| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
18-10411
|
U.S. v. Baldon
Carjacking does not qualify as crime of violence under U.S.S.G. Section 4A1.1(e) because it criminalizes broader range of conduct than federal definition of 'crime of violence.' |
Criminal Law and Procedure |
|
M. Bennett | Apr. 22, 2020 |
|
D074459
|
Tilkey v. Allstate Insurance Co.
Defendant did not wrongfully terminate plaintiff in violation of Labor Code Section 432.7 based on plaintiff's participation in Arizona domestic nonviolence diversion program. |
Employment Law |
|
R. Huffman | Apr. 22, 2020 |
|
18-5924
|
Ramos v. Louisiana
A jury must reach a unanimous verdict in order to convict defendants of serious offenses. |
Criminal Law and Procedure |
|
N. Gorsuch | Apr. 21, 2020 |
|
18-916
|
Thryv, Inc. v. Click-To-Call Technologies, LP
Judicial review of Patent and Trademark Office's application of time prescription was precluded because determination whether to institute inter partes review is nonappealable. |
Intellectual Property |
|
R. Ginsburg | Apr. 21, 2020 |
|
17-1498
|
Atlantic Richfield Co. v. Christian
Montana Supreme Court erred by holding that landowners whose properties were contaminated were not potentially responsible parties under Comprehensive Environmental Response, Compensation and Liability Act. |
Environmental Law |
|
J. Roberts | Apr. 21, 2020 |
|
19-512
|
Robinson v. Department of Education
Order |
|
Apr. 21, 2020 | ||
|
19-5133
|
Brown v. Barr
Order |
|
Apr. 21, 2020 | ||
|
19-6220
|
Bronsozian v. U.S.
Order |
|
Apr. 21, 2020 | ||
|
19-783
|
Van Buren v. U.S.
Order |
|
Apr. 21, 2020 | ||
|
A154986
|
Modification: Zolly v. City of Oakland
Franchise fee may constitute a tax subject to article XIII C to the extent it is not reasonably related to the value received from the government. |
Constitutional Law |
|
S. Margulies | Apr. 21, 2020 |
|
D075561
|
Crosno Construction, Inc. v. Travelers Casualty
'Pay-when-paid' provision within subcontract agreement between general contractor and subcontractor was unenforceable because it would unreasonably impair subcontractor's statutory bond remedy. |
Remedies |
|
W. Dato | Apr. 21, 2020 |
|
H046928
|
People v. Drayton
When assessing petitioner's prima facie showing under Penal Code Section 1170.95, courts should assume all asserted facts in petition are true. |
Criminal Law and Procedure |
|
A. Danner | Apr. 21, 2020 |
|
18-15841
|
Amended Opinion: Karasek v. Regents of the University of California
Under Title IX of the Education Amendments of 1972, liability attaches when a school's official policy is deliberately indifferent to sexual harassment in any context subject to the school's control. |
Civil Rights |
|
J. Bybee | Apr. 21, 2020 |
|
E072260
|
People v. Perez
A new appellate opinion is not newly discovered evidence as that term is used in Penal Code Section 1473.7(a)(2). |
statutory_interpretation |
|
D. Miller | Apr. 21, 2020 |
|
B293605
|
501 East 51st Street etc. v. Kookmin Best Ins. Co., Ltd.
Trial court correctly determined that there was no material dispute whether defendant's denial of plaintiff's insurance claim, based on its expert report, was in good faith. |
Insurance |
|
E. Grimes | Apr. 20, 2020 |
|
In re Approval of the Judicial Emergency Declared in the Eastern District of California
The Judicial Council report constitutes the findings of fact and conclusions of law justifying a declaration of judicial emergency. |
Administrative Agencies |
|
Apr. 20, 2020 | ||
|
18-10291
|
U.S. v. Costanzo
Money laundering transactions where internet was used to transfer bitcoin to digital wallets of others affected interstate commerce. |
Criminal Law and Procedure |
|
M. Hawkins | Apr. 20, 2020 |
|
18-15662
|
Anthony v. Trax International
Under Americans with Disabilities Act, after-acquired evidence is not prohibited to rebut plaintiff's allegation that she was 'qualified individual.' |
Disability Discrimination |
|
K. Wardlaw | Apr. 20, 2020 |
|
A154983
|
In re Shelton
Board of Parole Hearings failed to give due consideration to relevant factors in evaluating petitioner's parole applications. |
Criminal Law and Procedure |
|
J. Kline | Apr. 17, 2020 |
|
B299564
|
In re Austin J.
Courts have jurisdiction to make initial child custody determination if this state was 'home state' of the child within six months before commencement of proceeding. |
Juveniles |
|
F. Rothschild | Apr. 17, 2020 |
|
C086848
|
People v. Broadbent
Firearm loaded with ammunition is part of 'indivisible course of conduct' under Penal Code Section 654 and thus, precludes defendant's multiple punishments. |
Criminal Law and Procedure |
|
J. Renner | Apr. 17, 2020 |
|
A156640
|
Modification: Anthony v. Li
Under Code of Civil Procedure Section 998, an offer to multiple defendants must be apportioned and not conditioned on acceptance by all of them. |
Civil Procedure |
|
I. Petrou | Apr. 16, 2020 |
|
G055930
|
People v. Dennis
In order to make special finding of premeditation based on natural and probable consequences theory, jury was required to find attempted 'premeditated' murder was natural and probable consequence of target crime. |
Criminal Law and Procedure |
|
R. Ikola | Apr. 16, 2020 |
|
Order List: 589 U.S.
|
Order Relating to Extension of Filing Deadlines
The order makes modifications on filing documents in light of the ongoing public health concerns relating to COVID-19. |
Administrative Agencies |
|
Apr. 16, 2020 | |
|
A157723
|
People v. Matthews
Defendant's four one-year enhancement terms under former Penal Code Section 667.5(b) must be stricken but remainder of sentences imposed under plea agreements should be left intact. |
Criminal Law and Procedure |
|
T. Stewart | Apr. 16, 2020 |
|
E071314
|
Marriage of Mohler
Trial court erred in increasing community's interest in property under 'Moore/Marsden' to compensate community for appellant occupying property post-separation. |
Family Law |
|
M. Raphael | Apr. 15, 2020 |
|
F077889
|
Nuno v. California State University, Bakersfield
Trial court failed to provide clear and understandable instructions to self-represented plaintiff that setting another case management conference did not extend deadline for filing amended complaint. |
Civil Procedure |
|
D. Franson | Apr. 15, 2020 |
|
A152806
|
People v. Perlas
Parole revocation petition sufficiently alleged that the Department considered and rejected intermediate sanctions prior to seeking revocation and why intermediate sanctions were not appropriate. |
Criminal Law and Procedure |
|
P. Siggins | Apr. 15, 2020 |
|
A156640
|
Anthony v. Li
Under Code of Civil Procedure Section 998, an offer to multiple defendants must be apportioned and not conditioned on acceptance by all of them. |
Civil Procedure |
|
I. Petrou | Apr. 15, 2020 |
|
B297181
|
Modification: People v. Corrales
Trial court's stay-away order was stricken because trial court did not have authority to grant the order under Penal Code Section 136.2. |
Criminal Law and Procedure |
|
M. Stratton | Apr. 15, 2020 |