| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
16-72378
|
Amended Opinion: Padilla Cuenca v. Barr
8 U.S.C. Section 1231(a)(5), which empowers an immigration officer to reinstate a prior removal order, permanently bars reopening of the prior removal order under 8 U.S.C. Section 1229a(c)(7). |
Immigration |
|
D. Rayes | Apr. 15, 2020 |
|
18-35344
|
Zerezghi v. USCIS
Board of Immigration Appeals violated due process by not disclosing that it relied on plaintiff's former spouse's rental application in making its marriage-fraud finding. |
Immigration |
|
D. Boggs | Apr. 15, 2020 |
|
18-56373
|
Gilliam v. Levine
Trust does not lose all consumer disclosure protections when it seeks to finance repairs to personal residence for beneficiary, rather than for trustee. |
Consumer Law |
|
M. Schroeder | Apr. 15, 2020 |
|
19-1200
|
In re Robert Edward Zuckerman
Issue preclusive effect of state court judgments may be basis for granting summary judgment in dischargeability proceeding in bankruptcy. |
Bankruptcy |
|
L. Taylor | Apr. 14, 2020 |
|
In re Approval of the Judicial Emergency Declared in the Central District of California
The Judicial Council continued the judicial emergency declared by Chief District Judge Virginia A. Phillips for an additional one-year period. |
Administrative Agencies |
|
Apr. 14, 2020 | ||
|
A149969
|
Schreiber v. Lee
Management company was entitled to full settlement credit as to noneconomic damages after property owners settled because property owners bore imputed liability for management company's negligence. |
Remedies |
|
K. Banke | Apr. 13, 2020 |
|
B296563
|
Amgen Inc. v. Health Care Services
Trial court abused its discretion in finding that pharmaceutical manufacturer's price increase notice was trade secret despite its disclosure to more than 170 registered purchasers. |
Health Care |
|
H. Bendix | Apr. 13, 2020 |
|
D075600
|
Sannmann v. Dept. of Justice
Trial court erred by ordering DOJ to release its hold on plaintiff's gun purchase based on set-aside order of his felony, because set-aside order was an unauthorized act. |
Criminal Law and Procedure |
|
J. Haller | Apr. 13, 2020 |
|
D074647
|
Amended Opinion: People v. Williams
Defendant's motion to dismiss parole revocation was properly denied because defendant's convictions were for serious and violent felonies under Penal Code Section 3008.08. |
Criminal Law and Procedure |
|
P. Benke | Apr. 13, 2020 |
|
S255371
|
People v. Maya
Conduct in custody can satisfy the 'honest and upright life' requirement of Penal Code Section 1203.4a(a). |
Criminal Law and Procedure |
|
T. Cantil-Sakauye | Apr. 10, 2020 |
|
D076325
|
Modification: Wood v. Superior Court (CFG Jamacha LLC)
Trial court did not err by ordering production of email petitioner sent to Department of Fair Employment and Housing because petitioner did not establish basis for attorney-client relationship to invoke privilege. |
Evidence |
|
P. Guerrero | Apr. 10, 2020 |
|
A157151
|
In re David C.
Juvenile court's order subjecting minor to electronics search condition was stricken because it failed reasonableness test under 'People v. Lent.' |
Juveniles |
|
T. Jackson | Apr. 10, 2020 |
|
A157151
|
Modification: In re David C.
