| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
19-16243
|
Lam v. U.S.
Federal Tort Claims Act's Discretionary Function Exception applied to bar claims based on park rangers' decisions as to tree maintenance. |
Torts |
|
C. Royal | Oct. 29, 2020 |
|
18-72990
|
Velasquez-Rios v. Barr
Amendment to California Penal Code Section 18.5 which retroactively reduced maximum misdemeanor sentence to 364 days, cannot be applied retroactively for purposes of removability under 8 U.S.C. Section 1227(a)(2)(A)(i). |
Immigration |
|
R. Gould | Oct. 29, 2020 |
|
A155837
|
Modification: County of Sonoma v. U.S. Bank N.A.
Trial court was authorized under Health and Safety Code Section 17980.7 and Code of Civil Procedure Section 564 to issue receiver's certificate, secured by super-priority lien, to ameliorate nuisance conditions on property. |
Real Property |
|
Oct. 29, 2020 | |
|
D075615
|
RGC Gaslamp v. Ehmcke Sheet Metal Co.
Trial court properly granted defendant's anti-SLAPP motion because the filing of defendant's mechanic's lien constituted protected activity. |
Anti-SLAPP |
|
W. Dato | Oct. 28, 2020 |
|
20A66
|
Democratic National Committee v. Wisconsin State Legislature
Order |
|
Oct. 28, 2020 | ||
|
A157073
|
Tiburon/Belvedere Residents United to Support the Trails v. Martha Co.
Substantial evidence supported the trial court's finding that defendant's attempts to deter trespassers on its 110 acres of undeveloped land showed it did not acquiesce to public dedication. |
Real Property |
|
G. Burns | Oct. 28, 2020 |
|
D072639
|
People v. Barton
Student was psychologically coerced into submitting to defendant's lewd acts because he knew that if he failed to do so, he would suffer significant hardship. |
Criminal Law and Procedure |
|
J. Irion | Oct. 28, 2020 |
|
B289596
|
Dix v. Live Nation Entertainment, Inc.
Because of its special relationship with festival attendees, an operator of electronic music festivals like defendant owes a duty of reasonable care to festival attendees. |
Torts |
|
T. Dillon | Oct. 28, 2020 |
|
B299031
|
Chacon v. Union Pacific Railroad
Release of Federal Employers' Liability Act claim is valid only to extent that it applies to bargained-for settlement of known claim for specific injury. |
statutory_interpretation |
|
E. Lui | Oct. 28, 2020 |
|
D076124
|
People v. Shaw
No abuse of discretion in trial court's decision not to strike defendant's five-year enhancement imposed under Penal Code Section 667(a)(1). |
Criminal Law and Procedure |
|
W. Dato | Oct. 28, 2020 |
|
B298798
|
Truck Insurance Exchange v. AMCO Insurance Co.
Because liability arose from restaurant's use of premises, landlords were additional insureds under restaurant's insurance policy; thus, landlord's insurer was entitled to equitable contribution. |
Insurance |
|
A. Collins | Oct. 28, 2020 |
|
19-15105
|
Cortesluna v. Leon
Genuine issue of fact existed as to whether defendant used excessive force in kneeling on plaintiff's back when plaintiff was lying face down after being struck by beanbag rounds. |
Civil Rights |
|
S. Graber | Oct. 28, 2020 |
|
19-55164
|
Amended Opinion: Monzon v. City of Murrieta
District court properly granted defendant's summary judgment motion because police officer's use of deadly force was reasonable. |
Civil Rights |
|
L. VanDyke | Oct. 28, 2020 |
|
19-16167
|
Bliss v. Corecivic Inc.
Each interception of privileged phone calls was a separate violation of Wiretap Act, thus triggering new statute of limitations. |
statutory_interpretation |
|
D. Forrest | Oct. 28, 2020 |
|
A155063
|
Modification: Gruber v. Yelp Inc.
