| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B309423
|
LeBrun v. CBS Studios Inc.
California-based television producer's alleged fraudulent misrepresentations were made in Louisiana and his conduct in California in producing show was not independently wrongful; thus, case time-barred by Louisiana statute of limitations. |
Civil Procedure |
|
T. Willhite | Aug. 26, 2021 |
|
E074341
|
Brown v. Montage at Mission Hills, Inc.
Civil Code Section 4740 exempts common interest development property owners from rental restrictions not in place at time of property's purchase. |
Real Property |
|
M. Raphael | Aug. 25, 2021 |
|
B303978
|
Finato v. Keith A. Fink & Associates
Second anti-SLAPP motion relying on the law of the case was appropriate procedural vehicle to challenge paragraphs in amended complaint that were previously struck by appellate court. |
Anti-SLAPP |
|
H. Bendix | Aug. 25, 2021 |
|
D078004
|
People v. Wilkins
Senate Bill No. 1437 neither repealed the felony-murder special circumstance statute in practice nor amended any voter-approved initiative. |
Criminal Law and Procedure |
|
J. McConnell | Aug. 25, 2021 |
|
B308627
|
Modification: People v. Nolasco
No equal protection violation in differential treatment of recommitment orders' end dates for those with mental illnesses versus those with developmental disabilities. |
Constitutional Law |
|
B. Hoffstadt | Aug. 25, 2021 |
|
19-56111
|
Payan v. Los Angeles Community College District
Plaintiffs' claims that included denial of specific individual accommodations were subject to evaluation under 'failure to accommodate framework.' |
Disability Discrimination |
|
R. Tallman | Aug. 25, 2021 |
|
20-35224
|
Native Village of Nuiqsut v. Bureau of Land Management
'Capable of repetition, yet evading review' exception to mootness did not apply where multitude of new circumstances rendered case moot. |
Environmental Law |
|
M. Smith | Aug. 25, 2021 |
|
20-15419
|
Steinle v. U.S.
Several intervening acts preceding fatal incident were too remote to establish proximate causation. |
Torts |
|
S. Graber | Aug. 25, 2021 |
|
20-35205
|
BNSF Railway Company v. Columbia River Gorge Commission
Local county code is not exempt from preemption under Interstate Commerce Commission Termination Act. |
Civil Procedure |
|
J. Bybee | Aug. 25, 2021 |
|
C081843
|
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 | Aug. 24, 2021 |
|
E076330
|
In re N.F.
Changes in housing and employment could not support Welfare and Institutions Code Section 388 petition without showing that substance abuse problem had materially changed. |
Juveniles |
|
F. Menetrez | Aug. 24, 2021 |
|
S178669
|
People v. Wycoff
Expert psychologist's report was substantial evidence of defendant's mental incompetence, requiring the court to initiate competency procedures set forth in Penal Code Sections 1368 and 1369. |
Criminal Law and Procedure |
|
M. Jenkins | Aug. 24, 2021 |
|
20-15506
|
Southwest Fair Housing Council v. Maricopa Domestic Water Improvement District
Increasing refundable security deposit required of new public housing customers before providing water services served legitimate business interest of preventing delinquent accounts. |
Civil Rights |
|
C. Bea | Aug. 24, 2021 |
|
20-55177
|
Aguirre v. U.S. Nuclear Regulatory Commission
Although agency's response to Freedom of Information Act request was tardy, requestor must exhaust administrative remedies so long as agency properly responds before suit is filed. |
Administrative Agencies |
|
C. Callahan | Aug. 24, 2021 |
|
20-15656
|
Ohlson v. Brady
Government was entitled to qualified immunity in plaintiff's action alleging that his government employer violated his First Amendment rights by disciplining him for protected speech. |
Civil Rights |
|
M. Schroeder | Aug. 24, 2021 |
|
17-55844
|
Flo & Eddie, Inc. v. Sirius XM Radio, Inc.
District court erred in concluding that 'exclusive ownership' under California Civil Code Section 980(a)(2) included the right of public performance. |
Copyright |
|
K. Lee | Aug. 24, 2021 |
|
17-17244
|
Ramirez v. Trans Union
Order |
|
Aug. 24, 2021 | ||
|
D076916
|
People v. Mumin
Evidence supported jury instruction on kill zone theory of attempted murder liability. |
Criminal Law and Procedure |
|
P. Guerrero | Aug. 23, 2021 |
|
B305790
|
Modification: Law Finance Group, LLC v. Key
100-day deadline to file petition to vacate arbitration award cannot be altered by agreement. |
Arbitration |
|
E. Lui | Aug. 23, 2021 |
|
B308687
|
People v. Tan
After defendant's conviction was vacated under Penal Code Section 1170.95 and he was released on time served with three-year parole term, Section 3000.01 limited defendant's parole term to two years. |
Criminal Law and Procedure |
|
L. Lavin | Aug. 23, 2021 |
|
B303494
|
Save our Access v. Watershed Conservation Authority
Parking deficits do not affect project's environmental review unless it has impact 'on the environment.' |
Environmental Law |
|
E. Grimes | Aug. 23, 2021 |
|
18-17159
|
Maner v. Dignity Health
Discrimination motivated by employer's 'paramour preference' is not unlawful sex discrimination under Title VII of Civil Rights Act of 1964. |
Employment Discrimination |
|
C. Bea | Aug. 23, 2021 |
|
20-30034
|
U.S. v. Bartley
Unlawful possession of firearm under 18 U.S.C. Section 922(g)(4) does not require defendant to be both mentally ill and dangerous. |
Criminal Law and Procedure |
|
A. Tashima | Aug. 23, 2021 |
|
15-70776
|
Dai v. Garland
Board of Immigration Appeals did not find petitioner's case to be persuasive and no reasonable adjudicator would be compelled to conclude otherwise. |
Immigration |
|
P. Curiam (9th Cir.) | Aug. 23, 2021 |
|
19-73312
|
Plancarte Sauceda v. Garland
Board of Immigration Appeals' rejection of petitioner's proposed particular social group of 'female nurses' on ground that nursing is not immutable characteristic was unreasonable. |
Immigration |
|
W. Fletcher | Aug. 23, 2021 |
|
20-15795
|
Jones v. Allison
CDCR officials entitled to legislative immunity because they performed legislative function when they adopted regulations directed by Article I, Section 32 of California Constitution, even if some provisions were later found void. |
Civil Rights |
|
R. Eaton | Aug. 23, 2021 |
|
A158323
|
Alameda County Waste Management Authority v. Waste Connections US, Inc. et al.
Local governments may inspect and copy landfill records without having to prove as a factual matter necessity for the records. |
Utilities |
|
T. Stewart | Aug. 20, 2021 |
|
A161425
|
In re N.B.
Terminating guardianship by Welfare and Institutions Code Section 388 petition did not amount to reversible error. |
Juveniles |
|
J. Humes | Aug. 20, 2021 |
|
G058836
|
Morris Cerullo World Evangelism v. Newport Harbor Offices etc.
Anti-SLAPP motion may not be directed to affirmative defense. |
Anti-SLAPP |
|
R. Fybel | Aug. 20, 2021 |
|
20-55768
|
Romero v. Watkins & Shepard Trucking
Federal Arbitration Act did not apply to arbitration policy, because FAA exempts workers who are engaged in interstate commerce, and that provision cannot be waived by private agreement. |
Arbitration |
|
D. Fisher | Aug. 20, 2021 |