Juvenile court's order subjecting minor to electronics search condition was stricken because it failed reasonableness test under 'People v. Lent.' |
Juveniles |
|
Apr. 10, 2020 | |
|
18-72922
|
Lopez-Marroquin v. Barr
Court denies release of appellant under All Writs Act and citing COVID-19 concerns |
Administrative Agencies |
|
Apr. 10, 2020 | |
|
17-17486
|
In re Facebook Inc. Internet Tracking Litigation
Because plaintiffs' data was not in electronic storage, plaintiffs' claims for relief under Stored Communications Act were insufficient. |
statutory_interpretation |
|
S. Thomas | Apr. 10, 2020 |
|
D074647
|
People v. Williams
Defendant's motion to dismiss parole revocation was properly denied because defendant's convictions were for serious and violent felonies under Penal Code Section 3008.08. |
Criminal Law and Procedure |
|
P. Benke | Apr. 10, 2020 |
|
A153460
|
People v. Arce
Penal Code Section 190.2(a)(22) is not unconstitutionally vague because it defines 'activity' through reference to Section 186.22(f) and implicitly specifies necessary state of mind. |
Criminal Law and Procedure |
|
G. Sanchez | Apr. 10, 2020 |
|
B292411
|
People v. The North River Insurance Co.
Failure to consider defendant's ability to pay under 'In re Humphrey' results in, at best, a voidable, not void, bail order. |
Civil Procedure |
|
B. Hoffstadt | Apr. 10, 2020 |
|
A155111
|
Jennifer K. v. Shane K.
Domestic Violence Restraining Order correctly denied because punching refrigerator did not place appellant in reasonable apprehension of serious bodily harm. |
Family Law |
|
J. Kline | Apr. 9, 2020 |
|
B294872
|
Ducksworth v. Tri-Modal Distribution Services
Staffing companies are not liable for harassment with which they were entirely uninvolved. |
Employment Discrimination |
|
J. Wiley | Apr. 9, 2020 |
|
B294732
|
Communities for a Better Environment v. South Coast Air Quality Management District
Agency's choice of using near-peak baseline was sound because it followed the practice of the federal Environmental Protection Agency. |
Environmental Law |
|
J. Wiley | Apr. 9, 2020 |
|
G056951
|
Tubbs v. Berkowitz
Successor trustee's power of appointment enabled him to act in non-fiduciary capacity, thus permitting him to transfer trust assets to himself. |
probate_and_trusts |
|
R. Ikola | Apr. 9, 2020 |
|
18-55834
|
Stirling v. Minasian
JAG attorney was entitled to remove case to federal court as a 'person acting under' an officer of the United States. |
Civil Procedure |
|
M. Schroeder | Apr. 9, 2020 |
|
17-17037
|
Galaza v. Wolf
Because plaintiff voluntarily dismissed remaining claims without district court participation, decision was not final for purposes of conferring jurisdiction under 28 U.S.C. Section 1291. |
Civil Procedure |
|
J. Choe | Apr. 9, 2020 |
|
B298132
|
Brooks v. AmeriHome Mortgage Company, LLC
A single representative claim under PAGA cannot be split into an arbitrable individual claim and a nonarbitrable representative claim. |
Arbitration |
|
M. Tangeman | Apr. 9, 2020 |
|
B302119
|
Garcia v. Superior Court (People)
Petitioner's preliminary hearing was not held within 10-day period under Penal Code Section 859b, mandating dismissal of amended complaint against him. |
Criminal Law and Procedure |
|
L. Zelon | Apr. 9, 2020 |
|
19A1016
|
Republican National Committee v. Democratic National Committee
The court decides on a Wisconsin lawsuit over absentee ballots during the COVID-19 pandemic. |
Administrative Agencies |
|
Apr. 8, 2020 | |
|
C088227
|
In re J.H.
Restitution orders imposed in delinquency proceedings are not subject to 10-year enforcement period of Code of Civil Procedure Section 683.020. |
Juveniles |
|
J. Renner | Apr. 8, 2020 |
|
D074098
|
People v. Williams
Risk of recidivism provides a rational basis for differential treatment of violent felony sex offenders sentenced under the one-strike law. |
Criminal Law and Procedure |
|
P. Benke | Apr. 8, 2020 |
|
D074654
|
Ruiz v. County of San Diego
Use of private land for public purposes alone was not enough to constitute implied acceptance of drainage easement. |
Real Property |
|
R. Huffman | Apr. 8, 2020 |