| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
19-70522
|
In Re: Williams-Sonoma Inc.
Seeking discovery of name of class member is not relevant within meaning of Federal Rule of Civil Procedure 26(b)(1); thus, district court clearly erred when it ordered the discovery in question. |
Civil Procedure |
|
F. Fernandez | Jan. 14, 2020 |
|
B290492
|
Blizzard Energy, Inc. v. Schaefers
Kansas Court of Appeals decision affirming jury's verdict against appellant moots his appeal based on res judicata principles. |
Civil Procedure |
|
K. Yegan | Jan. 14, 2020 |
|
B294553
|
People v. Parker
The Mentally Disordered Offender Act extends prisoners' custody time for good cause, by conducting inmates' mental health evaluations to prevent potential threats to public safety. |
statutory_interpretation |
|
M. Tangeman | Jan. 14, 2020 |
|
B295284
|
In re M.B.
An analysis of restitution fines under Penal Code Section 1202.4 is inapplicable to restitution fines imposed in juvenile court under Welfare and Institutions Code Section 730.6. |
Juveniles |
|
K. Yegan | Jan. 14, 2020 |
|
17-1529
|
Clearstream Banking S.A. v. Peterson
Order |
|
Jan. 14, 2020 | ||
|
17-1530
|
Banca UBAE, S.P.A. v. Peterson
Order |
|
Jan. 14, 2020 | ||
|
17-1534
|
Bank Markazi v. Peterson
Order |
|
Jan. 14, 2020 | ||
|
18-9325
|
Jefferson v. U.S.
Order |
|
Jan. 14, 2020 | ||
|
B291112
|
Bingener v. City of Los Angeles
'Going and coming rule' under respondeat superior theory prevented employer from being held vicariously liable when employee hit and killed pedestrian while driving to work in his personal vehicle. |
Torts |
|
A. Jones | Jan. 13, 2020 |
|
A152284
|
People v. Harper
'Williamson rule' did not bar defendants convictions because general statute contemplated more culpable conduct than special statute. |
Criminal Law and Procedure |
|
M. Miller | Jan. 13, 2020 |
|
18-35920
|
Planned Parenthood v. U.S. Dept. of Health & Human Services
The 2018 Tier 1 Funding Opportunity Announcement that described criteria for grant selection under Teen Pregnancy Prevention Program was contrary to law. |
Administrative Agencies |
|
R. Gould | Jan. 13, 2020 |
|
A156720
|
Modification: People v. Blanchard
'In re Sade C.' determines if appeal from an incompetency finding and civil commitment is warranted where defense counsel asserts there are no arguable appellate issues. |
Criminal Law and Procedure |
|
P. Siggins | Jan. 10, 2020 |
|
B288886
|
Dignity Health v. Local Initiative Health Care Authority
Under Welfare and Institutions Code Section 14105.28, healthcare providers may only be reimbursed at state-set reimbursement rates after providing post-emergency stabilization treatment to Medi-Cal patients. |
Health Care |
|
H. Bendix | Jan. 10, 2020 |
|
B293857
|
Shayan v. Spine Care and Orthopedic Physicians
Where case tried on merits absent defendants may not avail themselves of statute that grants relief to clients of attorneys whose mistakes cause default judgments. |
Civil Procedure |
|
J. Wiley | Jan. 10, 2020 |
|
B292976
|
People v. Venegas
Courts have discretion to refuse to strike firearm enhancements based on the requesting party's criminal record or where there's no good cause to strike. |
Evidence |
|
J. Wiley | Jan. 9, 2020 |
|
B294336
|
In re L.W.
An issued three-year restraining order is a reasoned and reasonable response to minors being sexually assaulted at high school football game by delinquent. |
Juveniles |
|
S. Perren | Jan. 9, 2020 |
|
B296605
|
People v. Cornelius
To file a petition for resentencing, a defendant must meet all three conditions under Penal Code Section 1170.95(a). |
Criminal Law and Procedure |
|
M. Tangeman | Jan. 9, 2020 |
|
A155523
|
Warwick California Corp. v. Applied Underwriters
A Statement of Decision issued by the superior court is generally not a final judgment and thus not appealable; the losing party must wait until final judgment to appeal. |
Civil Procedure |
|
A. Tucher | Jan. 9, 2020 |
|
B280526
|
Serova v. Sony Music Entertainment
Appellants' challenged statements that Michael Jackson was the lead singer on three tracks of his posthumous album were sufficiently connected to an issue of public interest to warrant anti-SLAPP protection. |
Anti-SLAPP |
|
E. Lui | Jan. 9, 2020 |
|
C086645
|
People v. Roles
A record affirmatively showing defendant acknowledged his right to a jury with extensive conversations with defense counsel is a knowing and intelligent waiver. |
Criminal Law and Procedure |
|
R. Robie | Jan. 9, 2020 |
|
G058416
|
O.C. v. Superior Court (Orange)
A state court's Special Immigrant Juvenile findings must reflect that the minor is found dependent under state law; an order that only cites to federal law is incomplete and insufficient. |
Immigration |
|
K. Dunning | Jan. 9, 2020 |
|
B293881
|
People v. Taylor
Victim being forced to move a few paces into an alleyway does not constitute 'asportation' for kidnapping to commit robbery purposes. |
Criminal Law and Procedure |
|
Jan. 8, 2020 | |
|
A158129
|
Andrew M. v. Superior Court (Contra Costa)
A Proposition 57 hearing not is considered a 'new trial' for defendant's juvenile murder conviction when sentence remanded to juvenile court because no adjudication. |
Juveniles |
|
B. Jones | Jan. 8, 2020 |
|
B295998
|
People v. Lewis
A trial court may look into the prior appellate record to determine if a petitioner is eligible for re-sentencing of natural and probable consequences murder convictions abolished by SB 1437. |
Criminal Law and Procedure |
|
F. Rothschild | Jan. 8, 2020 |
|
B292788
|
Bom v. Superior Court (Los Angeles)
Social worker nonfeasance in the face of a child's murder by his abusive parents does not support a charge of felony child abuse against a social worker under Penal Code 273a. |
Criminal Law and Procedure |
|
F. Rothschild | Jan. 8, 2020 |
|
18-55914
|
Park v. Barr
Lower court erred in interpreting 'domicile' when rejecting alien's naturalization application because 8 U.S.C. Section 1101 is the controlling authority. |
Immigration |
|
J. Farris | Jan. 8, 2020 |
|
B292747
|
Sachs v. Sachs
Transferor's contemporaneous record which kept track of amounts he distributed to beneficiaries satisfied requirements of Probate Code Section 21135. |
probate_and_trusts |
|
M. Tangeman | Jan. 8, 2020 |
|
B293472
|
Dalessandro v. Mitchell
There is no requirement that a party meet and confer with an opposing party to alert the party to defects in discovery requests. |
Civil Procedure |
|
T. Bigelow | Jan. 7, 2020 |
|
B292450
|
People v. Palomar
A reasonable jury could find defendant's act of threats and fatally knocking the victim down unconscious, satisfied the elements for implied malice murder. |
Criminal Law and Procedure |
|
K. Yegan | Jan. 7, 2020 |
|
17-15983
|
Ridgeway v. Walmart
A putative class action case remains live as long as some plaintiffs continue to have an active dispute with the defendant; absent a dismissal, the case is not moot. |
Constitutional Law |
|
E. Siler | Jan. 7, 2020 |