| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B296738
|
Conyer v. Hula Media Services, LLC
Trial court incorrectly denied defendant's motion to compel arbitration because plaintiff demonstrated his assent to the arbitration clause and defendant had no obligation to call plaintiff's attention to the arbitration clause. |
Arbitration |
|
E. Grimes | Aug. 28, 2020 |
|
A154326
|
People v. Conatser
Defendant was entitled to retroactive application of Senate Bill No. 180 because court imposed split sentence and therefore, his proceeding was ongoing when Senate Bill No. 180 became effective. |
Criminal Law and Procedure |
|
S. Pollack | Aug. 28, 2020 |
|
E072909
|
Thurston v. Fairfield Collectibles of Georgia, LLC
Under California case law, substantial sales of goods or services to California residents via one's own website constitutes purposeful availment. |
Civil Procedure |
|
M. Ramirez | Aug. 28, 2020 |
|
A157320
|
Morgado v. City and County of San Francisco
Employer's monetary obligation to wrongfully terminated employee 'may be mitigated by deducting compensation or benefits actually received by employee that are inconsistent with original employment.' |
Employment Law |
|
J. Streeter | Aug. 28, 2020 |
|
17-10429
|
U.S. v. Litwin
District court erred in dismissing juror because its determination that juror harbored 'malice toward the judicial process' was not supported by the record. |
Criminal Law and Procedure |
|
D. Bress | Aug. 28, 2020 |
|
19-50014
|
U.S. v. Rodriguez-Gamboa
Because geometric isomers of methamphetamine are impossible, there is no realistic probability that defendant's California methamphetamine statute of conviction will be used to prosecute someone in connection with geometric isomers of methamphetamine. |
Criminal Law and Procedure |
|
A. Hurwitz | Aug. 28, 2020 |
|
B304957
|
Akopyan v. Superior Court (Unzueta)
Trial court erred in granting disqualification motion under Code of Civil Procedure Section 170.6(a)(2) following conditional reversal where remand was for reconsideration of pretrial 'Batson/Wheeler' motion. |
Civil Procedure |
|
G. Feuer | Aug. 27, 2020 |
|
D076605
|
Modification: Golden Door Properties, LLC v. Superior Court (County of San Diego)
County's emails were official records under Public Resources Code Section 21167.6 and should not have been destroyed because they were subject to discovery under the Public Records Act. |
Public Records Act |
|
Aug. 27, 2020 | |
|
B295235
|
People v. Byers
There was insufficient evidence defendant was armed with a firearm during the offense of possessing the firearm. |
Criminal Law and Procedure |
|
H. Dhanidina | Aug. 27, 2020 |
|
B288005
|
Starks v. Vortex Industries
Trial court did not abuse its discretion when it determined that motion to intervene in nearly identical action after entry of judgment was untimely. |
Civil Procedure |
|
F. Rothschild | Aug. 27, 2020 |
|
B298575
|
People v. Nguyen
Defendant was not entitled to Penal Code Section 1170.95 relief because transcripts from preliminary and plea hearings demonstrated he was convicted of second degree murder as direct aider and abettor. |
Criminal Law and Procedure |
|
V. Chaney | Aug. 27, 2020 |
|
A157554
|
Marriage of Siva
Trial court had discretion to allow 'Jackson v. Jackson' credit for respondent's double-satisfaction of his child support payments. |
Family Law |
|
T. Brown | Aug. 27, 2020 |
|
20A32
|
Mitchell v. U.S.
Order |
|
Aug. 27, 2020 | ||
|
19-10168
|
U.S. v. Hussain
Defendants's wire fraud convictions did not involve impermissible extraterritorial application of US law because defendant used domestic wires to perpetrate his fraud. |
Criminal Law and Procedure |
|
D. Bress | Aug. 27, 2020 |
|
18-16026
|
Global Commodities Trading Group v. Beneficio De Arroz Choloma
Plaintiff made a prima facie showing that defendant reached out beyond Honduras to create continuing relationships and obligations with citizens of California. |
Civil Procedure |
|
W. Fletcher | Aug. 27, 2020 |
|
19-15169
|
City of Oakland v. Wells Fargo & Co.
