| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B304567
|
People v. Fortman
At Penal Code Section 1170.95(d) hearing, prosecution is required to prove to trial court beyond reasonable doubt that petitioner is guilty of murder under still-viable theory of liability. |
statutory_interpretation |
|
B. Hoffstadt | May 17, 2021 |
|
D076963
|
City of Calexico v. Bergeson
City's cross-appeal challenging terminated police officer's award of back pay dismissed as untimely since it was filed nearly four months after final judgment. |
Civil Procedure |
|
C. Aaron | May 17, 2021 |
|
F069302A
|
Stand Up for California! v. State of Cal.
California voters impliedly revoked Governor's concurrence to turn land into casino by voting 'No' on Proposition 48. |
Native American Affairs |
|
M. Smith | May 17, 2021 |
|
D076570
|
Dunning v. Johnson
Defendants' attorneys did not bring CEQA litigation with malice; thus, their anti-SLAPP motion should have been granted. |
Anti-SLAPP |
|
J. McConnell | May 17, 2021 |
|
A158662M
|
Modification: Oakland Police Officers' Assn. v. City of Oakland
Under Public Safety Officers Procedural Bill of Rights Section 3303(g), investigating agency's disclosure obligations should be guided by whether agency designates otherwise discoverable materials as confidential. |
Criminal Law and Procedure |
|
J. Humes | May 17, 2021 |
|
19-16636
|
Hardeman v. Monsanto
District court did not abuse its discretion in admitting International Agency for Research on Cancer's classification of glyphosate as 'probably carcinogenic.' |
Evidence |
|
R. Nelson | May 17, 2021 |
|
17-56324
|
Amended Opinion: CFPB v. Seila Law
Although for-cause removal provision of statute establishing Consumer Financial Protection Bureau violated separation of powers, CFPB's current Director expressly ratified agency's earlier decisions after she knew she could be removed. |
Constitutional Law |
|
May 17, 2021 | |
|
19-71930
|
A Community Voice v. USEPA
Environmental Protection Agency's 2019 Rule was remanded because it did not set lead-based paint hazard standards based on health risks but instead focused on additional factors, contrary to Congress's directive. |
Environmental Law |
|
M. Schroeder | May 17, 2021 |
|
E073174
|
Smith v. BP Lubricants USA Inc.
Employee's conduct of referring to African American employee as 'banana hands' during presentation when all non-African American employees and superiors laughed was extreme and outrageous. |
Torts |
|
C. Codrington | May 14, 2021 |
|
15-70636
|
Cheneau v. Garland
Second clause of derivative citizenship statute does not require lawful permanent residency to derive citizenship from naturalized parent, but child must have demonstrated objective official manifestation of permanent residence. |
Immigration |
|
S. Thomas | May 14, 2021 |
|
18-56509
|
United States v. Silveira
Defendant suffered no prejudice under ineffective assistance of counsel claim because he did not show that lawyer overlooked viable defense to the charges. |
Criminal Law and Procedure |
|
D. Collins | May 14, 2021 |
|
20-36044
|
Pizzuto v. Tewalt
Because death row plaintiffs claim that state's refusal to provide certain information violates their rights now, their claims were ripe. |
Criminal Law and Procedure |
|
M. Bennett | May 14, 2021 |
|
B297857
|
Larsen v. California Victim Compensation Board
Actual innocence finding coupled with later grant of habeas relief that results in permanent release of prisoner from custody requires Victim Compensation Board to recommend compensation without holding hearing. |
Criminal Law and Procedure |
|
L. Baker | May 13, 2021 |
|
19-50250
|
U.S. v. Brown
Officer exceeded permissible scope of 'Terry' frisk by directly searching inside defendant's pocket instead of conducting limited exploration for arms. |
Criminal Law and Procedure |
|
D. Collins | May 13, 2021 |
|
19-10405
|
U.S. v. Nishiie
Defendant's criminal charges were not time barred because Wartime Suspension of Limitations Act suspends running of statute of limitations for fraud and property crimes against the United States. |
statutory_interpretation |
|
R. Nelson | May 13, 2021 |
|
17-70538
|
Hernandez-Galand v. Garland
Petitioner's failure to appear due to inability to read and family's misinterpretation of hearing date were exceptional circumstances warranting reopening of in absentia removal order. |
Immigration |
|
E. Chen | May 13, 2021 |
|
B300778
|
Salazar v. See's Candy Shops
Individual issues would predominate in determining whether employer consistently applied practice of denying second meal breaks. |
Employment Law |
|
E. Lui | May 12, 2021 |
|
19-16953
|
Nieves Martinez v. U.S.
