| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C082186
|
People v. Reneaux
Senate Bill 1393 permitted defendant's case to be remanded for limited purpose of giving trial court the opportunity to consider striking prior serious felony enhancement. |
Criminal Law and Procedure |
|
H. Hull | Jun. 19, 2020 |
|
A157266
|
In re S.J.
Juvenile court erred in imposing Government Code and Vehicle Code penalties on juvenile because those penalties are inapplicable to juveniles adjudged ward of the court. |
Juveniles |
|
M. Simons | Jun. 19, 2020 |
|
S262010
|
People v. Ramirez
Order |
|
Jun. 19, 2020 | ||
|
S252220
|
People v. Frahs
Mental health diversion statute applies retroactively because it mitigates possible punishment for a class of persons and there is no contradicting legislative Intent. |
Criminal Law and Procedure |
|
T. Cantil-Sakauye | Jun. 19, 2020 |
|
18-10399
|
U.S. v. Shehadeh
District court correctly refused to allow defendant to withdraw his guilty plea because it was knowing and voluntary. |
Criminal Law and Procedure |
|
R. Nelson | Jun. 19, 2020 |
|
18-35630
|
Rose v. Guyer
Certificate of appealability is required to challenge orders denying a motion to enforce a conditional writ of habeas corpus. |
Criminal Law and Procedure |
|
N. Smith | Jun. 19, 2020 |
|
17-72874
|
Organic Cannabis Foundation v. Commissioner of Internal Revenue
Petitions could not be deemed timely under Internal Revenue Code mailbox rule because particular FedEx service used was not on IRS's formal list of designated delivery services. |
Tax |
|
D. Collins | Jun. 19, 2020 |
|
17-99008
|
Staten v. Davis
Even though trial counsel was deficient for failing to present testimony that gang members appeared to claim credit for murders, there was compelling evidence of petitioner's guilt. |
Criminal Law and Procedure |
|
S. Graber | Jun. 19, 2020 |
|
18-824
|
Rogers v. Grewal
Order |
|
Jun. 18, 2020 | ||
|
18-1287
|
Baxter v. Bracey
Order |
|
Jun. 18, 2020 | ||
|
A152318
|
Verrazono v. Gehl Company
'Ordinary consumers expectations' test is not applicable where expert testimony will be essential to assist jury in understanding pros and cons of plaintiff's arguments. |
Torts |
|
K. Banke | Jun. 18, 2020 |
|
F077663
|
In re Brownlee
Prisoners are not entitled to youth offender parole hearing if they are already eligible for parole under other applicable laws. |
statutory_interpretation |
|
M. Snauffer | Jun. 18, 2020 |
|
A157285
|
People v. Howard
Penal Code Section 1170.95 permits court to redesignate defendant's felony-murder conviction to underlying felony, and does not direct court to impose the lesser degree. |
Criminal Law and Procedure |
|
B. Jones | Jun. 18, 2020 |
|
B264402
|
In re Rayford
Kill zone theory was improperly instructed because it was reasonable to infer that shooters fired on house to scare occupants, with conscious disregard of risk of serious injury for those around. |
Criminal Law and Procedure |
|
G. Feuer | Jun. 18, 2020 |
|
A154604
|
Gutierrez v. Brand Energy Services of California
Trial court erred in interpreting Wage Order 16 Section 5(D) as permitting employees and employers to enter CBA's that waived right to all compensation for employer-mandated travel time. |
Employment Law |
|
T. Jackson | Jun. 18, 2020 |
|
A156662
|
People v. Cole
Trial court erred in placing defendant on two separate but concurrent grants of probation based on separate offenses rather than on one grant of probation based on his aggregate sentence. |
Criminal Law and Procedure |
|
P. Siggins | Jun. 18, 2020 |
|
E071365
|
People v. Albert
Although defendant's sibling approached juror, there was no evidence sibling conveyed any communication about case's merits; thus, there was no reasonable probability of prejudice. |
Criminal Law and Procedure |
|
M. Raphael | Jun. 18, 2020 |
|
16-35506
|
Murray v. BEJ Minerals
Under Montana law, dinosaur fossils do not constitute 'minerals' for purpose of mineral reservation and thus, belong to surface estate. |
statutory_interpretation |
|
S. Thomas | Jun. 18, 2020 |
|
18-15890
|
Sonner v. Premier Nutrition Corp.
State law cannot circumscribe federal court's equitable powers even when state law affords the rule of decision. |
Remedies |
|
B. Bade | Jun. 18, 2020 |
|
C089373
|
People v. Johnson
Evidence of marijuana in car does not provide certainty the car contains contraband to justify Fourth Amendment search. |
Criminal Law and Procedure |
|
R. Robie | Jun. 17, 2020 |
|
B300685
|
Davis v. Superior Court (Sathre)
Trial court violated California Rules of Court by not ensuring complete record of proceedings and prohibiting indigent plaintiff from appearing telephonically. |
Civil Procedure |
|
J. Segal | Jun. 17, 2020 |
|
B298292
|
Pacifica First National, Inc. v. Abekasis
Movants to set aside defaults based on improper service have burden to prove apparently-proper document was invalid. |
Civil Procedure |
|
J. Wiley | Jun. 17, 2020 |
|
A155720
|
People v. Jones
If the court elects to dismiss a juror, the court's inquiry must be sufficient to support the dismissal. |
Criminal Law and Procedure |
|
G. Burns | Jun. 17, 2020 |
|
B303308
|
AIDS Healthcare Foundation v. City of Los Angeles
Trial court correctly found plaintiff could not assert cause of action under FHA and FEHA based on its alleged disparate-impact theory of liability. |
Civil Procedure |
|
A. Egerton | Jun. 17, 2020 |
|
B299184
|
Segal v. ASICS America Corp.
Plaintiffs did not show trial court abused its discretion in granting in part and denying in part their motion to tax costs. |
Civil Procedure |
|
B. Currey | Jun. 17, 2020 |
|
18-36060
|
Zweizig V. Rote
Order |
|
Jun. 17, 2020 | ||
|
19-10077
|
U.S. v. Jaycox
California Penal Code Section 261.5(c) which criminalizes consensual intercourse between twenty-one-year-old and someone nearly eighteen did not relate to abusive sexual conduct involving minor for purposes of sentencing enhancement. |
Criminal Law and Procedure |
|
J. Restani | Jun. 17, 2020 |
|
17-71655
|
Cordoba v. Barr
'Wealthy landowners' in Colombia do not constitute a cognizable particular social group for purposes of asylum and withholding of removal. |
Immigration |
|
R. Lasnik | Jun. 17, 2020 |
|
19-966
|
Emerson Electric Co. v. Sipco LLC
Order |
|
Jun. 16, 2020 | ||
|
19-7919
|
King v. U.S.
Order |
|
Jun. 16, 2020 |