Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
19-15658
|
Foothill Church v. Watanabe
Order |
|
Jul. 20, 2021 | ||
20-35222
|
Kennedy v. Bremerton School District
Order |
|
Jul. 20, 2021 | ||
D077384
|
Champir, LLC v. Fairbanks Ranch Association
Determination of who is prevailing party requires ascertaining proper litigation objective. |
Attorneys |
|
T. Do | Jul. 19, 2021 |
F078442
|
People v. Pinedo
Defendant was entitled to have his 'narcotics offender' registration struck under plain language of the newly enacted Assembly Bill No. 1261. |
Criminal Law and Procedure |
|
K. Meehan | Jul. 19, 2021 |
A161195
|
People v. Mount
Application to designate felony conviction as misdemeanor on behalf of deceased defendant is moot where there is no showing that granting petition would provide any effective relief. |
Criminal Law and Procedure |
|
J. Humes | Jul. 19, 2021 |
19-15222
|
Lemos v. County of Sonoma
District court properly dismissed 42 U.S.C. Section 1983 excessive force claim after jury convicted plaintiff of resisting, obstructing, or delaying peace officer. |
Civil Rights |
|
I. Lemelle | Jul. 19, 2021 |
19-56516
|
Agendia v. Becerra
Medicare Act's notice-and-comment provision did not apply to local coverage determinations because such determinations did not establish or change substantive legal standard. |
Health Care |
|
M. Friedland | Jul. 19, 2021 |
20-30201
|
United States v. Williams
Term by which Washington offense is punishable is limited by upper bound of its mandatory guidelines range. |
Criminal Law and Procedure |
|
E. Miller | Jul. 19, 2021 |
B303797
|
Modification: Remedial Construction Services v. Aecom
Subcontract's incorporation of voluminous contract containing arbitration agreement between other parties was insufficient to subject parties to arbitration. |
Arbitration |
|
S. Perren | Jul. 19, 2021 |
19-36020
|
Doe # 1 v. Biden
Order |
|
Jul. 19, 2021 | ||
20-10004
|
United States v. Valdez-Lopez
District court did not act vindictively in resentencing defendant to longer term of imprisonment where it granted defendant's motion to vacate his conviction, and where two sentences were imposed by different judges. |
Criminal Law and Procedure |
|
E. Miller | Jul. 19, 2021 |
G059146
|
People v. Lopez
Trial counsel failed to provide defendant with accurate and affirmative advice about immigration consequences of his plea agreement. |
Criminal Law and Procedure |
|
E. Moore | Jul. 16, 2021 |
G059223
|
Struiksma v. Ocwen Loan Servicing, LLC
Wrongful foreclosure claims were not precluded by prior unlawful detainer action under Code of Civil Procedure Section 1161a. |
Civil Procedure |
|
E. Moore | Jul. 16, 2021 |
19-17596
|
Lil' Man in the Boat v. City & Cnty. of San Francisco
There is no indication that Congress intended private right of action in Rivers and Harbors Act Section 5(b)(2). |
Civil Rights |
|
M. Christen | Jul. 16, 2021 |
20-55764
|
Lund v. Cowan
Any claim challenging judge's in-court statement suggesting trust beneficiary has Down syndrome was barred by judicial immunity. |
Judges |
|
K. Lee | Jul. 16, 2021 |
19-16618
|
Moore v. Trader Joe's
No deceptive marketing where other available information about product would flag reasonable consumer that product is not 100 percent as stated. |
Consumer Law |
|
K. Wardlaw | Jul. 16, 2021 |
S259172
|
Ferra v. Loews Hollywood Hotel, LLC
Like regular rate of pay, regular rate of compensation includes all nondiscretionary payments, not just hourly wages. |
Employment Law |
|
G. Liu | Jul. 16, 2021 |
B295666M
|
Modification: Briley v. City of West Covina
Former employee need not exhaust administrative remedies when final administrative decisionmaker is personally and antagonistically involved. |
Administrative Agencies |
|
N. Manella | Jul. 16, 2021 |
S135272
|
People v. Dworak
There was no prosecutorial misconduct when prosecutor used hyperbolic language to describe defendant's expert witness at closing arguments. |
Criminal Law and Procedure |
|
G. Liu | Jul. 16, 2021 |
C088889
|
People v. Potter
'Miranda' advisements were not required for defendant who voluntarily went to police station to take polygraph examination, was told he was free to leave, and was not arrested after confessing. |
Criminal Law and Procedure |
|
A. Hoch | Jul. 15, 2021 |
20-17270
|
E.E. v. Norris School District
District court properly found that administrative law judge's stay put placement under Individuals with Disabilities Education Act was void. |
Education |
|
L. VanDyke | Jul. 15, 2021 |
18-56359
|
Khachatryan v. Blinken
U.S. citizen adult child does not have protected liberty interest to bring alien parent into U.S. |
Immigration |
|
D. Collins | Jul. 15, 2021 |
G059446
|
People ex rel. Allstate Insurance Co. v. Rubin
Medical reports and bills in support of insurance claims were defendant's usual course of business and may not have resulted in litigation; thus, trial court properly denied defendant's anti-SLAPP motion. |
Anti-SLAPP |
|
E. Moore | Jul. 14, 2021 |
D076708
|
Mai v. HKT Cal, Inc.
Attorney invoices can be used to corroborate plaintiff's testimony that amount billed was paid and as evidence of amount's reasonability. |
Evidence |
|
W. Dato | Jul. 14, 2021 |
18-73062
|
Lalayan v. Garland
Immigration Judge provided specific and cogent reasons for finding petitioner's testimony implausible. |
Immigration |
|
J. Wallace | Jul. 14, 2021 |
20-15241
|
Social Technologies v. Apple
Because plaintiff did not engage in bona fide use of mark in commerce, its trademark registration was invalid. |
Intellectual Property |
|
J. Restani | Jul. 14, 2021 |
E074907
|
People v. Stewart
'Romero' motion cannot be used to bypass Penal Code Section 1170.91 determinate sentence requirement. |
Criminal Law and Procedure |
|
M. Ramirez | Jul. 13, 2021 |
19-30006
|
U.S. v. Bastide-Hernandez
Jurisdiction of immigration court to enter order of removal vests upon filing of Notice to Appear, even one that does not inform alien of time, date, and location of hearing. |
Immigration |
|
D. Boggs | Jul. 13, 2021 |
20-71480
|
National Labor Relations Board v. Nexstar Broadcasting Inc.
Collective bargaining agreement must explicitly provide for survival of expired contract rights. |
Labor Law |
|
A. Hurwitz | Jul. 13, 2021 |
19-70386
|
B.R. v. Garland
Improper service of Notice to Appear on minor-alien released from DHS custody was cured when DHS later perfected service by re-serving his attorney before substantive removal proceedings began. |
Immigration |
|
C. Bea | Jul. 13, 2021 |