| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
19-35389
|
Olson v. U.S.
Plaintiff's claims under Family and Medical Leave Act were barred by statute of limitations because plaintiff did not prove that defendant willfully interfered with plaintiff's FMLA rights. |
Civil Procedure |
|
R. Benitez | Nov. 24, 2020 |
|
B304240
|
People v. Superior Court (Cal Cartage Transportation Express, LLC)
Federal Aviation Administration Authorization Act of 1994 does not preempt application of 'ABC' test under 'Dynamex Operations W. v. Superior Court.' |
Employment Law |
|
B. Currey | Nov. 23, 2020 |
|
19-10243
|
U.S. v. Ngumezi
Police officer violated defendant's Fourth Amendment right by opening passenger-side car door and leaning inside to ask for registration without any particularized justification, such as that driver posed danger. |
Criminal Law and Procedure |
|
E. Miller | Nov. 23, 2020 |
|
20-10043
|
U.S. v. Houston
Order |
|
Nov. 23, 2020 | ||
|
18-35789
|
Boule v. Egbert
'Bivens' remedies were available where US citizen alleged that border patrol agent violated Fourth Amendment by using excessive force while carrying out official duties within US. |
Civil Rights |
|
W. Fletcher | Nov. 23, 2020 |
|
19-15541
|
Rico v. Ducart
Prison officials were entitled to qualified immunity for inmate's claims of sleep deprivation from inherently loud court-ordered suicide-prevention checks. |
Civil Rights |
|
R. Tallman | Nov. 23, 2020 |
|
18-56620
|
3500 Sepulveda LLC v. RREEF America REIT II
District court erred in granting summary judgment to defendants because plaintiff did not give up its rights under agreement between the parties. |
Real Property |
|
M. Bennett | Nov. 23, 2020 |
|
B298753
|
People v. Shelp
Post Release Community Supervision was enacted to rehabilitate nonviolent felons, not to reward the felon with custody credits that can theoretically reduce supervision period to zero. |
statutory_interpretation |
|
K. Yegan | Nov. 23, 2020 |
|
B301158
|
Triyar Hospitality Management v. WSI (II) HWP
Judgment based on alter ego doctrine was affirmed because company owners personally funded underlying litigation, there was unity of interest and ownership, and inequity would otherwise result. |
Civil Procedure |
|
A. Gilbert | Nov. 23, 2020 |
|
A157917
|
People v. Williams
Trial court did not err in determining that it could consider hearsay information contained in this court's prior opinion on defendant's appeal because hearsay information contained therein was reliable. |
Evidence |
|
I. Petrou | Nov. 23, 2020 |
|
G057176
|
Modification: Cornerstone Realty Advisors, LLC v. Summit Healthcare
Trial court erred by categorically denying defendant's attorney's fees incurred before July 12, 2016 as a result of plaintiff's abuse of the discovery process. |
Civil Procedure |
|
R. Fybel | Nov. 23, 2020 |
|
B298265
|
Reuter v. Macal
Lower court's application of 'Muktarian v. Barmby's tolling rule was affirmed because plaintiff was in continuous possession of the property. |
Real Property |
|
D. Kim | Nov. 20, 2020 |
|
B295632
|
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 |
|
A. Gilbert | Nov. 20, 2020 |
|
B299638
|
People v. Swanson
Appellant was convicted of provocative act murder, which requires the perpetrator act with conscious disregard for life; thus, he was ineligible for relief under Senate Bill No. 1437. |
Criminal Law and Procedure |
|
V. Chaney | Nov. 20, 2020 |
|
E074674
|
People v. Gallo
Penal Code Section 1170.95 did not apply to defendant because he was the sole killer and jury found him guilty of second degree murder under Section 187(a). |
Criminal Law and Procedure |
|
D. Miller | Nov. 20, 2020 |
|
B291940
|
Los Angeles Unified School Dist. v. Torres Construction Corp.
Trial court properly denied defendant's motion for summary judgment because job order contract was an enforceable contract, not just an agreement to negotiate. |
Contracts |
|
M. Stratton | Nov. 19, 2020 |
|
D075907
|
Jones v. Goodman
Defendant not entitled to attorney fees based on plaintiff's claims lacking legal merit, without further evidence that plaintiff subjectively acted in bad faith. |
Civil Procedure |
|
P. Guerrero | Nov. 19, 2020 |
|
B300321
|
Ortega v. Johnson
Under Manual of Policies and Procedures Section 63-603, a Department of Social Services Regulation, recipients of CalFresh benefits are entitled to have benefits restored when benefits are lost due to theft. |
Administrative Agencies |
|
T. Willhite | Nov. 19, 2020 |
|
19-72745
|
Castillo v. Barr
Board of Immigration Appeals' decision to give reduced weight to expert's opinion on basis that it was not corroborated by other evidence was erroneous. |
Immigration |
|
J. Wallace | Nov. 19, 2020 |
|
C092118
|
People v. Roseberry
Defendant's second in-prison felony sentence was affirmed because he failed to carry his burden to show error by an adequate record. |
statutory_interpretation |
|
H. Hull | Nov. 19, 2020 |
|
17-56292
|
Hardwick v. County of Orange
District court did not err in concluding that issues litigated in plaintiff's mother's state case and plaintiff's federal case were not identical; thus plaintiff could not invoke issue preclusion. |
Civil Rights |
|
R. Paez | Nov. 19, 2020 |
|
A158186
|
Modification: People v. Braud
When a postrelease supervision violation and reinstatement both occur during the probationary period, a court may extend the termination date by tolling. |
Criminal Law and Procedure |
|
L. Burns | Nov. 19, 2020 |
|
H047473
|
Modification: Menifee v. Superior Court (The People)
Although certain components of gang expert's testimony were inadmissible under 'People v. Sanchez,' remaining admissible evidence presented at preliminary hearing was sufficient to hold defendant to answer. |
Evidence |
|
E. Premo | Nov. 19, 2020 |
|
19-56228
|
Castillo v. Bank of America
Plaintiff was properly denied class certification in wage and hour action against defendant, because large portion of proposed class was never underpaid. |
Civil Procedure |
|
R. Gould | Nov. 19, 2020 |
|
18-70666
|
Sanchez Rosales v. Barr
Board of Immigration Appeals abused its discretion by denying petitioners' motion to reopen based on failure to show prejudice. |
Immigration |
|
J. Choe-Groves | Nov. 19, 2020 |
|
20A70
|
Valentine v. Collier
Order |
|
Nov. 18, 2020 | ||
|
C085041
|
County of Monterey v. Bosler
Trial court properly determined that agreement entered by private developer and former redevelopment agency was unenforceable under Assembly Bill 1X 26. |
Administrative Agencies |
|
E. Duarte | Nov. 18, 2020 |
|
B303744
|
In re Williams
Defendants serving life without parole sentences based on offenses they committed after they had attained age 18 are not eligible for youth offender parole hearings. |
statutory_interpretation |
|
L. Rubin | Nov. 18, 2020 |
|
A157152
|
People v. Bankers Insurance Company
Trial court implicitly found sufficient excuse for defendant's absence at two prior occasions when defendant failed to appear at pretrial hearings, so it properly forfeited bond when defendant failed to appear for trial. |
Civil Procedure |
|
S. Pollak | Nov. 18, 2020 |
|
G058609
|
Moore v. Superior Court (Barsky)
Petitioner's bad faith participation and obstreperous misconduct at mandatory settlement conference was contemptuous, but four counts of contempt were reduced to one count under Penal Code Section 654. |
Attorneys |
|
T. Goethals | Nov. 18, 2020 |