. 2, 2021 |
|
20-56399
|
U.S. v. Tan
United States Customs and Border Protection is not required to describe the subjects about which it intends to question in a summons for testimony. |
Government |
|
S. Graber | Nov. 2, 2021 |
|
18-72974
|
Usubakunov v. Garland
An immigration judge's denial of an asylum applicant's continuance of his merits hearing violated the applicant's right to counsel. |
Immigration |
|
M. McKeown | Nov. 2, 2021 |
|
16-99008
|
Ochoa v. Davis
Habeas corpus applicant was required to show that the *Brady* violation prejudiced his case in order to make a successful habeas claim. |
Criminal Law and Procedure |
|
R. Clifton | Nov. 2, 2021 |
|
D077571
|
Rincon Band of Luiseno Mission Indians v. Flynt
Because Native American tribes are governmental entities, they have no standing to bring Unfair Competition Law claims. |
Native American Affairs |
|
T. Do | Nov. 1, 2021 |
|
A157062
|
People v. James
Courts must consider a defendant's background, character, and prospects in determining if she is within the spirit of the three strikes law. |
Criminal Law and Procedure |
|
M. Miller | Nov. 1, 2021 |
|
20-50172
|
U.S. v. Rizo-Rizo
Attempted illegal entry is a regulatory offense that does not require the alien to know that he was an alien. |
Immigration |
|
M. Bennett | Nov. 1, 2021 |
|
H047281
|
Modification: People v. Greeley
Assembly Bill 1869 requires courts to strike the criminal justice administration fee and the probation supervision fee even though the fees are already uncollectable. |
Criminal Law and Procedure |
|
F. Elia | Nov. 1, 2021 |
|
A163389
|
Williams v. Superior Court (Fautt)
A defendant was entitled to have her case transferred to the county of her residence because a Judicial Council form could not alter the statutory law governing venue. |
Civil Procedure |
|
K. Banke | Nov. 1, 2021 |
|
E075738
|
Dept. of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board
The Department of Alcoholic Beverage Control properly revoked a nonprofit club's liquor license because substantial evidence showed it knowingly allowed cannabis sales on its premises. |
Administrative Agencies |
|
M. Raphael | Nov. 1, 2021 |
|
B296394
|
Gall v. Smith & Nephew, Inc.
Liability does not fall on manufacturer where doctor knew of an implant's risks and may have failed to provide the warnings to the patient. |
Torts |
|
J. Wiley | Nov. 1, 2021 |
|
B306900
|
Bacoka v. Best Buy Stores, L.P.
Carriers were not employees of Best Buy because Best Buy did not have control over their work, nor any way to terminate them. |
Employment Law |
|
E. Grimes | Nov. 1, 2021 |
|
S165195
|
People v. Navarro
Conspiracy to commit murder could be inferred from defendant's actions and associations involving the alleged conspiracy. |
Criminal Law and Procedure |
|
T. Cantil-Sakauye | Oct. 29, 2021 |
|
A161379
|
Gordon v. Atria Management Company
Because an agent was authorized to sign an arbitration agreement on behalf of the principal with respect to her personal care, there was a valid arbitration agreement. |
Arbitration |
|
H. Needham | Oct. 29, 2021 |
|
B307000
|
Modification: People v. Cepeda
Penal Code Section 1170 permits a trial court, upon receiving a letter from the California Department of Corrections and Rehabilitation, to resentence a defendant under Senate Bill No. 1393. |
Criminal Law and Procedure |
|
B. Currey | Oct. 29, 2021 |
|
19-56387
|
Harris v. County of Orange
A district court properly granted summary judgment in favor of a county because plaintiff asserted a vested right for continued insurance benefits that was at odds with the prescribed law of the county. |
Contracts |
|
J. Rawlinson | Oct. 29, 2021 |
|
G059109
|
K.L. v. R.H.
Courts must consider the history of domestic violence when evaluating whether both parties were primary aggressors. |
Family Law |
|
L. Zelon | Oct. 28, 2021 |