Federal Tort Claims Act's discretionary function exception applied to plaintiffs' claims for alleged tortious actions by government officials during criminal investigation related to border crossing. |
Torts |
|
K. Schreier | May 12, 2021 |
|
H045089
|
Marriage of Kelpe
Spouse's post-separation retirement benefit was his separate property because he was not eligible for it until his post-separation entry into partnership. |
Family Law |
|
A. Grover | May 12, 2021 |
|
C088922
|
California Coastkeeper Alliance v. State Lands Commission
California State Lands Commission properly proceeded by way of supplemental environmental impact report because project's changes were minor. |
Administrative Agencies |
|
W. Murray | May 11, 2021 |
|
D076968
|
Grabowski v. Kaiser Foundation Health Plan, Inc.
Arbitrator's ex parte communication with opposing counsel showed his bias against plaintiff and his failure to disclose this communication was grounds to vacate arbitration award. |
Arbitration |
|
P. Guerrero | May 11, 2021 |
|
H046395
|
People v. Nunes
Persistent odor of unspecified smoke did not allow for warrantless search of cabinet within shed in backyard under exigent circumstances exception to Fourth Amendment. |
Criminal Law and Procedure |
|
A. Grover | May 10, 2021 |
|
G059433
|
In re Ma.V.
Juvenile court's jurisdictional order was not supported by substantial evidence because it relied on past conduct instead of current circumstances. |
Dependency |
|
K. O'Leary | May 10, 2021 |
|
19-55810
|
D.D. v. Los Angeles Unified School District
Order |
|
May 10, 2021 | ||
|
A158423
|
People v. Walker
Reckless driving is not lesser included offense of felony evasion of police officer. |
Criminal Law and Procedure |
|
M. Simons | May 10, 2021 |
|
G058088
|
Alper v. Rotella
Plaintiffs could not vacate arbitration award based on arbitrator's alleged impairment because they did not make timely demand to disqualify him before conclusion of hearing. |
Arbitration |
|
E. Moore | May 7, 2021 |
|
H048353
|
People v. Magana
Letter from California Department of Corrections and Rehabilitation must reference court's authority to recall defendant's sentence under Penal Code Section 1170(d)(1). |
Criminal Law and Procedure |
|
S. Cogliati | May 7, 2021 |
|
19-72854
|
Route v. Garland
Micronesian citizen was subject to removal for committing crime of moral turpitude despite his ability to enter, reside, and work in U.S. under US-FSM Compact of Free Association. |
Immigration |
|
M. Smith | May 7, 2021 |
|
20-15591
|
Howard Jarvis Taxpayers Association v. California Secure Choice Retirement Savings Program
CalSavers is not preempted by Employee Retirement Income Security Act because CalSavers is maintained by the State not by employers. |
Constitutional Law |
|
D. Bress | May 7, 2021 |
|
19-35829
|
Branham v. State of Montana
Defendant's habeas corpus petition was dismissed because his application for review of his sentence by Sentence Review Division of Montana Supreme Court was a form of collateral review, making his petition untimely. |
Criminal Law and Procedure |
|
E. Miller | May 7, 2021 |
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