| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
19-897
|
Albence v. Chavez
Order |
|
Jun. 16, 2020 | ||
|
19-963
|
Henry Schein Inc. v. Archer and White Sales Inc.
Order |
|
Jun. 16, 2020 | ||
|
18-9674
|
Andrus v. Texas
Petitioner had shown deficient performance under first prong of 'Strickland,' and there was significant question whether Court of Criminal Appeals properly considered prejudice under second prong. |
Criminal Law and Procedure |
|
P. Curiam (USSC) | Jun. 16, 2020 |
|
17-1618
|
Bostock v. Clayton County
Employers who fire individuals merely for being gay or transgender violate Title VII of Civil Rights Act. |
Employment Discrimination |
|
N. Gorsuch | Jun. 16, 2020 |
|
18-1584
|
United States Forest Service v. Cowpasture River Preservation Assn.
Forest Service retained its authority over trail because it entered into 'right-of-way' agreements with National Park Service, which grants easement, not jurisdiction over land. |
Administrative Agencies |
|
C. Thomas | Jun. 16, 2020 |
|
D075942
|
State Compensation Insurance Fund v. ReadyLink Healthcare, Inc.
Res judicata is inapplicable to actions where prior administrative and judicial proceedings did not decide the issues raised. |
Civil Procedure |
|
C. Aaron | Jun. 16, 2020 |
|
D075328
|
Golden Door Properties, LLC v. County of San Diego
Trial court erred in determining that Supplemental Environmental Impact Report contained inconsistent geographic scope because plaintiffs failed to adequately exhaust administrative remedies on that issue. |
Environmental Law |
|
J. Irion | Jun. 16, 2020 |
|
G056784
|
Lak v. Lak
Garnishment five percent rule requires obligors with no income receiving SSDI payments to also satisfy the SSI resource test. |
Family Law |
|
K. O'Leary | Jun. 16, 2020 |
|
A156708
|
Delgado v. California Dept. Motor Vehicles
Laboratory's affidavit stating there was no record of officer's qualification to administer alcohol test, was not sufficient to show that officer was not qualified to administer the test. |
Evidence |
|
A. Tucher | Jun. 16, 2020 |
|
19-30066
|
U.S. v. Kelley
First Step Act of 2018 does not permit a plenary resentencing proceeding in which a defendant's career offender status can be reconsidered. |
Criminal Law and Procedure |
|
S. Ikuta | Jun. 16, 2020 |
|
A154750
|
Wittenberg v. Bornstein
Plaintiff failed to show minimal merit as to fiduciary duty and conspiracy allegations and therefore defendant's anti-SLAPP motion should have been granted. |
Anti-SLAPP |
|
C. Fujisaki | Jun. 15, 2020 |
|
E072620
|
People v. Federico
Proposition 57 only applies retroactively to juveniles charged directly in adult court whose judgments were not yet final upon enactment. |
Criminal Law and Procedure |
|
A. McKinster | Jun. 15, 2020 |
|
B296516
|
Hernandez v. FCA US LLC
Mandatory relief under Code of Civil Procedure Section 473(b) does not encompass dismissals resulting from parties reaching full settlement. |
Civil Procedure |
|
M. Stratton | Jun. 15, 2020 |
|
A158015
|
California Union Square L.P. v. Saks & Co. LLC
Arbitrators are limited by and may not modify the terms of an agreement to arbitrate. |
Arbitration |
|
I. Petrou | Jun. 15, 2020 |
|
F076902
|
People v. Sandoval
A jury instruction cannot be judged on the basis of one or two phrases plucked out of context. |
Criminal Law and Procedure |
|
J. Detjen | Jun. 15, 2020 |
|
B299605
|
Horne v. Ahern Rentals, Inc.
Hirer is only liable for injury to employee of contractor if hirer exercised control over safety conditions at worksite in way that 'affirmatively' contributed to employee's injuries. |
Torts |
|
E. Grimes | Jun. 12, 2020 |
|
B296537
|
Taylor v. Traylor
Contemporaneous time records are the best evidence of lawyers' hourly work and, though not indispensable, eclipse other proofs. |
Attorneys |
|
J. Wiley | Jun. 12, 2020 |
|
B294516
|
Farina v. SAVWCL III, LLC
Defendants did not purposefully avail themselves to California forum's benefits because they did not know their actions were somehow connected to California. |
Civil Procedure |
|
J. Wiley | Jun. 12, 2020 |
|
B297213
|
People v. Padilla
Proposition 57 applies retroactively to juveniles tried as adults whose judgments are not final; thus, appellant was entitled to transfer hearing. |
Juveniles |
|
N. Manella | Jun. 12, 2020 |
|
E069445
|
People v. Hughes
Penal Code Section 1054(f) requires prosecutors to disclose to the defense the substance of an expert's testimony, prior to testifying. |
Criminal Law and Procedure |
|
M. Slough | Jun. 12, 2020 |
|
E068353
|
Pulte Home Corp. v. CBR Electric, Inc.
Trial court misapplied law governing equitable subrogation and insurance company satisfied all the elements of equitable subrogation. |
Contracts |
|
M. Slough | Jun. 12, 2020 |
|
13-50014
|
U.S. v. Perez
District court improperly instructed jury on extraterritorial application of Violent Crimes in Aid of Racketeering statute because California's attempted murder statute does not reach foreign conduct. |
Criminal Law and Procedure |
|
R. Tallman | Jun. 12, 2020 |
|
16-35304
|
Blixseth v. Credit Suisse
Exculpation clause was valid because it covered only liabilities arising from the bankruptcy proceedings and not the discharged debt. |
Bankruptcy |
|
M. Berzon | Jun. 12, 2020 |
|
18-17270
|
Fast Trak Investment v. Sax
Order |
|
Jun. 12, 2020 | ||
|
F076908
|
Modification: People v. Sanchez
Jury verdict of not guilty of murder did not preclude, on collateral estoppel grounds, second trial on assault on child causing death. |
Criminal Law and Procedure |
|
J. Detjen | Jun. 12, 2020 |
|
A157186
|
Modification: People v. Duarte-Lara
'People v. Mayberry' instructions are not warranted unless defendant's mistake of consent was subjectively and objectively reasonable under circumstances. |
Criminal Law and Procedure |
|
I. Petrou | Jun. 11, 2020 |
|
H047068
|
Modification: Willow Glen Trestle Conservancy v. City of San Jose
City's actions in connection with Streambed Alteration Agreement could not be construed as 'approval of project' requiring further environmental review under CEQA. |
Environmental Law |
|
N. Mihara | Jun. 11, 2020 |
|
B293564
|
Trejo v. County of Los Angeles
Plain language of County's Civil Service Rules did not authorize Sheriff's Department's practice of extending probation by re-assigning deputies under investigation to administrative duty. |
statutory_interpretation |
|
E. White | Jun. 11, 2020 |
|
A160151
|
Stanley v. Superior Court (People)
Health quarantines to prevent spread of infectious diseases have long been recognized as good cause for continuing trial dates. |
Criminal Law and Procedure |
|
S. Pollak | Jun. 11, 2020 |
|
A157301
|
Spikener v. Ally Financial, Inc.
Under Holder Rule, debtor's recovery, including any attorney fees based on Holder Rule claim, cannot exceed amount debtor paid under the contract. |
Consumer Law |
|
M. Simons | Jun. 11, 2020 |