| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
19-10092
|
U.S. v. Alhaggagi
District court abused its discretion in applying terrorism enhancement to defendant's sentence because defendant did not have necessary mental state to trigger enhancement. |
Criminal Law and Procedure |
|
M. Smith | Oct. 23, 2020 |
|
19-17480
|
State of California v. U.S. Environmental Protection Agency
District court abused its discretion in refusing to modify injunction that was based on law that has been altered to permit what was previously forbidden. |
Environmental Law |
|
P. Bumatay | Oct. 23, 2020 |
|
19-16626
|
Ventura v. Rutledge
It was not clearly established that use of deadly force was unconstitutional where decedent, armed with knife, advanced within striking distance of another, and ignored officer's orders to drop knife. |
Civil Rights |
|
M. Bennett | Oct. 23, 2020 |
|
19-35113
|
Boardman v. Inslee
State did not engage in viewpoint discrimination by simply disclosing personal information of public or quasi-public employees to their exclusive collective bargaining representative, while denying equal access to public. |
Civil Rights |
|
N. Smith | Oct. 23, 2020 |
|
A155219
|
Epstein v. Vision Service Plan
Health and Safety Code Section 1367 did not bar parties to network provider agreement from agreeing to arbitration in lieu of subsequent judicial review through administrative mandamus. |
Arbitration |
|
K. Banke | Oct. 23, 2020 |
|
B300072
|
Lowry v. Port San Luis Harbor Dist.
Because plaintiff filed his complaint on the same day he applied to submit a late claim without waiting for public entity's response, Government Claims Act was not satisfied. |
Civil Procedure |
|
M. Tangeman | Oct. 23, 2020 |
|
B301138
|
Leah B. v. Michael V.
Appellant was not permitted to use civil harassment order process to collaterally attack confidential child dependency and adoption proceeding concerning her biological daughter. |
Dependency |
|
K. Yegan | Oct. 23, 2020 |
|
B300575
|
Modification: People v. Allison
Defendant convicted of murder with felony-murder special circumstance was properly held ineligible for resentencing under Penal Code Section 1170.95. |
Criminal Law and Procedure |
|
F. Rothschild | Oct. 23, 2020 |
|
G058522
|
Kramer v. Traditional Escrow
Lower court erred in granting equitable relief from default judgment to defendants because defendants were unaware of the amended complaint due to their own negligence. |
Civil Procedure |
|
E. Moore | Oct. 22, 2020 |
|
B301302
|
People v. Douglas
Defendant planned and led armed robbery, gave his loaded gun to recruited gang member, and showed no interest in aiding suffering victim; thus, he was disqualified from resentencing under Penal Code Section 1170.95. |
statutory_interpretation |
|
J. Wiley | Oct. 22, 2020 |
|
A160122
|
In re Von Staich
California Department of Corrections and Rehabilitation acted with deliberate indifference to the risk of petitioner contracting COVID-19 by failing to implement measures to permit physical distancing between inmates. |
Prisoners' Rights |
|
J. Kline | Oct. 22, 2020 |
|
19-55204
|
Stover v. Experian Holdings
In order to bind parties to new terms pursuant to change-of-terms provision, both parties must have notice that terms have changed and an opportunity to review those changes. |
Arbitration |
|
M. Smith | Oct. 22, 2020 |
|
A159623
|
Paul Blanco's Good Car Co. Auto Group v. Superior Court (People)
If the admission of the truth of the complaint might subject a corporation to criminal prosecution, the corporation does not have to verify its answer. |
Civil Procedure |
|
H. Needham | Oct. 22, 2020 |
|
D074992
|
People v. Wilson
Government's warrantless search of four child pornography images in defendant's email was permissible under private search doctrine. |
Criminal Law and Procedure |
|
P. Guerrero | Oct. 22, 2020 |
|
F079378
|
In re Nelson
'People v. Gallardo,' which limits a sentencing court's factfinding abilities for prior conviction enhancements, does not retroactively apply on collateral review of final convictions. |
Criminal Law and Procedure |
|
J. Detjen | Oct. 22, 2020 |
|
E072470
|
Guerrero v. Hestrin
Trial court's decision to deny a wiretap disclosure constituted an abuse of discretion because it applied the wrong standard. |
Constitutional Law |
|
M. Raphael | Oct. 22, 2020 |
|
20-1085
|
In re Phillip Johnny Rodriguez and Jennifer Lynn Rodriguez
Bankruptcy court properly concluded that Debtors' vehicle operation expense was limited to the numerical value specified in the Internal Revenue Service's Local Standards table. |
Bankruptcy |
|
L. Taylor | Oct. 21, 2020 |
|
19-1212
|
Wolf v. Innovation Law Lab
Order |
|
Oct. 21, 2020 | ||
|
20-18
|
Lange v. California
Order |
|
Oct. 21, 2020 | ||
|
20-138
|
Trump v. Sierra Club
Order |
|
Oct. 21, 2020 | ||
|
G057657
|
People v. Son
An officer who has extensively reviewed a video may offer a narration, pointing out particulars that a casual observer might not see. |
Evidence |
|
R. Ikola | Oct. 21, 2020 |
|
19-15530
|
Marino v. Ocwen Loan Servicing
Summary judgment in favor of mortgage servicer who obtained consumers' credit report following bankruptcy discharge was proper because they had permissible reasons to obtain reports. |
Consumer Law |
|
L. Adelman | Oct. 21, 2020 |
|
18-72441
|
Ortega-Lopez v. Barr
Board of Immigration Appeals properly concluded that petitioner had been convicted of an offense under 8 U.S.C. Section 1227(a)(2) and thus ineligible for cancellation of removal under Section 1229b(b). |
Immigration |
|
S. Ikuta | Oct. 21, 2020 |
|
G058719
|
People v. Marquez
Nothing in Marsy's Law restricts the Legislature from creating new postconviction procedures, such as Penal Code Section 1170.95. |
statutory_interpretation |
|
R. Fybel | Oct. 21, 2020 |
|
A152462
|
Modification: Skaff v. Rio Nido Roadhouse
Plaintiff could not be awarded attorney fees under catalyst theory because claim on which it was based was objectively without legal merit. |
Civil Procedure |
|
G. Sanchez | Oct. 21, 2020 |
|
E074417
|
People v. Villa
While evidence of victim's application for U visa was relevant to show motive to testify falsely, trial court did not abuse its discretion by excluding it under Evidence Code Section 352. |
Evidence |
|
M. Slough | Oct. 20, 2020 |
|
E073545
|
People v. Bascomb
Because defendant planned home invasion robbery of known drug dealer while he was home, used firearms to push his way in, and forced victim to ground using guns, he acted with reckless indifference. |
Criminal Law and Procedure |
|
M. Slough | Oct. 20, 2020 |
|
D075690
|
County of San Diego v. P.B.
Lower court improperly attributed nonexistent timeshare to guideline for child support calculation to penalize an allegedly non-cooperative parent. |
Dependency |
|
P. Guerrero | Oct. 20, 2020 |
|
19-1301
|
Bovat v. Vermont
Order |
|
Oct. 20, 2020 | ||
|
19-1298
|
Rogers County Board of Tax Roll Corrections v. Video Gaming Technologies, Inc.
Order |
|
Oct. 20, 2020 |