| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S255262
|
Sass v. Cohen
Order |
|
May 24, 2019 | ||
|
S247074
|
In re Webb
Trial courts possess inherent authority to impose reasonable bail conditions related to public safety on felony defendants who are released on monetary bail. |
Criminal Law and Procedure |
|
M. Chin | May 24, 2019 |
|
S127621
|
People v. Erskine
Evidence of defendant's prior rape and murder convictions were admissible under Evidence Code Section 1108 due to numerous similarities with the highly inflammatory charged crimes. |
Criminal Law and Procedure |
|
G. Liu | May 24, 2019 |
|
S153881
|
People v. Rivera
Defendant specifically intended murder of police officer to benefit and promote gang where officer led investigation into gang, defendant had personally interacted with officer, and bullet matched firearm used in prior gang shooting. |
Criminal Law and Procedure |
|
G. Liu | May 24, 2019 |
|
17-1256
|
In Re David Mrdutt and Christina Mrdutt
Chapter 13 debtor's direct payments to creditors under the plan were 'payments under the plan' for Section 1328(a) discharge purposes and Section 1329(a) post-confirmation plan modifications. |
Bankruptcy |
|
J. Brand | May 23, 2019 |
|
B268380
|
Han v. Hallberg
Trust is a 'person' that may associate in a partnership under Uniform Partnership Act; thus, buyout provisions under dentists' partnership agreement not triggered because trust was partner and not dentist, as individual. |
probate_and_trusts |
|
E. Grimes | May 23, 2019 |
|
E069671
|
Shalabi v. City of Fontana
If minor has 42 U.S.C. Section 1983 cause of action, statute of limitations begins to run on minor's 18th birthday; thus, trial court erred in finding that plaintiff's complaint was time barred. |
Civil Procedure |
|
D. Miller | May 23, 2019 |
|
15-72406
|
Lorenzo Lopez v. Barr
Notice to Appear did not contain time and place of removal proceedings; thus, Notice to Appear was defective and did not stop time under 8 U.S.C. Section 1229(a). |
Immigration |
|
E. Korman | May 23, 2019 |
|
16-15588
|
Board of Trustees Glazing Health v. Chambers
Order |
|
May 23, 2019 | ||
|
D073992
|
People v. Astorga-Lider
Deed of trust was a forgery void ab initio because signing fraudulent home loan scheme victims believed the documents were substantially different and had no intention of encumbering the property. |
Criminal Law and Procedure |
|
R. Huffman | May 23, 2019 |
|
B281864
|
B.H v. Manhattan Beach School District
Department of Children and Family Services not 'noneducational public agency' under Education Code Section 56155; thus, providing financial assistance to special needs child did not absolve School District's responsibility for funding. |
Education |
|
T. Willhite | May 22, 2019 |
|
18-938
|
Ritzen Group Inc. v. Jackson Masonry Inc.
Order |
|
May 22, 2019 | ||
|
17-1348
|
Nevada Dept. of Wildlife v. Smith
Order |
|
May 22, 2019 | ||
|
G054545
|
Taulbee v. EJ Distribution Corp.
Trial court properly declined to give proposed negligence per se instruction with respect to defendant's driving into gore point because that particular violation of Vehicle Code Section 21651 did not proximately cause collision. |
Torts |
|
R. Aronson | May 22, 2019 |
|
15-16430
|
Perez v. City of Roseville
Precedent was not so clear that every reasonable official would understand terminating plaintiff due to her extramarital relationship with a fellow police officer violated her constitutional right to privacy. |
Constitutional Law |
|
S. Ikuta | May 22, 2019 |
|
A152188
|
People v. Grandberry
Defendant failed to explain or deny incriminating fact that was within his knowledge to address; thus, jury instruction pursuant to CALCRIM No. 361 was not error. |
Criminal Law and Procedure |
|
G. Sanchez | May 22, 2019 |
|
D073522
|
Citizens Oversight v. Vu
The California Public Records Act, through Election Code Sections 15370 and 17301, specifically and clearly protected ballots from public disclosure, so the court was bound by the provisions' plain meaning. |
statutory_interpretation |
|
P. Benke | May 22, 2019 |
|
G056530
|
Richard Molina v. The Superior Court of Orange County
A superior court judge cannot mandate another superior court judge to vacate a judgment; thus, the writ of mandamus is denied. |
Criminal Law and Procedure |
|
K. O'Leary | May 21, 2019 |
|
17-1657
|
Mission Product Holdings, Inc. v. Tempnology, LLC
Bankruptcy debtor's rejection of an executory contract under Bankruptcy Code Section 365 had the same effect as breach of the contract outside bankruptcy, and rejection did not rescind previously-granted rights. |
Bankruptcy |
|
E. Kagan | May 21, 2019 |
|
D073865
|
Modification: People v. Carter
Multiple punishments were justified under Penal Code Section 654 when it was reasonable to find defendant's objective in robbing victim was independent of his objective in murdering him. |
Criminal Law and Procedure |
|
P. Guerrero | May 21, 2019 |
|
16-35506
|
Murray v. BEJ Minerals
Order |
|
May 21, 2019 | ||
|
A152557
|
People v. Reyes
Trial court abused discretion by excluding as unreliable confession by co-defendant that firearm in question belonged to him, especially when confession had provided support for earlier case against that co-defendant. |
Criminal Law and Procedure |
|
M. Miller | May 21, 2019 |
|
15-72792
|
Jose Alanniz v. William Barr
Petitioner's parole did not qualify as an 'admission' under 8 U.S.C. Section 1229b(a), and petitioner's conviction within seven years of obtaining lawful permanent resident status made him ineligible for cancellation of removal. |
Immigration |
|
C. Callahan | May 21, 2019 |
|
17-532
|
Herrera v. Wyoming
Tribe's hunting rights under Treaty did not expire upon Wyoming's statehood; thus, judgment of state appellate court vacated. |
Native American Affairs |
|
S. Sotomayor | May 21, 2019 |
|
E068719
|
Barber v. CA State Personnel Bd.
Appellant not entitled to increased tax liability recovery under Government Code Section 19584 caused by receiving lump sum of back pay award for improper termination of employment. |
Government |
|
C. Codrington | May 21, 2019 |
|
C086204
|
Paxton v. Bd. of Admin., CalPERS
Department of Social Services consultant's bonuses were not pensionable because they meant to compensate for additional work outside regular duties, despite completion of the extra work within normal work hours. |
Administrative Agencies |
|
J. Renner | May 21, 2019 |
|
17-290
|
Merck Sharp & Dohme Corp. v. Albrecht
Court of Appeals treated pre-emption question as one of fact, not law, and it did not have an opportunity to consider fully the standards described; thus, judgment vacated and remanded. |
Consumer Law |
|
S. Breyer | May 21, 2019 |
|
A150250
|
People v. Montiel
The plain language and structure of Penal Code Section 1202.4(k)(3) led to conclusion that parents of children who are sexually abused may be awarded restitution for noneconomic losses. |
Criminal Law and Procedure |
|
J. Humes | May 20, 2019 |
|
H044238
|
People v. Jimenez
Defendant's due process rights were violated when trial court imposed terms of 25 years to life based on unpleaded sentencing enhancements, of which defendant was not put on notice. |
Criminal Law and Procedure |
|
M. Greenwood | May 20, 2019 |
|
B291670
|
People v. Smith
Penal Code Section 1381 does not apply to a probation violation proceeding in which defendant was previously sentenced to a specific term, but execution of that sentence was suspended. |
Criminal Law and Procedure |
|
B. Hoffstadt | May 20, 2019 |