| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C078249
|
Modification: Central Delta Water Agency v. Dept. of Water Resources
Trial court has authority to leave as-is earlier project approvals while an agency seeks California Environmental Quality Act compliance. |
Water Rights |
|
V. Raye | Oct. 22, 2021 |
|
A159004
|
Doe v. The Regents of the University of California
Where sex was not consensual because student was clearly drunk by suspended student's own account, "Doe v. Allee" fairness procedures are not required. |
Administrative Agencies |
|
M. Miller | Oct. 21, 2021 |
|
A159023
|
Doe v. The Regents of the University of California
A university student's opportunity to cross-examine witnesses was not required to provide a fair process because he admitted to the truth of the essential factual allegations. |
Administrative Agencies |
|
M. Miller | Oct. 21, 2021 |
|
20-35582
|
Yu v. Idaho State University
In a racial discrimination lawsuit, the district court's remark regarding expert witness' "aversion racism" theory was not legal error. |
Civil Rights |
|
R. Gould | Oct. 21, 2021 |
|
20-55634
|
Fraihat v. U.S. Immigration and Customs Enforcement
Because ICE's directives and mandates included protecting immigration detainees from COVID-19, plaintiffs were unable to establish that ICE acted with a deliberate indifference to detainee's medical needs. |
Immigration |
|
D. Bress | Oct. 21, 2021 |
|
20-15539
|
McKinney-Drobnis v. Oreshack
The trial court erred in finding that vouchers offered as part of a class-action settlement were not "coupons" under the Class Action Fairness Act. |
Civil Procedure |
|
E. Miller | Oct. 21, 2021 |
|
H047281
|
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 | Oct. 21, 2021 |
|
H049016
|
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. 21, 2021 |
|
B312411
|
Patterson v. Superior Court (Charter Communications)
In a Fair Employment and House Act claim, an arbitration agreement cannot award attorney fees to a defendant without a showing that the claim was frivolous. |
Employment Law |
|
D. Perluss | Oct. 20, 2021 |
|
C091253
|
Williams v. RGIS, LLC
Employee agreements containing an arbitration agreement that waived Private Attorney General Act representative actions are unenforceable and are contrary to public policy. |
Labor Law |
|
E. Duarte | Oct. 20, 2021 |
|
D077859
|
People v. Dominguez
A petition for resentencing based on changes to felony murder law does not allow an inmate to relitigate factual issues decided against him. |
Criminal Law and Procedure |
|
R. Huffman | Oct. 20, 2021 |
|
B307000
|
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. 20, 2021 |
|
A161193
|
Moreci v. Scaffold Solutions, Inc.
Under the general standing rules requiring some sort of confidential or fiduciary relationship, a trial court correctly determined a party lacked standing to move to disqualify counsel. |
Attorneys |
|
J. Richman | Oct. 20, 2021 |
|
21-70685
|
In re Walsh
Mandamus relief was denied because a district court did not commit clear error when it ordered the Secretary of Labor to reveal the identities of informant witnesses by a specified date. |
Civil Procedure |
|
J. Wallace | Oct. 20, 2021 |
|
A158195
|
Modification: Mt. Diablo Unified School Dist. v. Clayton Valley Charter High School
A school district cannot charge a charter school a pro rata share of overall district 'facilities costs' if the charter school already pays for those costs for its own premises. |
Education |
|
S. Pollak | Oct. 20, 2021 |
|
B310319
|
In re Cole L.
A juvenile court's findings were improper because substantial evidence did not support the finding of juvenile jurisdiction. |
Juveniles |
|
D. Perluss | Oct. 20, 2021 |
|
A158830
|
Crestwood Behavioral Health v. Lacy
Arbitration agreement did not supplant Labor Commissioner's ability to investigate employee's employment violation complaints against former employer. |
Labor Law |
|
D. Chou | Oct. 20, 2021 |
|
C092584
|
Modification: Li v. Superior Court (Medical Board of California)
A trial court must account for the standard of proof in the underlying administrative proceeding when exercising its independent judgment. |
Administrative Agencies |
|
R. Robie | Oct. 20, 2021 |
|
C093153
|
Modification: In re Marti
A case was not moot when the court could afford an inmate relief because the disciplinary finding at issue could be considered in future adjudications. |
Criminal Law and Procedure |
|
Oct. 20, 2021 | |
|
19-60065
|
In re Hutchinson
Even if tax lien could have been avoidable by bankruptcy trustee under Bankruptcy Code Section 724(a), Section 522(h) cannot be used to avoid properly filed tax liens. |
Bankruptcy |
|
D. Collins | Oct. 20, 2021 |
|
20-60044
|
In re Stevens
Under Bankruptcy Code Section 554(c), for properties to be deemed abandoned, they must be first literally scheduled under Section 521(a). |
Bankruptcy |
|
R. Nelson | Oct. 20, 2021 |
|
20-16905
|
Miranda v. City of Casa Grande
Even if a police officer lied during administrative proceedings, there was no due process violation because plaintiff was granted a second administrative hearing that voided his license suspension. |
Civil Rights |
|
D. Bress | Oct. 20, 2021 |
|
B310566
|
In re Y.W.
Because the Department of Children and Family Services omitted information about a grandmother's tribal ancestry, notice to the Tribes was not adequate under the Indian Child Welfare Act. |
Juveniles |
|
J. Segal | Oct. 20, 2021 |
|
A159790
|
SEIU-USWW v. Preferred Building Services, Inc.
In the context of the Displaced Janitors Opportunity Act, a services contract terminated on the actual last day services were provided, rather than the later, stated date of termination. |
Labor Law |
|
M. Simons | Oct. 19, 2021 |
|
B306652
|
Morales v. Factor Surfaces LLC
A trial court did not err by allowing commission payments to be included when calculating an employee's hourly rate of pay because the employer failed to produce evidence to the contrary. |
Employment Law |
|
B. Currey | Oct. 19, 2021 |
|
20-1492
|
Abdulla v. Garland
Order |
|
Oct. 19, 2021 | ||
|
20-1631
|
Hirshfeld v. Implicit LLC
Order |
|
Oct. 19, 2021 | ||
|
20-493
|
Ysleta Del Sur Pueblo v. Texas
Order |
|
Oct. 19, 2021 | ||
|
20-7622
|
Denezpi v. U.S.
Order |
|
Oct. 19, 2021 | ||
|
20-1539
|
Rivas-Villegas v. Cortesluna
Precedent involving an unarmed suspect and a noise complaint did not create clearly established law as to defendant's response to a domestic abuse situation with an armed suspect. |
Civil Rights |
|
P. Curiam (USSC) | Oct. 19, 2021 |