Penal Code Sections 632 and 637.2 are primarily intended to protect the privacy of the communications of California residents, and therefore, apply to all recordings of such communications--whether one-sided or two-sided. |
Civil Procedure |
|
T. Jackson | Oct. 27, 2020 |
|
B293850
|
Lares v. Los Angeles County Metropolitan
Trial court properly granted summary judgment in favor of defendant because defendant did not violate California Family Rights Act. |
Employment Law |
|
T. Willhite | Oct. 27, 2020 |
|
B303310
|
In re J.W.
Trial court properly admitted officer's testimony regarding minor's answers to booking questions about his age and date of birth because it fell under routine booking question exception to 'Miranda' warnings. |
Juveniles |
|
B. Hoffstadt | Oct. 27, 2020 |
|
G057244
|
Santana v. FCA US, LLC
There was no evidence defendant was aware of vehicle's defect until after plaintiff purchased his vehicle, and thus no evidence that defendant concealed it. |
Remedies |
|
R. Ikola | Oct. 27, 2020 |
|
A160793
|
Lacayo v. Superior Court (People)
Trial court erred in ruling that particularized good cause showing could justify extending defendant's preliminary hearing beyond 60 days. |
Criminal Law and Procedure |
|
I. Petrou | Oct. 27, 2020 |
|
E074244
|
Tellez v. Superior Court
Because Legislature intended DUI offenses to be ineligible for mental health diversion, Vehicle Code Section 23640 controls over Penal Code Section 1001.36. |
statutory_interpretation |
|
F. Menetrez | Oct. 27, 2020 |
|
B299677
|
People v. Foley
Defendant's conviction for molesting his grandchild, suffered in separate proceeding that concluded long before trial of his offenses against his other grandchild did not fall within One Strike law's multiple victim circumstance. |
Criminal Law and Procedure |
|
L. Edmon | Oct. 27, 2020 |
|
B300043
|
People v. Ford
Appellant was denied his constitutional right to be present at his pretrial hearing where court found him incompetent to decide if he wanted jury trial and error was prejudicial. |
Criminal Law and Procedure |
|
N. Manella | Oct. 27, 2020 |
|
17-10252
|
Amended Opinion: U.S. v. Johnson
Although government did not prove at trial that defendant knew of his status as convicted felon, court records contained information about his prior felony convictions and years served in prison. |
Criminal Law and Procedure |
|
P. Watford | Oct. 27, 2020 |
|
19-17606
|
Thorne v. U.S. Dept. of State
District court did not abuse its discretion in denying plaintiffs' preliminary injunction because plaintiffs did not sufficiently establish that they had been 'de facto debarred' under 22 C.F.R. Section 127.7. |
Administrative Agencies |
|
E. Siler | Oct. 27, 2020 |
|
B299939
|
People v. Lizarraga
Defendant's case was final when he requested a transfer hearing under Proposition 57, and Proposition 57 does not apply to final judgments. |
Criminal Law and Procedure |
|
L. Rubin | Oct. 26, 2020 |
|
A155108
|
People v. Baratang
Trial court prejudicially erred by instructing jury it could convict defendant of felony elder theft based on identity theft theory regardless of value of property taken or obtained. |
Criminal Law and Procedure |
|
C. Fujisaki | Oct. 26, 2020 |
|
A160701
|
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 |
|
J. Streeter | Oct. 26, 2020 |
|
C083250
|
Carroll v. Commission on Teacher Credentialing
Trial court abused its discretion by permitting plaintiff's counsel to question defendant witnesses on, and asking jury to draw negative inferences from, defendant's exercise of attorney-client privilege. |
Evidence |
|
H. Hull | Oct. 26, 2020 |
|
20A67
|
Merrill v. People First of Alabama
Order |
|
Oct. 23, 2020 | ||
|
H044661
|
Modification: Reyes v. Kruger
Appellant's challenge to the order on anti-SLAPP motions was not cognizable on appeal from the judgment. |
Anti-SLAPP |
|
E. Premo | Oct. 23, 2020 |