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Name Category Published
Roman Catholic Diocese of Brooklyn v. Cuomo
Enforcement of restrictions on applicants' religious services issued by Governor of New York to curb spread of COVID-19 was enjoined. 		Constitutional Law USSC Nov. 30, 2020
Garcia v. D/AQ Corporation
Trial court properly granted defendants' motion for summary judgment on plaintiff's passive negligence lawsuit because exculpatory clause in parties' lease agreement shielded defendants from liability. 		Torts 2DCA/8 Nov. 27, 2020
Spotlight on Coastal Corruption v. Kinsey
Trial court erroneously determined that plaintiff had public interest standing because plaintiff's action was for civil fines and attorneys' fees and not for writ of mandate. 		Constitutional Law 4DCA/1 Nov. 27, 2020
People v. Hall
After passage of Proposition 64, lawful possession of marijuana in a vehicle does not provide probable cause to search the vehicle. 		Criminal Law and Procedure 1DCA/2 Nov. 27, 2020
In re Haynes
Because petitioner's current offense for annoying or molesting child may be committed in violent manner, CDCR had authority to deny him eligibility for early parole consideration under Proposition 57. 		statutory_interpretation 4DCA/3 Nov. 27, 2020
Noergaard v. Noergaard
Attorney fee award was reversed because lower court's early ruling to preserve its jurisdiction despite insufficient notice of service was improper. 		Civil Procedure 4DCA/3 Nov. 27, 2020
People v. Gonzalez
The fact that municipal code does not provide for the sale of real property as punishment was irrelevant because order to sell defendant's property was a condition of probation. 		statutory_interpretation 4DCA/1 Nov. 27, 2020
Modification: In re Christopher L.
Although trial court erred in denying parent counsel at jurisdiction/disposition hearing, error was harmless because he would not have obtained more favorable result. 		Dependency 2DCA/1 Nov. 27, 2020
Davita Inc. v. Amy's Kitchen Inc.
Employee benefit health plans with identical reimbursement rates regardless of underlying diagnoses or Medicare eligibility comport with Medicare as Secondary Payor provisions. 		Health Care 9th Nov. 27, 2020
Davita Inc. v. Virginia Mason Memorial Hospital
Congress did not intend payment by Medicare to be prerequisite to bringing private cause of action under Medicare as Secondary Payer provisions. 		Health Care 9th Nov. 27, 2020
Manikan v. Peters & Freedman LLP
Debtors are precluded from bringing Fair Debt Collection Practices Act claims premised on bankruptcy discharge order, but plaintiff's claim was not precluded because his debt was fully paid before discharge. 		Consumer Law 9th Nov. 27, 2020
U.S. v. Rusnak
District court did not commit plain error because defendant waived his 'Franks v. Delaware' claim regarding an agent's trial testimony. 		Criminal Law and Procedure 9th Nov. 27, 2020
Mahon v. City of San Diego
City's 'Undergrounding Surcharge' was compensation validly given in exchange for franchise rights and thus was not a tax subject to voter approval under Proposition 218. 		Tax 4DCA/1 Nov. 25, 2020
People v. Daniel
Although defendant had statutory right to counsel upon filing a sufficient Penal Code Section 1170.95 petition, violation of that right was not structural error and thus not reversible per se. 		statutory_interpretation 1DCA/1 Nov. 25, 2020
Big Lots Stores v. Superior Court (Menlo)
Dispute about scope of pro hac vice order should not result in disqualification of counsel until issue has been brought to trial judge's attention for clarification. 		Attorneys 4DCA/1 Nov. 25, 2020
Marriage of Sawyer
Family Code Section 5700.608 barred modification of child support order which was confirmed by operation of law due to husband's failure to timely challenge its registration. 		Family Law 6DCA Nov. 25, 2020
Communities for a Better Environment v. Energy Resources
Public Resources Code Section 25531 unconstitutionally abridges superior and appellate courts' original jurisdiction to hear Energy Resources Conservation and Development Commission siting decisions. 		Administrative Agencies 1DCA/4 Nov. 25, 2020
Modification: People v. Uber Technologies, Inc.
Because drivers performed services for defendant rideshare companies in usual course of defendants' businesses, there was reasonable probability of prevailing on drivers' claim that defendants misclassified drivers. 		Employment Law 1DCA/4 Nov. 25, 2020
St. Mary & St. John Coptic Orthodox Church v. SBC Insurance Services, Inc.
Insurance policy's 60-day vacancy provision unambiguously counted backwards from the date of the loss, regardless of property ownership. 		Insurance 1DCA/4 Nov. 25, 2020
Amended Opinion: Vega-Anguiano v. Barr
No valid legal basis for petitioner's removal order at time of its execution because underlying conviction had been expunged under state rehabilitative statute and he satisfied requirements of Federal First Offender Act. 		Immigration 9th Nov. 25, 2020
In re Taggart
Civil contempt is appropriate where there is no objectively reasonable basis for concluding that creditor's conduct was lawful. 		Bankruptcy 9th Nov. 25, 2020
Modification: Communities for a Better Environment v. Energy Resources
Public Resources Code Section 25531 unconstitutionally abridges superior and appellate courts' original jurisdiction to hear Energy Resources Conservation and Development Commission siting decisions. 		Administrative Agencies 1DCA/4 Nov. 25, 2020
Modification: State Lands Commission v. Plains Pipeline, L.P.
Plaintiff was not entitled to immunity from liability as public utility because it does not deliver essential municipal services to members of the general public. 		Torts 2DCA/6 Nov. 24, 2020
Coughenour v. Del Taco
Defendant's motion to compel arbitration was properly denied because plaintiff did not ratify arbitration agreement by continuing to work for defendant for four months after reaching age of 18. 		Arbitration 4DCA/2 Nov. 24, 2020
In re Edgerrin J.
Vague citizen's tip of 'shady' behavior, without more, could not furnish reasonable suspicion to justify detaining four minors. 		Juveniles 4DCA/1 Nov. 24, 2020
People v. Flinner
Antagonistic defenses require severance only when conflict is so prejudicial, that defenses are irreconcilable, and jury will infer that conflict alone demonstrates both are guilty. 		Criminal Law and Procedure CASC Nov. 24, 2020
People v. Schultz
There was no error in admitting expert testimony regarding actions taken in an initial expert's analysis; thus, death penalty was affirmed. 		Criminal Law and Procedure CASC Nov. 24, 2020
U.S. v. Bautista
District court erred in applying recidivist sentencing enhancement based on defendant's prior state conviction for transportation of marijuana after hemp was removed from federal drug schedule. 		statutory_interpretation 9th Nov. 24, 2020
U.S. v. Gutierrez
Order 		9th Nov. 24, 2020
Benson v. Casa De Capri Enterprises
Order 		9th Nov. 24, 2020
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