City plausibly alleged that its decrease in property-tax revenues had some direct and continuous relation to defendant's discriminatory lending practices to pursue a claim under Fair Housing Act. |
Civil Rights |
|
M. Murguia | Aug. 27, 2020 |
|
A156934
|
In re I.M.
Probation requirement 'to report any police contacts' to deputy probation officer within 24 hours was unconstitutionally vague and overbroad. |
Juveniles |
|
I. Petrou | Aug. 26, 2020 |
|
H045787
|
People v. Contreraz
Suspending execution of defendant's sentence and placing him on probation constituted conditional judgment rather than final judgment; thus, Senate Bill No. 620 applied retroactively. |
statutory_interpretation |
|
E. Premo | Aug. 26, 2020 |
|
B299329
|
Shih v. Starbucks Corp.
Trial court correctly granted defendant summary judgment because any alleged defect in defendant's product was not a legal cause of plaintiff's injuries. |
Torts |
|
J. Segal | Aug. 26, 2020 |
|
E069462
|
Riverside County Transportation Comm. v. Southern California Gas Co.
Once County Transportation Commission terminated Gas Company's licenses for pipelines that stood in the way of new rail line, Gas Company could be held liable for trespass. |
Utilities |
|
M. Ramirez | Aug. 26, 2020 |
|
A154983
|
Modification: In re Shelton
Board of Parole Hearings considering inmate insight deficiencies must consider whether immutable facts are probative to the inmate's current dangerousness. |
Criminal Law and Procedure |
|
Aug. 26, 2020 | |
|
B297824
|
Williams v. 3620 W. 102nd Street, Inc.
State public policy prohibits arbitration provisions in residential lease agreements. |
Arbitration |
|
J. Wiley | Aug. 26, 2020 |
|
G058257
|
Lona v. City of Fullerton Police Dept.
Trial courts may review and consider an agency's denial letter when ruling on removal petitions, notwithstanding the language in Penal Code Section 186.35(c). |
statutory_interpretation |
|
T. Goethals | Aug. 26, 2020 |
|
C085276
|
Modification: King v. U.S. Bank National Assn.
Plaintiff's award for damages was reinstated because trial court's order failed to specify its reasons for granting defendant's motion for new trial for excessive damages. |
Remedies |
|
Aug. 26, 2020 | |
|
18-10368
|
U.S. v. Lusby
Sex Offender Registration and Notification Act does not require that defendant's interstate travel not be compelled. |
Criminal Law and Procedure |
|
J. Wallace | Aug. 26, 2020 |
|
19-55129
|
Abcarian v. Levine
The Hobbs Act does not carry an accompanying civil private right of action for extortion. |
Criminal Law and Procedure |
|
D. Collins | Aug. 26, 2020 |
|
19-55251
|
Nutrition Distribution v. IronMag Labs
Appeal was untimely as to district court's judgment because motion for attorneys' fees did not extend time to appeal, and district court did not enter order extending time pursuant to Rule 58. |
Civil Procedure |
|
D. Bress | Aug. 26, 2020 |
|
17-72318
|
Iman v. Barr
In order to base adverse credibility determination on petitioner's nonresponsiveness, agency must identify specific instances, supported by the record, where petitioner did not respond. |
Immigration |
|
B. Baldock | Aug. 26, 2020 |
|
17-70624
|
Yim v. Barr
California Penal Code Section 118(a) was a categorical match with Board of Immigration Appeals' generic definition of perjury, and thus constituted an 'aggravated felony.' |
Immigration |
|
S. Ikuta | Aug. 26, 2020 |
|
17-16984
|
Guenther v. Lockheed Martin
Plaintiff's claim of breach of fiduciary duty in violation of Employee Retirement Income Security Act was time-barred under 29 U.S.C. Section 1113(2). |
Civil Procedure |
|
R. Nelson | Aug. 26, 2020 |