| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
20-55679
|
Aya Healthcare Services v. AMN Healthcare
Non-solicitation agreement that was reasonably necessary to parties pro-competitive collaboration was subject to 'rule-of-reason' standard. |
Antitrust |
|
M. Smith | Aug. 20, 2021 |
|
S250149
|
Skidgel v. California Unemployment Insurance Appeals Board
In-Home Supportive Services caregivers who provide services to family members are not eligible for unemployment insurance benefits. |
Employment Law |
|
M. Jenkins | Aug. 20, 2021 |
|
S247677
|
Gonzalez v. Mathis
Landowners owe no duty to independent contractors or its workers to remedy or adopt other measures to protect them against known hazards on premises. |
Torts |
|
J. Groban | Aug. 20, 2021 |
|
F081389
|
Los Angeles Dept. of Water and Power v. County of Inyo
Adequate notice that California Environmental Quality Act exemption will be considered is required for issue exhaustion requirement to apply. |
Environmental Law |
|
D. Franson | Aug. 19, 2021 |
|
B305584
|
Marriage of Ramsey and Holmes
Where it is undisputed that there is community property interest in real property, both spouses are obligated to ensure that family court has information necessary to determine that interest. |
Family Law |
|
T. Willhite | Aug. 19, 2021 |
|
D076869
|
Taylor v. Financial Casualty & Surety
Surety did not have requisite control over plaintiffs' fugitive recovery work, and thus it was not their employer. |
Labor Law |
|
T. O'Rourke | Aug. 19, 2021 |
|
F080837
|
People v. Perez
Superior court has discretionary authority, after considering totality of circumstances, to deem to Penal Code Section 1473.7 motion timely even if moving party did not act with reasonable diligence. |
Criminal Law and Procedure |
|
D. Franson | Aug. 19, 2021 |
|
H048280
|
People v. McClure
Penal Code Section 1170.95 resentencing relief does not apply to individuals charged with murder but convicted by plea of voluntary manslaughter. |
Criminal Law and Procedure |
|
P. Bamattre-Manoukian | Aug. 19, 2021 |
|
H047748
|
People v. Czirban
Statutory changes to Penal Code Section 1203.1(a) allowed defendant's three year probationary term to be reduced to two years. |
Criminal Law and Procedure |
|
A. Danner | Aug. 19, 2021 |
|
D076318
|
Turner v. Victoria
Corporations Code Section 5710(b) requires continuous membership in nonprofit public benefit corporation to bring derivative action. |
Corporations |
|
J. Irion | Aug. 19, 2021 |
|
20-15386
|
Student A v. San Francisco Unified School District
Prior to filing lawsuit under Individuals with Disabilities Education Act, plaintiffs must exhaust administrative remedies. |
Disability Discrimination |
|
M. Schroeder | Aug. 19, 2021 |
|
18-72922
|
Lopez-Marroquin v. Garland
Vehicle theft under California Vehicle Code Section 10851(a) is indivisible in its treatment of accessories after the fact, and therefore, is not an aggravated felony theft offense. |
Immigration |
|
J. Nguyen | Aug. 19, 2021 |
|
18-15498
|
Ford v. Peery
Order |
|
Aug. 19, 2021 | ||
|
A158391
|
Gallano v. Burlington Coat Factory of California, LLC
Plaintiff established probability of prevailing on her Labor Code Section 2802 claim sufficient to survive defendant's anti-SLAPP motion. |
Anti-SLAPP |
|
G. Sanchez | Aug. 18, 2021 |
|
A161417
|
In re I.S.
Juvenile court must provide notice and opportunity to be heard before modifying prior order. |
Juveniles |
|
J. Richman | Aug. 18, 2021 |
|
B302754
|
Nixon v. AmeriHome Mortgage Co., LLC
Interpreting California choice-of-law provision in agreement as evidencing parties' intent to apply Labor Code Section 229 to arbitration provision departs from common sense. |
Arbitration |
|
D. Perluss | Aug. 18, 2021 |
|
B306011
|
Modification: Qaadir v. Figueroa
Plaintiff was required to show that medical bills were actually incurred before court admitted those bills as evidence, but error was harmless because jury's award fell within experts' valuations. |
Remedies |
|
S. Ohta | Aug. 18, 2021 |
|
19-10228
|
U.S. v. Ferguson
Assuming magistrate judge committed Federal Rule of Criminal Procedure 11 violation, defendant failed to show effect on his substantial rights. |
Criminal Law and Procedure |
|
P. Bumatay | Aug. 18, 2021 |
|
20-70238
|
Sharma v. Garland
Police ruining petitioner's business by stealing files and informing clients not to pay back their loans did not rise to level of past persecution. |
Immigration |
|
D. Bress | Aug. 18, 2021 |
|
19-55807
|
Allison v. Tinder
Settlements that occur before class certification are subject to high procedural standards. |
Civil Procedure |
|
J. Rakoff | Aug. 18, 2021 |
|
20-55579
|
Herring Networks v. Maddow
Exaggerated statement, cushioned within undisputed news story could not reasonably be understood to imply assertion of objective fact in order to amount to defamation. |
Anti-SLAPP |
|
M. Smith | Aug. 18, 2021 |
|
20-71839
|
Villalobos Sura v. Garland
Arrest warrant and Red Notice, combined with incredibility of petitioner's testimony, established requisite probable cause that petitioner committed four murders; thus, he was ineligible for withholding of removal. |
Immigration |
|
R. Nelson | Aug. 18, 2021 |
|
G060133
|
Modification: People v. Lapenias
Trial court erred when it allowed expert testimony that it is 'rare' for children to make false allegations of sexual abuse, but error was harmless. |
Criminal Law and Procedure |
|
E. Moore | Aug. 18, 2021 |
|
A160659
|
Modification: City and County of San Francisco v. All Persons Interested in the Matter of Proposition G
Supermajority requirement does not apply to citizens' initiatives. |
statutory_interpretation |
|
A. Tucher | Aug. 18, 2021 |
|
21A8
|
Chrysafis v. Marks
Order |
|
Aug. 17, 2021 | ||
|
B297023
|
Modification: Zuniga v. Alexandria Care Center, LLC
Trial court erred in rejecting expert testimony simply because it was based on inadmissible evidence, without further consideration of reliability of data used, and error was prejudicial. |
Evidence |
|
D. Perluss | Aug. 17, 2021 |
|
18-30238
|
U.S. v. Prigan
Hobbs Act robbery is not crime of violence under United States Sentencing Guidelines Section 4B1.2(a). |
Criminal Law and Procedure |
|
M. Murguia | Aug. 17, 2021 |
|
19-35469
|
Sackett v. U.S. Environmental Protection Agency
Property that was adjacent to jurisdictional tributary and that, together with similarly situated wetlands complex, had significant nexus to Priest Lake, was regulable under Clean Water Act. |
Environmental Law |
|
M. Friedland | Aug. 17, 2021 |
|
17-56610
|
Quintero Perez v. U.S.
National security factor counseled against extending 'Bivens' to claim against border patrol agent. |
Civil Rights |
|
M. McKeown | Aug. 17, 2021 |
|
19-70177
|
Flores-Rodriguez v. Garland
No notice of an alleged false claim of citizenship, a central issue during a hearing, violated due process. |
Immigration |
|
R. Gould | Aug. 17, 2021 |