| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
18-16692
|
Park v. City and County of Honolulu
Section 1983 action requires plausible facts showing sufficient indicia of officer's display of state authority to conclude that they acted in official capacity. |
Civil Rights |
|
P. Watford | Mar. 16, 2020 |
|
F076295
|
People v. Lopez
Although defendant presented meritorious argument with regard to his conspiracy conviction under Penal Code Section 182.5, the count was modified to conform to jury's findings. |
Criminal Law and Procedure |
|
R. Peña | Mar. 16, 2020 |
|
D076200
|
People v. Henderson
Penal Code Section 1387's purpose is to prohibit the refiling and pursuit of previously-dismissed charges, not convictions once charges are already brought. |
Criminal Law and Procedure |
|
T. O'Rourke | Mar. 16, 2020 |
|
19-1118
|
In re: Teina Mari Lionetti
Once debtor establishes elements under Bankruptcy Code Section 523(d), creditor must show there was substantial justification in pursuing its claim. |
Bankruptcy |
|
W. Lafferty | Mar. 13, 2020 |
|
A155903
|
People ex rel. Becerra v. Shine
Refusing to reduce Attorney General's attorney fees was proper because Attorney General proved seven out of 19 allegations, successfully removed appellant as trustee, and proved appellant was grossly negligent. |
Civil Procedure |
|
B. Jones | Mar. 13, 2020 |
|
A157609
|
County of Humboldt v. Appellate Division of the Superior Court of Humboldt County
Superior court order resolving de novo appeal in unlimited civil mater under Government Code 53069.4 is a final judgment appealable to an intermediate appellate court. |
Government |
|
G. Sanchez | Mar. 13, 2020 |
|
S246911
|
Kim v. Reins International California Inc.
Settlement of individual claims does not strip aggrieved employee of standing as the state's authorized representative to pursue PAGA remedies. |
statutory_interpretation |
|
C. Corrigan | Mar. 13, 2020 |
|
S259954
|
Milton (William) on H.C.
Order |
|
Mar. 13, 2020 | ||
|
18-16708
|
Barranco v. 3D Systems Corp.
District court did not abuse its discretion when it excluded evidence of plaintiff's arbitration award as irrelevant and unduly prejudicial. |
Evidence |
|
M. Smith | Mar. 13, 2020 |
|
18-56513
|
Allied Professionals Insurance Company v. Anglesey
Washington state anti-arbitration statute was preempted by Federal Liability Risk Retention Act of 1986 as applied to risk retention groups chartered in another state. |
Constitutional Law |
|
R. Clifton | Mar. 13, 2020 |
|
A156525
|
Modification: Fowler v. City of Lafayette
Pursuant to Ralph M. Brown Act, litigation threats must be reduced to writing and included in agenda materials made available to public but because plaintiffs suffered no prejudice, judgment was affirmed. |
Administrative Agencies |
|
A. Tucher | Mar. 13, 2020 |
|
D076494
|
Modification: People v. Superior Court (Quarles)
A Sexually Violent Predator can only be conditionally released if a court of law determines they pose no danger to others in the community. |
Criminal Law and Procedure |
|
R. Huffman | Mar. 13, 2020 |
|
B292613
|
Los Angeles Leadership Academy v. Prang
Charter Schools Act does not suggest that charter schools are to be treated as public school districts for taxation purposes. |
Tax |
|
E. Grimes | Mar. 12, 2020 |
|
B279155
|
Alexander v. Community Hospital of Long Beach
Civil FEHA actions require exhaustion of administrative remedies even where defendant had actual notice of complaint and opportunity to participate in administrative processes. |
Employment Law |
|
G. Weingart | Mar. 12, 2020 |
|
B297181
|
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 | Mar. 12, 2020 |
|
C080065
|
People v. Lopez
Defendant's motion to suppress blood test results properly denied because defendant voluntarily consented to test after receiving admonitions and did not object or resist. |
Criminal Law and Procedure |
|
H. Hull | Mar. 12, 2020 |
|
18-36071
|
Mai v. U.S.
Prohibiting people whom state court committed involuntarily to mental institution from bearing arms was a reasonable fit with government's important interest in reducing gun violence. |
Constitutional Law |
|
S. Graber | Mar. 12, 2020 |
|
B295439
|
Victrola 89, LLC v. Jaman Properties 8 LLC
Parties may not use California law to circumvent an agreement to arbitrate under the FAA when the FAA has been incorporated into the agreement. |
Arbitration |
|
N. Manella | Mar. 12, 2020 |
|
H043870
|
People v. Garcia
Defendant's felony murder special circumstance finding was reversed because prosecutor had to prove beyond reasonable doubt that defendant 'personally killed' victim. |
Criminal Law and Procedure |
|
A. Danner | Mar. 11, 2020 |
|
18-1259
|
Jones v. Mississippi
Order |
|
Mar. 11, 2020 | ||
|
19-566
|
Pierson v. U.S.
Order |
|
Mar. 11, 2020 | ||
|
16-56057
|
Skidmore v. Led Zeppelin
Under the 1909 Copyright Act, protection was circumscribed to the material actually deposited and nothing else could be used to show substantial similarity. |
Copyright |
|
M. McKeown | Mar. 10, 2020 |
|
18-35923
|
McAdory v. DNF Associates
Entity that meets 'principal purpose' definition of debt collector cannot avoid liability merely by hiring a third party to collect its debt. |
Consumer Law |
|
M. Christen | Mar. 10, 2020 |
|
F077887
|
County of Kern v. Alta Sierra Holistic etc.
Elections Code Section 9145, requiring county to 'entirely repeal ordinance' when valid referendum petition protesting ordinance was received, was not violated because there was a material change in regulation of marijuana dispensaries. |
statutory_interpretation |
|
D. Franson | Mar. 10, 2020 |
|
A157143
|
Facebook, Inc. v. Super. Ct.
Social media providers may defend against criminal subpoenas by either establishing an unjustified burden to produce or that the information is obtainable by other means. |
statutory_interpretation |
|
G. Burns | Mar. 10, 2020 |
|
E070980
|
People v. Cervantes
Penal Code Section 1170.95's new felony murder definition is not automatic, rather the petitioning process is the exclusive means to seek relief under Senate Bill 1437. |
Criminal Law and Procedure |
|
M. Slough | Mar. 10, 2020 |
|
A152603
|
People v. Graves
Trial court correctly determined that defendant should be punished under Penal Code Section 647.6(c)(2) based on his prior convictions because two prior felony convictions authorized court to impose four-year sentence on defendant. |
statutory_interpretation |
|
P. Siggins | Mar. 10, 2020 |
|
Modification: Summer J. v. United States Baseball Federation
Stadium owners have a duty to take reasonable measures that would increase safety and minimize inherent risks without altering the nature of the game. |
Torts |
|
Mar. 10, 2020 | ||
|
19A976
|
Woods v. Dunn
Order |
|
Mar. 9, 2020 | ||
|
D074442
|
Matson v. S.B.S. Trust Deed Network
A party is not entitled to rescission of nonjudicial foreclosure sale absent evidence of irregularity, fraud or unfairness in nonjudicial foreclosure notice and sale proceedings. |
Real Property |
|
P. Benke | Mar. 9, 2020 |