Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
19-8709
|
Greer v. U.S.
'Rehaif' error is not basis for plain error relief unless defendant makes sufficient argument that he would have presented evidence at trial that he did not know know he was a felon. |
Criminal Law and Procedure |
|
B. Kavanaugh | Jun. 15, 2021 |
B302772
|
RMR Equipment Rental, Inc. v. Residential Fund 1347, LLC
Trial court's damages award should have been from date of breach to date of trial because contract was not terminable at will due to its express duration provision. |
Contracts |
|
J. Wiley | Jun. 15, 2021 |
C090663
|
Hulbert v. Cross
Trial court did not understand nature of its discretion to safeguard indigent inmate's right of access to courts. |
Prisoners' Rights |
|
A. Hoch | Jun. 15, 2021 |
G057502
|
People v. Gonzalez
Trial court determined defendant made prima facie showing of eligibility under Penal Code Section 1170.95, but skipped issuing order to show cause and engaged in improper factfinding. |
Criminal Law and Procedure |
|
K. O'Leary | Jun. 15, 2021 |
H043738
|
People v. Roberts
Trial court did not err in denying defendant's objection to prosecutor's peremptory challenge because prosecutor's explanation was plausible and supported by the record. |
Criminal Law and Procedure |
|
A. Grover | Jun. 15, 2021 |
20-15272
|
Hansen v. LMB Mortgage Services, Inc.
Federal Arbitration Act Section 4 requires court to proceed summarily to trial when existence of agreement to arbitrate is in issue rather than deny motion to compel arbitration. |
Arbitration |
|
S. Ikuta | Jun. 14, 2021 |
20-70587
|
Soto-Soto v. Merrick Garland
There was no clear error in granting Convention Against Torture relief because petitioner was tortured by Mexican police and was more likely than not to suffer future torture if removed. |
Immigration |
|
M. Smith | Jun. 14, 2021 |
19-10133
|
United States v. Charley
There was no logical connection between prior incidents and charged assault other than implication that defendant has propensity for violence. |
Evidence |
|
C. Bea | Jun. 14, 2021 |
19-35807
|
Yakama Nation v. Klickitat County
Treaty between United States and Native American Tribe was naturally understood to include tract that partially overlaps with County within reservation. |
Native American Affairs |
|
M. Friedland | Jun. 14, 2021 |
A158179
|
Amended Opinion: People v. Hardy
Defendant's conviction reversed because trial court erred in admitting Shotspotter evidence without first holding 'Kelly/Frye' hearing. |
Evidence |
|
T. Stewart | Jun. 11, 2021 |
D077095
|
Amended Opinion: People v. Jackson
Penal Code Section 3051 excludes persons between ages of 18-25 sentenced to life without possibility of parole from youth parole hearings and there is a rational basis for that exclusion. |
statutory_interpretation |
|
P. Benke | Jun. 11, 2021 |
19-5410
|
Borden v. U.S.
Offenses with 'mens rea' of recklessness not do not qualify as violent felonies under Armed Career Criminal Act. |
Criminal Law and Procedure |
|
E. Kagan | Jun. 11, 2021 |
20-60006
|
In re Albert
'Law v. Stiegel' did not prevent bankruptcy court from giving preclusive effect to final judgment that dismissed debtor's exemptions. |
Bankruptcy |
|
C. Callahan | Jun. 11, 2021 |
B304853
|
People v. Collins
Prosecutor erroneously misstated law for robbery by telling jury, 'the law uses an objective standard' for evaluating fear, when the law instead has uniformly adopted a subjective standard. |
Criminal Law and Procedure |
|
B. Hoffstadt | Jun. 11, 2021 |
B302627
|
Modification: Phipps v. Copeland Corporation
Defendant did not meet its burden of establishing its percentage of comparative fault could not be as large as 60 percent. |
Remedies |
|
J. Segal | Jun. 11, 2021 |
A157529
|
People v. Richardson
Trial court acted in excess of its authority when it allowed defendant to plead no contest to human trafficking of minor, despite victim being 27 years old. |
Criminal Law and Procedure |
|
T. Jackson | Jun. 11, 2021 |
A157633
|
People v. Bankers Insurance Co.
Trial court's right to enter summary judgment against surety expired because it did not enter it before 90 day period, pursuant to Penal Code Section 1306(c). |
Criminal Law and Procedure |
|
M. Miller | Jun. 11, 2021 |
A162060
|
J.J. v. Superior Court (People)
Minor's continued confinement after juvenile court found that minor had not attained competence at end of 12-month statutory remediation period violated Welfare and Institutions Code Section 709. |
Juveniles |
|
H. Needham | Jun. 10, 2021 |
F078400
|
Moreno v. Bassi
When Labor Code Section 1194 and Code of Civil Procedure Section 1031 overlap, Labor Code Section 1194 controls because it is more specific and its attorney fees provision is more recently enacted. |
statutory_interpretation |
|
D. Franson | Jun. 10, 2021 |
G058363
|
People v. Soriano
Gang expert's opinion that defendant's crime of carrying concealed knife was for benefit of, or in association with, gang was speculative. |
Criminal Law and Procedure |
|
E. Moore | Jun. 10, 2021 |
G058873
|
Sales v. City of Tustin
Trial court incorrectly found that 30-day safe harbor to refile state law claims afforded by 28 U.S.C. Section 1367(d) began to run from date of district court's judgment, rather than after appeal. |
Civil Procedure |
|
T. Goethals | Jun. 10, 2021 |
D077409
|
Severin Mobile Towing, Inc. v. JPMorgan Chase
Bank defendant could not assert California Uniform Commercial Code Section 3405 defense because it did not address manner in which employee fraudulently indorsed employer's checks. |
Torts |
|
J. Haller | Jun. 10, 2021 |
19-30202
|
U.S. v. Harris
Because there was no evidence that defendant exercised control over codefendant, district court abused its discretion in applying leadership enhancement under U.S.S.G. Section 3B1.1(c). |
Criminal Law and Procedure |
|
M. McKeown | Jun. 10, 2021 |
18-15498
|
Ford v. Peery
Federal court was required to give deference to state court findings under Antiterrorism and Effective Death Penalty Act, despite prosecutor's misstatement of law. |
Criminal Law and Procedure |
|
W. Fletcher | Jun. 9, 2021 |
15-72406
|
Lorenzo Lopez v. Garland
Order |
|
Jun. 9, 2021 | ||
16-17197
|
Federal Trade Commission v. AMG Capital Management
Order |
|
Jun. 9, 2021 | ||
D077652
|
Modification: San Diegans for Open Government v. Fonseca
Plaintiff lacked standing because it failed to establish that it, or its member who qualified as 'resident,' paid tax that funded local agency one year prior to commencement of action. |
Civil Procedure |
|
P. Benke | Jun. 9, 2021 |
20-896
|
Graham v. Barnette
Order |
|
Jun. 8, 2021 | ||
20-828
|
FBI v. Fazaga
Order |
|
Jun. 8, 2021 | ||
20-315
|
Sanchez v. Mayorkas
Temporary Protected Status recipient who entered United States unlawfully is not eligible under 8 U.S.C. Section 1255 for Lawful Permanent Resident status. |
Immigration |
|
E. Kagan | Jun. 8, 2021 |