| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
18-72030
|
Cui v. Garland
Because petitioner's improperly submitted motion was rejected by the clerk, it was not timely filed. |
Immigration |
|
L. VanDyke | Sep. 24, 2021 |
|
20-30001
|
U.S. v. Lizarraras-Chacon
A district court erroneously concluded that it could not consider intervening developments affecting mandatory minimum sentencing in its Federal Sentencing Statute analysis. |
Criminal Law and Procedure |
|
D. Pregerson | Sep. 24, 2021 |
|
20-15564
|
In re Volkswagen Litigation
Order |
|
Sep. 24, 2021 | ||
|
19-16920
|
Sanders v. City of Pittsburg
Because plaintiff necessarily admitted to the lawfulness of an officer's actions in his guilty plea, his excessive force claim was barred. |
Civil Rights |
|
P. Bumatay | Sep. 24, 2021 |
|
21-55395
|
LA Alliance for Human Rights v. County of Los Angeles
Because plaintiffs had no standing for discrimination claims, the district court abused its discretion in issuing an injunction against the City of Los Angeles. |
Civil Rights |
|
J. Nguyen | Sep. 24, 2021 |
|
14-99000
|
Demetrulias v. Davis
Erroneous admission of statements about the victims' character did not rise to the level of constitutional error because the challenged testimony was brief and non-inflammatory. |
Criminal Law and Procedure |
|
K. Wardlaw | Sep. 24, 2021 |
|
18-17356
|
Center for Investigative Reporting v. U.S. Dept. of Justice
The 2010 Tiahrt Amendment did not prohibit ATF from disclosing the number of weapons used in crimes that were traced back to former law enforcement ownership. |
Government |
|
K. Wardlaw | Sep. 24, 2021 |
|
B308386
|
Modification: People v. Moore
Penal Code Section 3051(h) does not violate equal protection because there is a legitimate government purpose of addressing recidivism. |
Criminal Law and Procedure |
|
E. Lui | Sep. 23, 2021 |
|
B306103
|
In re Samuel A.
The appointment of a guardian ad litem was improper where a parent obstructed proceedings but was not found to be mentally incompetent. |
Juveniles |
|
D. Perluss | Sep. 23, 2021 |
|
A159609
|
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 | Sep. 23, 2021 |
|
C087892
|
Sierra Watch v. County of Placer
Under the Brown Act, a memorandum placed in the county clerk's office is not 'available for public inspection' at a time when the clerk's office is closed. |
Government |
|
C. Blease | Sep. 23, 2021 |
|
B307951
|
People v. Chavez
An expert's testimony that the victim's leg would 'probably not' fully recover was sufficient to support a finding that the leg was permanently injured. |
Criminal Law and Procedure |
|
S. Perren | Sep. 23, 2021 |
|
19-72903
|
Alfred v. Garland
A difference in aiding and abetting mens reae between state and federal law should be considered in felony-based removal proceedings even when the crime committed did not involve aiding and abetting. |
Immigration |
|
M. England | Sep. 23, 2021 |
|
B298119
|
Schrage v. Schrage
A shareholder did not have standing to bring a cause of action for breach of fiduciary duty because he did not allege a derivative cause of action on behalf of the corporation. |
Corporations |
|
J. Segal | Sep. 23, 2021 |
|
B303519
|
Cheng v. Coastal L.B. Associates, LLC
Substantial evidence supported applying a 27 percent discount to the fair market value of an interest share of an LLC. |
Corporations |
|
V. Chavez | Sep. 23, 2021 |
|
C078249
|
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 | Sep. 23, 2021 |
|
B302739
|
DotConnectAfrica Trust v. Internet Corp. for Assigned Names and Numbers
Because plaintiff waived its right to sue in court and was declared the prevailing party in arbitration, the trial court did not abuse its discretion in applying judicial estoppel. |
Civil Procedure |
|
J. Wiley | Sep. 22, 2021 |
|
18-50440
|
U.S. v. Wilson
Viewing attachments forwarded by Google's automated child pornography detection system was an unlawful search that exceeded the private search exception. |
Criminal Law and Procedure |
|
M. Berzon | Sep. 22, 2021 |
|
18-70943
|
Li v. Garland
There was a sufficient evidence for an adverse credibility determination when an asylum applicant did not disclose a criminal charge and provided no explanation for false employment information. |
Immigration |
|
J. Wallace | Sep. 22, 2021 |
|
H048462
|
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 | Sep. 22, 2021 |
|
A155483
|
Korchemny v. Piterman
Payments for usurious interest demands are instead instantly applied to principal, and that reduction in principal can render later interest usurious. |
Contracts |
|
J. Richman | Sep. 21, 2021 |
|
18-15386
|
Lawson v. Grubhub
Because Proposition 22 does not apply retroactively, the prior ABC test applies to claims arising before it was passed. |
Civil Procedure |
|
W. Fletcher | Sep. 21, 2021 |
|
20-55420
|
Inland Empire Waterkeeper v. Corona Clay
Because a failure to provide information about pollutant discharge violations could increase the risk of harm to recreational users of a nearby river, plaintiffs had standing to bring suit. |
Environmental Law |
|
A. Hurwitz | Sep. 21, 2021 |
|
20-16419
|
Pirani v. Slack Technologies
A shareholder who had purchased shares through a direct listing had standing to sue on the grounds that the registration statement was misleading. |
Securities |
|
J. Restani | Sep. 21, 2021 |
|
B307470
|
Nede Mgmt. Inc. v. Aspen American Insurance Co.
Because plaintiffs failed to allege that an actual conflict of interest existed between them and their insurer-appointed counsel, plaintiffs were not entitled to independent counsel. |
Insurance |
|
S. Ohta | Sep. 21, 2021 |
|
E076340
|
X.M. v. Superior Court (Hesperia Unified School District)
When a plaintiff sought treble damages for alleged sexual assault by school's employee, governmental immunity to punitive damages barred plaintiff's claim. |
Government |
|
M. Slough | Sep. 20, 2021 |
|
D078049
|
Haggerty v. Thornton
Amendment to a trust was valid because the trust did not distinguish between revocation and modification, did not reject the general rule, and was not explicitly exclusive. |
probate_and_trusts |
|
P. Guerrero | Sep. 20, 2021 |
|
A150512
|
People v. Silas
A juror was improperly dismissed based on her answers to questions about the Black Lives Matter movement. |
Criminal Law and Procedure |
|
J. Humes | Sep. 20, 2021 |
|
C081843
|
Modification: People v. Roberts
Using DNA sample from defendant who was validly arrested for felony on probable cause but never formally charged does not violate constitutional rights. |
Criminal Law and Procedure |
|
W. Murray | Sep. 20, 2021 |
|
B303655
|
Guzman v. NBA Automotive, Inc.
Employee's Department of Fair Employment and Housing complaint was valid, even though it incorrectly identified employer's legal name, because other complaint information could easily identify employer. |
Employment Law |
|
J. Segal | Sep. 20, 2021 |