| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
F083149
|
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 | Oct. 28, 2021 |
|
G059709
|
Protect Tustin Ranch v. City of Tustin
Substantial evidence supported a city's finding that the size of a proposed construction project qualified for the infill exemption under the California Environmental Quality Act. |
Environmental Law |
|
L. Marks | Oct. 28, 2021 |
|
14-10080
|
U.S. v. Begay
Order |
|
Oct. 28, 2021 | ||
|
A161973
|
Modification: In re J.D.
A juvenile court was required to consider whether the child had a substantial, positive, emotional attachment before terminating a mother's parental rights. |
Juveniles |
|
T. Stewart | Oct. 28, 2021 |
|
B298990
|
McMillin v. Eare
A deed, having been physically delivered to the grantee by the grantor, took effect at once and was valid without the oral conditions. |
Real Property |
|
M. Stratton | Oct. 27, 2021 |
|
C090229
|
People v. Shropshire
A defendant was entitled to apply the difference between his credits earned and his newly-reduced sentence to another term that he was serving. |
Criminal Law and Procedure |
|
E. Duarte | Oct. 27, 2021 |
|
E075886
|
People v. Jenkins
When a sentencing court's findings are made under a lower standard than reasonable doubt, they cannot preclude eligibility for relief based on the elimination of the natural and probable consequences doctrine. |
Criminal Law and Procedure |
|
F. Menetrez | Oct. 27, 2021 |
|
20-55969
|
Cohen v. ConAgra Brands, Inc.
Because preemption is an affirmative defense, defendant must establish that preemption is valid through pleadings and supporting documents. |
Consumer Law |
|
M. Bennett | Oct. 27, 2021 |
|
G057836
|
Uribe v. Crown Building Maintenance Co.
The trial court erred in approving a settlement that included Private Attorneys General Act claims that plaintiff had not filed notice of. |
Employment Law |
|
T. Goethals | Oct. 27, 2021 |
|
H049016
|
Modification: Rodriguez v. Superior Court (People)
The time between when a defendant has been certified as competent and the court's approval of that certificate does not count towards the two-year involuntary commitment limit. |
Criminal Law and Procedure |
|
A. Danner | Oct. 27, 2021 |
|
21-463
|
Whole Woman's Health v. Jackson
Order |
|
Oct. 26, 2021 | ||
|
21A99
|
Smith v. Dunn
Order |
|
Oct. 26, 2021 | ||
|
21A85
|
U.S. v. Texas
Order |
|
Oct. 26, 2021 | ||
|
E077137
|
In re Benjamin M.
An order terminating parental rights was reversed because the juvenile court and family services agency failed to comply with their duty of initial inquiry under the Indian Child Welfare Act. |
Juveniles |
|
M. Raphael | Oct. 26, 2021 |
|
D077894
|
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 | Oct. 26, 2021 |
|
A160692
|
Host International, Inc. v. City of Oakland
A business could not benefit from a tax certificate filing exception because it failed to provide information for the city's Tax Board to determine if the exception was applicable. |
Tax |
|
G. Burns | Oct. 26, 2021 |
|
E076328
|
Najarro v. Superior Court (Horizon Personnel Services, Inc.)
Arbitration clauses that waive employees' right to group or representative actions are contrary to the Private Attorneys General Act and demonstrate substantive unconscionability. |
Arbitration |
|
M. Raphael | Oct. 26, 2021 |
|
20-16469
|
CDK Global v. Brnovich
Because programmers would not necessarily engage in verbatim copying of protectable API source code, Arizona's Dealer Law did not conflict with the Copyright Act. |
Copyright |
|
E. Miller | Oct. 26, 2021 |
|
B307585
|
Starr v. Chaparro
A city erred by adopting an initiative as an ordinance rather than placing it on the ballot. |
Government |
|
A. Gilbert | Oct. 26, 2021 |
|
G059709
|
Protect Tustin Ranch v. City of Tustin
Order_and_opinion |
|
Oct. 26, 2021 | ||
|
F079877
|
Crane v. Dolihite
A plaintiff inmate was denied his right to meaningful access to the courts because official acts frustrated his attempts to complete service of process on defendant inmate. |
Civil Rights |
|
D. Franson | Oct. 25, 2021 |
|
21-35210
|
Colchester v. Lazaro
Even though the Hague Convention emphasizes expeditiousness, courts must be mindful of complaining litigant's discovery requests, especially in situations involving abuse. |
Family Law |
|
J. Rakoff | Oct. 25, 2021 |
|
A161646
|
In re M.S.
Because the expert witness did not know the stun gun's voltage, there was insufficient evidence to find that defendant's device was capable of immobilizing a person. |
Criminal Law and Procedure |
|
D. Chou | Oct. 25, 2021 |
|
A159609
|
Modification: Strobel v. Johnson & Johnson
An expert witness' opinion that relied on both inadmissible hearsay and general knowledge in the expert's field was improperly disregarded. |
Evidence |
|
J. Streeter | Oct. 25, 2021 |
|
A160560
|
Save Berkeley's Neighborhoods v. The Regents of the University of California
A developer was not an indispensable party because its interests were sufficiently aligned with the university that had commissioned the project. |
Civil Procedure |
|
S. Margulies | Oct. 25, 2021 |
|
B305810
|
Doe v. Roman Catholic Archbishop of Los Angeles
The Archdiocese owed a duty to protect a plaintiff taking classes at a Catholic church because a special relationship existed. |
Torts |
|
J. Segal | Oct. 22, 2021 |
|
A161078
|
Doe v. Damron
Specific personal jurisdiction is established where tort occurs in state even though defendant is just a visitor. |
Civil Procedure |
|
G. Burns | Oct. 22, 2021 |
|
19-50034
|
U.S. v. Tat
Fully accurate records are not false entries for a criminal charge of making a false entry in bank records, even if a check had a nexus to money laundering. |
Criminal Law and Procedure |
|
S. Graber | Oct. 22, 2021 |
|
19-99002
|
McGill v. Shinn
A post-conviction relief court reasonably concluded that defense counsel's performance was not objectively deficient in light of prevailing professional norms. |
Criminal Law and Procedure |
|
J. Bybee | Oct. 22, 2021 |
|
S171393
|
Modification: People v. McDaniel
Admission of firearm was not error when officer had reasonable suspicion observing outline of gun in passenger's pocket. |
Criminal Law and Procedure |
|
G. Liu | Oct. 22, 2021 |