| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
20-1668
|
City of Tahlequah v. Bond
Precedential decisions dismissing qualified immunity must be clearly established and so well-defined so that reasonable officers would know their conduct is unlawful based on the circumstances they are in. |
Civil Rights |
|
P. Curiam (USSC) | Oct. 19, 2021 |
|
21-35242
|
S.C. v. Lincoln County School District
A district court erroneously interpreted an administrative law judge's order regarding the Individuals with Disabilities Education Act. |
Education |
|
J. Rakoff | Oct. 19, 2021 |
|
20-1738
|
Yellen v. House of Representatives
Order |
|
Oct. 18, 2021 | ||
|
20-7609
|
King v. U.S.
Order |
|
Oct. 18, 2021 | ||
|
21-5017
|
Mondragon Garcia v. U.S.
Order |
|
Oct. 18, 2021 | ||
|
21-5046
|
Wilkins v. U.S.
Order |
|
Oct. 18, 2021 | ||
|
H044023
|
Modification: People v. Sumagang
Statements made post Miranda warning are excludable when facts support conclusion that questioning was one interrogation with a Miranda warning sandwiched in between. |
Criminal Law and Procedure |
|
M. Greenwood | Oct. 18, 2021 |
|
B304655
|
Wertheim, LLC v. Currency Corp.
Where attorneys' untimeliness in pursuing a motion causes more fees, postjudgment attorneys' fees are unnecessary and unmerited. |
Attorneys |
|
V. Chaney | Oct. 18, 2021 |
|
C089534
|
Janney v. CSAA Insurance Exchange
Because an insured was entitled to the lowest of three calculations, disputed facts related to a higher calculation were immaterial. |
Insurance |
|
A. Hoch | Oct. 18, 2021 |
|
D078852
|
The Travelers Indemnity Co. v. Navigators Specialty Insurance Co.
A trial court erroneously treated a legal allegation as a factual allegation for the purposes of a demurrer. |
Insurance |
|
J. Irion | Oct. 18, 2021 |
|
A158648
|
Gray v. Dignity Health
It is not unfair for hospitals to not disclose a billing that included an emergency room charge prior to providing emergency medical treatment. |
Health Care |
|
K. Banke | Oct. 15, 2021 |
|
C088045
|
People v. Kaihea
Gang-related evidence may be considered when determining if defendant killed in self-defense or heat of passion. |
Criminal Law and Procedure |
|
W. Murray | Oct. 15, 2021 |
|
D078112
|
Weeden v. Hoffman
In the context of protected activity, the litigation privilege defense can be raised against tort claims, but not breach of contract claims. |
Anti-SLAPP |
|
C. Aaron | Oct. 15, 2021 |
|
F079081
|
People v. Contreras
A trial court did not abuse its discretion in ordering a defendant to register as a sex offender because it was not required to explicitly find that the defendant was likely to reoffend. |
Criminal Law and Procedure |
|
M. Snauffer | Oct. 15, 2021 |
|
20-60046
|
In re: Berkovich
Debtor's state tax debts were nondischargeable because he failed to inform the California Franchise Tax Board of changes to his federal tax assessments. |
Bankruptcy |
|
C. Breyer | Oct. 15, 2021 |
|
S263588
|
Modification: Walker v. Superior Court (People)
Admission of hearsay evidence regarding nonpredicate offenses via expert evaluations at Sexually Violent Predator Act probable cause hearing prejudiced defendant. |
Criminal Law and Procedure |
|
M. Cuéllar | Oct. 15, 2021 |
|
D078848
|
People v. Smith
A trial court did not err in failing to instruct the jury sua sponte on a lesser included offense because no reasonably jury could conclude that the defendant was guilty of the lesser, but not the greater offense. |
Criminal Law and Procedure |
|
C. Aaron | Oct. 15, 2021 |
|
B308889
|
Mitchell v. Twin Galaxies
Donkey Kong record holder provided sufficient evidence for his defamation claim to survive an anti-SLAPP motion. |
Anti-SLAPP |
|
S. Ohta | Oct. 14, 2021 |
|
H048462
|
Modification: People v. Brown
Rejecting the prior rule, a trial court has the authority to deny a continuance lacking good cause even if the denial may foreseeably result in a dismissal of the case. |
Criminal Law and Procedure |
|
A. Danner | Oct. 14, 2021 |
|
A160973
|
People v. Sands
Because the legislature had a rational basis to allow parole to certain youthful offenders, but not others, Penal Code Section 3051 did not violate the Equal Protection Clause. |
Criminal Law and Procedure |
|
G. Burns | Oct. 14, 2021 |
|
H045791
|
Chevron U.S.A. v. County of Monterey
A trial court did not err in striking down local ordinances banning land uses in support of new oil and gas wells and wastewater injection because they were preempted by state law. |
Constitutional Law |
|
F. Elia | Oct. 14, 2021 |
|
G059110
|
People v. Jenkins
A Kelly Blue Book website's valuation of a vehicle was admissible evidence for purposes of proving the vehicle's worth exceeded $950 because it is a published compilation. |
Evidence |
|
K. O'Leary | Oct. 14, 2021 |
|
18-10004
|
U.S. v. Goodall
A plea agreement that waived appeal, made knowingly and voluntarily, is still valid even if case law decided after the agreement could have changed conditions of the agreement. |
Criminal Law and Procedure |
|
K. Lee | Oct. 14, 2021 |
|
20-1247
|
In re: Frank Lane Italiane Jr. and Alicia Italiane
An admission of individual facts was not a prerequisite to giving a stipulated judgment preclusive effect. |
Bankruptcy |
|
G. Spraker | Oct. 13, 2021 |
|
D077568
|
McCann v. City of San Diego
The City of San Diego erred when it did not consider whether new projects were consistent with its own Climate Action Plan. |
Environmental Law |
|
J. Haller | Oct. 12, 2021 |
|
E075064
|
People v. Montes
A juvenile resentencing hearing, although it ultimately resulted in the same sentence, vacated the earlier judgment and entitled defendant to a juvenile transfer hearing. |
Criminal Law and Procedure |
|
A. McKinster | Oct. 11, 2021 |
|
18-30183
|
U.S. v. Yates
Because there is no cognizable property interest in the right to accurate information, the defendants could not be convicted for conspiracy to commit bank fraud. |
Criminal Law and Procedure |
|
E. Miller | Oct. 11, 2021 |
|
E072892
|
Carrasco v. State Personnel Board (Dept. of Corrections and Rehabilitation)
A probationary government employee may be rejected for a single substantiated reason. |
Employment Law |
|
A. McKinster | Oct. 11, 2021 |
|
C089569
|
People v. Flores
Juror declarations about statements made during deliberation were admissible because they showed information that was available to the jury rather than any juror's subjective decision-making process. |
Criminal Law and Procedure |
|
R. Robie | Oct. 11, 2021 |
|
C092584
|
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. 8, 2021 |