| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A153521
|
Duncan v. Kihagi
Complaints from other tenants were not considered character evidence regarding the landlord because they countered attempts to depict plaintiff as an overly sensitive tenant. |
Evidence |
|
J. Humes | Sep. 3, 2021 |
|
15-73085
|
Giha v. Garland
Deportee claiming derivative U.S. citizenship based on parent's naturalization is required to present more evidence of parent's dissolution than a travel authorization. |
Immigration |
|
D. Collins | Sep. 3, 2021 |
|
20-55522
|
Garcia v. City of Los Angeles
Plaintiffs were likely to succeed on their claim that the destruction of bulky items stored in a public area violated the Fourth Amendment's protection against unreasonable seizures. |
Civil Rights |
|
M. Friedland | Sep. 3, 2021 |
|
20-35393
|
Corrigan v. Haaland
Interior's Interior Board of Land Appeals properly applied the statutes establishing that a grazing preference cannot be exercised after the corresponding grazing permit is not renewed for bad behavior. |
Administrative Agencies |
|
P. Friedman | Sep. 3, 2021 |
|
20-70147
|
Martin v. Sundial Marine Tug & Barge Works
Under the Longshore and Harbor Workers' Compensation Act, Section 910(a) can 'reasonably and fairly' be applied even when a five-day worker works more than 260 days. |
Administrative Agencies |
|
A. Hurwitz | Sep. 3, 2021 |
|
S256914
|
Modification: In re Friend
Proposition 66's new restrictions on presentation of habeas corpus claims in 'successive' petitions apply only to those claims that were or could have been raised in earlier petition, not on newly available claims. |
Criminal Law and Procedure |
|
L. Kruger | Sep. 3, 2021 |
|
21A24
|
Whole Woman's Health v. Jackson
Order |
|
Sep. 3, 2021 | ||
|
G058474
|
Ashby v. Ashby
In domestic violence restraining order context, challenging sufficiency of evidence requires setting forth, discussing and analyzing both favorable and unfavorable evidence. |
Family Law |
|
K. O'Leary | Sep. 2, 2021 |
|
F080403
|
Pearce v. Briggs
Because a will's operative language did not reflect an unequivocal intent to irrevocably sever a joint tenancy, the joint tenancy interest was not severed. |
probate_and_trusts |
|
M. Smith | Sep. 2, 2021 |
|
A154032
|
In re Moore
Defendant's age is a relevant factor in determining whether defendant acted with reckless indifference to human life. |
Criminal Law and Procedure |
|
D. Chou | Sep. 2, 2021 |
|
19-36075
|
Landis v. Wash. State MLB Stadium Pub. Facilities Dist.
Because district court did not analyze second 'Accessible Stadiums' requirement, its decision concluding that stadium satisfied Americans with Disabilities Act was vacated. |
Disability Discrimination |
|
D. Forrest | Sep. 2, 2021 |
|
19-70506
|
Rodriguez-Ramirez v. Garland
Several inconsistencies in asylum applicant's testimony directly regarding his claim of persecution supported an adverse credibility determination. |
Immigration |
|
P. Curiam (9th Cir.) | Sep. 2, 2021 |
|
A161687
|
In re Murray
No equal protection violation in affording juvenile life without parole offenders a youth offender hearing but denying such a hearing to youthful (18 to 25) offenders. |
Civil Rights |
|
J. Richman | Sep. 2, 2021 |
|
20-60043
|
In re Nichols
Bankruptcy courts are prohibited from invoking equitable considerations to contravene 11 U.S.C. Section 1307(b)'s express language conferring upon Chapter 13 debtors absolute right to dismiss their case. |
Bankruptcy |
|
D. O'Scannlain | Sep. 2, 2021 |
|
C091399
|
Wolstoncroft v. County of Yolo
Reverse validation proceedings may be subject to equitable tolling by parties' agreement. |
Civil Procedure |
|
A. Hoch | Sep. 1, 2021 |
|
C092293
|
City of Chico v. Superior Court
Government Code Section 831.2 provided governmental immunity to city when 130-year-old tree's branch that predated city's park fell on plaintiff. |
Immunity |
|
W. Murray | Sep. 1, 2021 |
|
A159679
|
People v. Rodriguez
Penal Code Section 1473.7 does not bar defendants from moving to vacate a past conviction at a time when they are in custody for another, unrelated conviction. |
Criminal Law and Procedure |
|
T. Stewart | Sep. 1, 2021 |
|
A159148
|
Swenberg v. Dmarcian
Foreign defendant purposefully availed himself to California when he presented himself as a leader of a California corporation and participated in business phone calls regarding day-to-day operations in California. |
Civil Procedure |
|
J. Kline | Sep. 1, 2021 |
|
B308826
|
Wasito v. Kazali
Labor Code Sections 206 and 206.5 preclude Code of Civil Procedure Section 998 offer that resolves disputed wage claims if there are undisputed wages due at time of offer. |
Labor Law |
|
M. Tangeman | Sep. 1, 2021 |
|
G057950
|
Green v. Healthcare Services, Inc.
