Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
19-56295
|
Sperring v. LLR, Inc.
Voluntary dismissal of claims following an order compelling arbitration does not create appellate jurisdiction. |
Civil Procedure |
|
P. Curiam (9th Cir.) | Apr. 26, 2021 |
D077181
|
Gomez v. The Regents of the University of California
Wage Order No. 4 does not apply to Regents of the University of California because it is neither a political subdivision nor a listed entity, but a public trust. |
Employment Law |
|
R. Huffman | Apr. 26, 2021 |
B305374
|
People v. DeHuff
Although there was substantial evidence that defendant committed second degree murder on implied malice theory, it was not sufficient to preclude him relief under Senate Bill 1437 as matter of law. |
Criminal Law and Procedure |
|
C. Moor | Apr. 26, 2021 |
19-508
|
AMG Capital Management, LLC v. FTC
Section 13(b) of Federal Trade Commission Act does not authorize Federal Trade Commission to seek, or court to award, equitable monetary relief such as restitution or disgorgement. |
statutory_interpretation |
|
S. Breyer | Apr. 23, 2021 |
19-1442
|
Carr v. Saul
Issue-exhaustion requirements erroneously imposed on petitioners' Appointments Clause claims because such claims are purely constitutional claims and fall outside administrative law judges' area of technical expertise. |
Administrative Agencies |
|
S. Sotomayor | Apr. 23, 2021 |
18-1259
|
Jones v. Mississippi
Sentencer need not make separate factual finding of permanent incorrigibility before sentencing murderer under 18 to life without parole. |
statutory_interpretation |
|
B. Kavanaugh | Apr. 23, 2021 |
16-99005
|
Sanchez v. Davis
Counsel was not ineffective for failing to investigate and present evidence from jailhouse informant because that testimony would still have supported prosecution's theory that defendant aided and abetted murders. |
Criminal Law and Procedure |
|
R. Gould | Apr. 23, 2021 |
19-73078
|
Patients Mutual Assistance Collective v. Commissioner of Internal Revenue
Tax Court did not err in concluding that plaintiff's inventory cost is determined by Treas. Reg. Section 1.471-3(b), which applies to purchaser and reseller of the products it sells. |
Tax |
|
D. Bress | Apr. 23, 2021 |
A160454
|
In re A.T.
Juvenile court correctly found that Indian Child Welfare Act is inapplicable when Indian child is removed from one parent and placed with another. |
Dependency |
|
R. Wiseman | Apr. 22, 2021 |
A159218
|
Ruegg & Ellsworth v. City of Berkeley
Government Code Section 65913.4(a)(7)(C) applies to 'historical structures' and does not apply to landmarks that are 'sites' or 'resources.' |
Government |
|
J. Kline | Apr. 22, 2021 |
B302365
|
Truck Insurance Exchange v. Federal Insurance Company
Trial court properly denied appellant's anti-SLAPP motion because plaintiff established probability of prevailing on its fraud claim. |
Anti-SLAPP |
|
M. Stratton | Apr. 22, 2021 |
E073204
|
People v. Braden
Defendant is ineligible for pretrial diversion under Penal Code Section 1001.36 after his trial begins, so trial court properly denied his request. |
Criminal Law and Procedure |
|
M. Raphael | Apr. 22, 2021 |
D078117
|
A.M. v. Superior Court (E.M.)
Although family court had jurisdiction when petition was filed, jurisdiction was terminated under Family Code Section 3422(a)(2) because mother and child no longer resided in state. |
statutory_interpretation |
|
J. McConnell | Apr. 22, 2021 |
D075157
|
San Diegans for Open Government v. Public Facilities Financing
Section 90.1 of San Diego City Charter is limited to bonds issued by the City, as opposed to the Financing Authority. |
statutory_interpretation |
|
P. Guerrero | Apr. 21, 2021 |
B303100
|
Modification: Wexler v. California Fair Plan Association
Daughter of named insureds could not sue for bad faith because she had no contractual relationship with California FAIR Plan Association. |
Insurance |
|
J. Wiley | Apr. 21, 2021 |
B299469
|
Citizens of Humanity, LLC v. Ramirez
Dismissal due to technical or procedural ground, such as pursuant to settlement agreement, is not considered favorable termination for purposes of malicious prosecution. |
Anti-SLAPP |
|
L. Rubin | Apr. 21, 2021 |
B307061
|
In re Rashad D.
Parent must appeal not only from jurisdiction finding and disposition order but also from orders terminating jurisdiction and modifying parent's prior custody status for appellate court to provide effective relief. |
Dependency |
|
D. Perluss | Apr. 21, 2021 |
G059216
|
Speier v. The Advantage Fund, LLC
Because arbitrator did not fail to make required disclosure, trial court did not err by confirming arbitration award. |
Arbitration |
|
R. Fybel | Apr. 21, 2021 |
A161687
|
In re Murray
Penal Code Section 3051 does not violate equal protection by affording juveniles sentenced to life without possibility of parole youth offender parole hearing but denying that hearing to youthful LWOP offenders. |
statutory_interpretation |
|
J. Richman | Apr. 21, 2021 |
A159088
|
Modification: People v. Abelino
Person of ordinary prudence could have entertained reasonable suspicion that mayhem, battery, and assault were natural and probable consequences of target crime of riot. |
Criminal Law and Procedure |
|
T. Brown | Apr. 21, 2021 |
19-15169
|
City of Oakland v. Wells Fargo & Company
Order |
|
Apr. 21, 2021 | ||
19-16975
|
Golub v. Gigamon
'Omnicare' standards for pleading falsity of opinion apply to claims arising under Section 14(a) of Securities Exchange Act, as implemented by Securities Exchange Commission Rule 14a-9. |
Securities |
|
K. Wardlaw | Apr. 21, 2021 |
19-56347
|
Ironhawk Technologies v. Dropbox
There was genuine dispute of material fact as to likelihood of consumer confusion under reverse confusion theory of infringement. |
Intellectual Property |
|
M. Smith | Apr. 21, 2021 |
A158342
|
People v. Secrease
Prior felony-murder special-circumstance finding does not bar Penal Code Section 1170.95 relief. |
Criminal Law and Procedure |
|
J. Streeter | Apr. 21, 2021 |
20-363
|
Whatley v. Warden, Georgia Diagnostic and Classification Prison
Order |
|
Apr. 20, 2021 | ||
20-982
|
Brown v. Polk County
Order |
|
Apr. 20, 2021 | ||
20-308
|
La Boom Disco Inc. v. Duran
Order |
|
Apr. 20, 2021 | ||
20-723
|
PA Higher Education Assistance v. Allan
Order |
|
Apr. 20, 2021 | ||
20-740
|
Bognet v. Degraffenreid
Order |
|
Apr. 20, 2021 | ||
20-637
|
Hemphill v. New York
Order |
|
Apr. 20, 2021 |