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Name Category Published
In re John Jean Bral
Bankruptcy Code preempted state law causes of action because they arose from debtor's filing of voluntary bankruptcy petition on behalf of his company. 		Bankruptcy BAP Dec. 4, 2020
In re D.H.
Sealing juvenile records under Welfare & Institutions Code Section 786(e) is inapplicable where minor has been declared ward of the court following adjudicated hearings. 		Juveniles 4DCA/2 Dec. 4, 2020
Ventura Coastal v. Occupational Safety & Health Appeals Bd.
Plaintiff should be allowed to amend its petition for writ of mandate to allege facts supporting application of equitable tolling doctrine. 		Administrative Agencies 5DCA Dec. 4, 2020
Kwan Software Engineering, Inc. v. Hennings
Trial court abused its discretion in denying defendants' request for monetary sanctions against plaintiffs for misuse of discovery process. 		Civil Procedure 6DCA Dec. 4, 2020
Tovar v. Zuchowski
To qualify for derivative U-visa as spouse, person need not have been married to applicant when Form I-918 was filed, so long as marriage exists when applicant receives U-visa. 		Immigration 9th Dec. 4, 2020
U.S. v. Lozoya
Vennue for in- flight federal crimes is proper in landing district, not district sitting directly below plane when crime was committed. 		statutory_interpretation 9th Dec. 4, 2020
Center for Investigative Reporting v. USDOJ
Tiahrt Rider did not exempt records concerning weapon ownership by former law enforcement from disclosure under Freedom of Information Act. 		statutory_interpretation 9th Dec. 4, 2020
Modification: Prescription Opioid Cases
Rule 3.516 of California Rules of Court only permits one judicial peremptory challenge per side in Judicial Council Coordination Proceedings. 		Civil Procedure 2DCA/3 Dec. 3, 2020
Conservatorship of O.B.
Mother's testimony was sufficient evidence to support establishing limited conservatorship of her daughter despite expert testimony opining against conservatorship. 		Conservatorship 2DCA/6 Dec. 3, 2020
U.S. v. Collazo
To obtain conviction for conspiracy to distribute controlled substances, government need not prove defendant's knowledge or intent with respect to drug type and quantity. 		statutory_interpretation 9th Dec. 3, 2020
In the Matter of Garrett
Because alleged tort did not occur on navigable waters, complaint was not cognizable under district court's admiralty jurisdiction. 		Civil Procedure 9th Dec. 3, 2020
City and County of San Francisco v. USCIS
Panel preserved prior, longstanding public policy by affirming injunction against enforcing Department of Homeland Security's new definition of 'public charge.' 		Immigration 9th Dec. 3, 2020
Broidy Capital Management v. State of Qatar
District court properly dismissed plaintiff's complaint for lack of subject matter jurisdiction under Foreign Sovereign Immunities Act because tortious activity exception did not apply. 		Civil Procedure 9th Dec. 3, 2020
Bair v. California Dept. of Transportation
District court erred in finding California Department of Transportation's Environmental Assessment for proposed highway improvement within state park arbitrary and capricious. 		Environmental Law 9th Dec. 3, 2020
People v. Avila
Ruling on a 'Romero' motion requires consideration of nature and circumstance of crime actually committed, not crime that might have occurred. 		Criminal Law and Procedure 2DCA/3 Dec. 2, 2020
Center for Healthcare Education and Research v. International Congress for Joint Reconstruction
Principals seeking disgorgement of fiduciary's wrongful gains are not required to prove economic damages from the breach to recover. 		Remedies 4DCA/1 Dec. 2, 2020
People v. Griffin
One-year enhancement for prior felony conviction imposed under Penal Code Section 667.5(b) as part of plea agreement was stricken due to Senate Bill 136. 		Criminal Law and Procedure 1DCA/5 Dec. 2, 2020
Sabetian v. Exxon Mobile Corp.
Oil companies did not owe plaintiff duty of care to protect from asbestos exposure because they did not own, possess, or control Iranian facility where plaintiff worked. 		Torts 2DCA/7 Dec. 2, 2020
Wright v. Beck
Reasonable factfinder could conclude that police officer violated plaintiff's due process rights by obtaining court order to destroy his firearms without giving plaintiff notice. 		Civil Rights 9th Dec. 2, 2020
Modification: People v. Johnson
Senate Bill No. 1437 does not provide relief to defendants convicted of murder under provocative act murder doctrine. 		statutory_interpretation 2DCA/6 Dec. 2, 2020
In re Long
Defendant received ineffective assistance of counsel when counsel failed to consult time-of-death expert to rebut prosecution witness's testimony establishing a timeline. 		Criminal Law and Procedure CASC Dec. 1, 2020
People v. Turner
Defendant's conviction for fetal murder was reversed because trial court's admission of hearsay testimony about fetus's viability was harmful error. 		Evidence CASC Dec. 1, 2020
Davis v. Fresno Unified School Dist.
Trial court erroneously interpreted plaintiff's lawsuit as exclusively 'in rem' reverse validation action. 		Civil Procedure 5DCA Nov. 30, 2020
Foroudi v. The Aerospace Corporation
Exhaustion of EEOC remedies does not satisfy exhaustion requirements for state law claims. 		Civil Procedure 2DCA/8 Nov. 30, 2020
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 5DCA Nov. 30, 2020
Villafana v. County of San Diego
Plaintiff failed to allege disparate impact on protected group of individuals and thus failed to state claim for discrimination. 		Civil Procedure 4DCA/1 Nov. 30, 2020
Prescription Opioid Cases
Rule 3.516 of California Rules of Court only permits one judicial peremptory challenge per side in Judicial Council Coordination Proceedings. 		Civil Procedure 2DCA/3 Nov. 30, 2020
In re Canady
Proposition 57 authorizes the California Department of Corrections and Rehabilitation broad discretion to award, or not award conduct credits as it sees fit. 		statutory_interpretation 3DCA Nov. 30, 2020
TO BE DELETED
Opinion 		Constitutional Law Nov. 30, 2020
Amended Opinion: U.S. v. Price
18 U.S.C Section 2244 does not require the government to prove beyond a reasonable doubt that the perpetrator subjectively knew the victim did not consent to sexual contact. 		Criminal Law and Procedure 9th Nov. 30, 2020
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