Because jury found that treatment facility was negligent and its negligence was a cause of patient's suicide, court did not err in not instructing jury on superseding cause defense. |
Torts |
|
K. O'Leary | Sep. 1, 2021 |
|
B310336
|
People v. Saxton
Defendant who was convicted of both misdemeanor exempt from Assembly Bill 1950's probation term limits and nonexempt felony can be ordered to serve term of formal probation specified by exempt misdemeanor. |
Criminal Law and Procedure |
|
M. Tangeman | Sep. 1, 2021 |
|
C091011
|
Wang v. City of Sacramento Police Dept.
Government Code Section 53069.4 appeal is available where the amount in controversy exceeds $25,000. |
statutory_interpretation |
|
J. Renner | Sep. 1, 2021 |
|
G059069
|
Amjadi v. Brown
Attorney may not settle client's case over client's objection and any provision of retainer agreement purporting to give attorney such authority is void. |
Attorneys |
|
D. Thompson | Sep. 1, 2021 |
|
19-16793
|
Gov't of Guam v. Guerrero
District court did not err in applying the presumption of regularity where original certificates had been lost, but other internal records suggested that certificates of assessment had been timely issued. |
Tax |
|
J. Wallace | Sep. 1, 2021 |
|
20-35582
|
Yu v. Idaho State University
Because an international doctoral student had received numerous negative evaluations, University did not act with unconscious racial bias when it dismissed him from his program. |
Civil Rights |
|
R. Gould | Sep. 1, 2021 |
|
H047985
|
Rozanova v. Uribe
Photocopies of exhibits for a vexatious litigant motion are recoverable under Code of Civil Procedure Section 1033.5(a). |
Civil Procedure |
|
A. Danner | Sep. 1, 2021 |
|
A161079
|
Reddish v. Westamerica Bank
Because defendant might ultimately recover costs as a prevailing party, an order requiring the parties to split deposition costs was not appealable before a final judgment. |
Civil Procedure |
|
G. Burns | Aug. 31, 2021 |
|
C089953
|
Olson v. Hornbrook Community Services District
State Water Resources Control Board, not the court, should decide issues pertaining to operator certification. |
Administrative Agencies |
|
R. Robie | Aug. 31, 2021 |
|
C083772
|
Modification: People v. Wilson
Unlawful and forcible entry into residence is predicate to application of Home Protection Bill of Rights presumption, and porch is not within residence. |
Criminal Law and Procedure |
|
W. Murray | Aug. 31, 2021 |
|
D076923
|
Modification: Kim v. R Consulting & Sales, Inc.
Contempt proceedings cannot form basis of malicious prosecution cause of action because contempt is a subsidiary procedural action; thus, anti-SLAPP motion was properly granted. |
Anti-SLAPP |
|
R. Huffman | Aug. 31, 2021 |