| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
19-16815
|
Nunes v. Arata Swingle Van Egmond & Goodwin
Qualified immunity was granted because 'Gonzalez v. Spencer' did not clearly establish constitutional privacy right in juvenile records. |
Civil Rights |
|
P. Curiam (9th Cir.) | Dec. 30, 2020 |
|
S254599
|
In re Gadlin
Department of Corrections and Rehabilitation regulations excluding from nonviolent offender parole consideration inmates previously convicted or currently convicted of any registerable sex offense conflicts with Proposition 57. |
Criminal Law and Procedure |
|
T. Cantil-Sakauye | Dec. 29, 2020 |
|
S258143
|
People v. Moses
To violate the human trafficking statute as an attempt, defendant must intend to induce a minor, but the target of that inducement need not be an actual minor. |
Criminal Law and Procedure |
|
C. Corrigan | Dec. 29, 2020 |
|
D076263
|
Burgess v. Coronado Unified School District
News outlet's intervention led to release of only insignificant, insubstantial records, which did not warrant an award of attorney's fees. |
Civil Procedure |
|
W. Dato | Dec. 29, 2020 |
|
G057643
|
Menges v. Dept. of Transportation
Trial court properly granted Caltrans' motion for summary judgment based upon design immunity. |
Administrative Agencies |
|
K. O'Leary | Dec. 29, 2020 |
|
20-55445
|
Gish v. Newsom
Order |
|
Dec. 29, 2020 | ||
|
20-15531
|
Ashe v. Saul
Plaintiff made sufficient 'reasonable showing' to rebut presumption that notice was received five days after Social Security Administration Appeals Council's decision affirming denial of disability benefits. |
Administrative Agencies |
|
J. Nguyen | Dec. 29, 2020 |
|
S255262
|
Sass v. Cohen
Plaintiff seeking accounting action must plead specific dollar amount to support default judgment granting monetary relief. |
Civil Procedure |
|
T. Cantil-Sakauye | Dec. 28, 2020 |
|
B304097
|
In re M.C.
'Brady/Johnson' motion to review officer's personnel file was denied because appellant failed to state how officer's file had relevant 'Brady' material and defense theory did not concern potential officer misconduct. |
Criminal Law and Procedure |
|
K. Yegan | Dec. 28, 2020 |
|
B304063
|
Modification: In re A.G.
Substantial evidence supported juvenile court's conclusions that defendant intended his post on Snapchat of realistic looking replica gun to be understood as a threat. |
Juveniles |
|
B. Currey | Dec. 28, 2020 |
|
E072782
|
People v. Bravo
Trial court did not abuse its discretion in discrediting defendant's declaration that at the time he executed his plea agreement he was not admonished of future immigration consequences of his plea. |
Criminal Law and Procedure |
|
M. Ramirez | Dec. 28, 2020 |
|
20-56358
|
South Bay United Pentecostal Church v. Newsom
Order |
|
Dec. 28, 2020 | ||
|
20-56357
|
Harvest Rock Church, Inc. v. Newsom
Order |
|
Dec. 28, 2020 | ||
|
F079904
|
Modification: Sierra Club v. County of Fresno
Partial certification of environmental impact report was rejected because an EIR is either completed in compliance with California Environmental Quality Act or it is not so completed. |
statutory_interpretation |
|
D. Franson | Dec. 24, 2020 |
|
C084032
|
Capra v. Capra
Trial court erred by concluding that probate court had 'exclusive jurisdiction' under Probate Code Section 17000 over plaintiff's wrongful ownership claim. |
probate_and_trusts |
|
H. Hull | Dec. 24, 2020 |
|
A158728
|
State of Cal. ex rel. Edelweiss v. JP Morgan Chase
Trial court properly dismissed plaintiff's second amended complaint for failure to timely serve respondents because plaintiff's extended period of sealing could not be considered a cause beyond plaintiff's control. |
Civil Procedure |
|
A. Tucher | Dec. 24, 2020 |
|
A158988
|
People v. Brooks
Defendant's petition for resentencing under Penal Code Section 1170.91(b)(1) was properly denied because defendant agreed to specific term of years in plea bargain and court cannot modify those terms. |
Criminal Law and Procedure |
|
J. Streeter | Dec. 24, 2020 |
|
E074939
|
People v. Scott
Defendant's petition to vacate his attempted murder conviction was dismissed because his appellate counsel's brief raised no issues and Penal Code Section 1170.95 only applies to murder convictions. |
Criminal Law and Procedure |
|
M. Raphael | Dec. 24, 2020 |
|
B293672
|
Ko v. Maxim Healthcare Services, Inc.
Parents' virtual presence during their son's abuse through real-time audiovisual connection satisfied requirement in 'Thing v. La Chusa' of contemporaneous presence for bystander negligent infliction of emotional distress liability. |
Torts |
|
G. Feuer | Dec. 24, 2020 |
|
B299025
|
State of California v. Pain Management Specialist Medical Group
Insurance company's qui tam action against surgical center was not subject to arbitration because it was brought on behalf of the state, which was not a party to their contract. |
Arbitration |
|
A. Gilbert | Dec. 23, 2020 |
|
C085463
|
Rojas-Cifuentes v. Superior Court (American Modular Systems)
Trial court erred in granting respondent's motion for summary adjudication because petitioner's Private Attorneys General Act notice supplied sufficient facts and theories to support his claims. |
Labor Law |
|
C. Blease | Dec. 23, 2020 |
|
E070210
|
Conservatorship of Navarrete
Trial court did not have authority to order disabled adult conservatee to attend joint therapy sessions with her estranged father against her will. |
Conservatorship |
|
M. Slough | Dec. 23, 2020 |
|
B295434
|
Modification: Trenk v. Soheili
Trial court properly canceled deed of trust on home owned by defendants as joint tenants because defendant's wife did not execute the deed. |
Real Property |
|
E. Lui | Dec. 23, 2020 |
|
19-35008
|
Amended Opinion: NAEC v. USDOI
National Environmental Policy Act provides reasonable notice that intended scope encompassed actual future lease sales. |
Environmental Law |
|
Dec. 23, 2020 | |
|
B302348
|
State Farm General Insurance Co. v. Oetiker, Inc.
As applied to nonbuilders, Right to Repair Act's 10-year statute of repose does not cover claims based on strict liability and breach of implied warranty. |
statutory_interpretation |
|
M. Tangeman | Dec. 22, 2020 |
|
G058436
|
11 Lagunita, LLC v. California Coastal Commission
There was no abuse of discretion in California Coastal Commission's $1 million administrative penalty against plaintiffs for violating Coastal Development Permit. |
Administrative Agencies |
|
E. Moore | Dec. 22, 2020 |
|
B296830
|
Waterwood Enterprises, LLC v. City of Long Beach
Trial court abused its discretion in finding that defendant--who lost the only cause of action in the case-- was the prevailing party. |
Contracts |
|
H. Bendix | Dec. 22, 2020 |
|
H047951
|
In re A.G.
When considering terminating parental rights, juvenile court should exercise caution before denying parent a contested hearing and should construe parent's offer of proof liberally. |
Dependency |
|
P. Bamattre-Manoukian | Dec. 22, 2020 |
|
B295434
|
Trenk v. Soheili
Trial court properly canceled deed of trust on home owned by defendants as joint tenants because defendant's wife did not execute the deed. |
Real Property |
|
E. Lui | Dec. 22, 2020 |
|
20-10317
|
U.S. v. Al-Nouri
Order |
|
Dec. 22, 2020 |