Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B306781
|
Wilson-Davis v. SSP America, Inc.
Arbitration between labor union and employer was properly denied because collective bargaining agreement did not waive employees' right to pursue their claims in judicial forum. |
Arbitration |
|
L. Edmon | Apr. 13, 2021 |
19-50278
|
U.S. v. Ghanem
Because jury could reasonably find that defendant's arrest in Greece was connected to alleged offense, district court's instruction misstated the law. |
Criminal Law and Procedure |
|
D. Boggs | Apr. 13, 2021 |
19-50151
|
Amended Opinion: U.S. v. Grimaldo
District court plainly erred by failing to determine whether defendant's possession of gun emboldened his possession of narcotics for purposes of four-level weapon enhancement. |
Criminal Law and Procedure |
|
K. Lee | Apr. 13, 2021 |
19-55274
|
Benavidez v. County of San Diego
Precedent establishes right to be free from judicial deception in child custody proceedings; thus, dismissal on qualified immunity grounds was reversed. |
Qualified Immunity |
|
G. Katzmann | Apr. 13, 2021 |
H046250
|
Marriage of Wang and Zhou
Trial court properly denied registration of Chinese custody orders because the Chinese judgment was stayed pending appeal. |
Family Law |
|
M. Greenwood | Apr. 13, 2021 |
C066930
|
Modification: Gilman v. Dalby
Under Code of Civil Procedure Section 708.410, judgment creditors' lien attached to money ordered returned to judgment debtor in his lawsuit against a different party. |
Civil Procedure |
|
C. Blease | Apr. 12, 2021 |
19-17213
|
City and County of San Francisco v. USCIS
Order |
|
Apr. 12, 2021 | ||
A157857
|
People v. Stewart
Appellant's period of probation was reduced from three years to two years based on Assembly Bill 1950, which was enacted while his appeal was pending. |
statutory_interpretation |
|
J. Kline | Apr. 9, 2021 |
20-1110
|
In re Cambridge Land Company II, LLC; Cambridge Land Company LLC
To appeal decision of bankruptcy court, appellant must show that it is 'person aggrieved' who was directly and adversely affected by order of bankruptcy court. |
Bankruptcy |
|
J. Brand | Apr. 9, 2021 |
19-56048
|
Panthera Investment Fund v. H.C. Wainwright
Because complaint failed to plead plausible motive for allegedly fraudulent action, plaintiff could not establish scienter. |
Securities |
|
K. Lee | Apr. 9, 2021 |
20-10245
|
U.S. v. Aruda
Current version of U.S. Sentencing Guidelines Manual Section 1B1.13 is not an applicable policy statement for motions filed by a defendant under 18 U.S.C. Section 3582(c)(1)(A). |
statutory_interpretation |
|
P. Curiam (9th Cir.) | Apr. 9, 2021 |
19-16487
|
Amended Opinion: East Bay Sanctuary Covenant v. Barr
Rule denying asylum to aliens arriving at US border with Mexico unless they first applied for, and had been denied, asylum in Mexico or another country they traveled through, was unlawful. |
Immigration |
|
W. Fletcher | Apr. 9, 2021 |
D076601
|
Department of Industrial Relations v. Built Pacific, Inc.
Civil Code Section 1671(b) addresses validity of liquidated damages provisions in contracts, but does not apply to Civil Wage Penalty Assessments. |
Labor Law |
|
T. Do | Apr. 8, 2021 |
C089046
|
People v. Clark
Trial court erroneously admitted into evidence Defendant's prior uncharged act of constructive possession of a firearm because there was no connected motive between the current offenses. |
Evidence |
|
W. Murray | Apr. 8, 2021 |
A160161
|
Silva v. Humboldt County
County's measure amendments impermissibly broadened scope of tax by imposing taxes on property owners subject to commercial marijuana cultivation permit regardless of whether they cultivated marijuana. |
Tax |
|
J. Humes | Apr. 8, 2021 |
E075582
|
Muddy Waters v. Superior Court
Trial court erred in denying defendant's special motion to strike based upon commercial speech exception. |
Anti-SLAPP |
|
R. Fields | Apr. 8, 2021 |
G059162
|
In re Viehmeyer
Section 32(a) of Article 1 of California Constitution does not permit early parole consideration for those serving terms for both violent and nonviolent felonies. |
Criminal Law and Procedure |
|
R. Fybel | Apr. 8, 2021 |
E073950
|
Peviani v. Arbors at California Oaks Property Owner
Trial court's reasoning indicated that it confused false advertising cause of action with fraud cause of action in its commonality analysis for class certification. |
Commercial Law |
|
D. Miller | Apr. 8, 2021 |
F082469
|
Antelope Valley Groundwater Cases
Physical Solution did not violate California's water rights priorities structure and was consistent with prior settlement in this water rights adjudication. |
Water Rights |
|
R. Peña | Apr. 8, 2021 |
D075577
|
Modification: Contreras-Velazquez v. Family Health Centers of San Diego, Inc.
Trial court did not err in determining constitutional maximum ratio for punitive damages award was twice the amount of compensatory damages because defendant's conduct was moderately reprehensible. |
Disability Discrimination |
|
J. McConnell | Apr. 8, 2021 |
B301382
|
Amended Opinion: Breslin v. Breslin
Defendants forfeited their interest in settlement between appearing beneficiaries when defendants failed to participate in mediation ordered by probate court. |
probate_and_trusts |
|
Apr. 7, 2021 | |
C081690
|
People v. Clapp
As direct victims of defendant's fraud, governmental agencies were entitled to restitution for investigative costs incurred in effort to recoup money defendant fraudulently obtained. |
Remedies |
|
W. Murray | Apr. 7, 2021 |
B292091
|
Lent v. California Coastal Commission
Coastal Commission did not violate plaintiffs' due process rights by imposing larger penalty than its staff recommended, because Commission specifically advised plaintiffs it could impose penalty of up to $8 million. |
Administrative Agencies |
|
J. Segal | Apr. 7, 2021 |
B304465
|
Shuler v. City of Los Angeles
Civil rights plaintiffs who lost in federal court are barred from pursuing equivalent state law claims in a second suit in state court. |
Criminal Law and Procedure |
|
J. Wiley | Apr. 7, 2021 |
19-56514
|
Olean Wholesale Grocery Cooperative, Inc. v. Bumble Bee Foods
District court abused its discretion by not resolving factual disputes necessary to decide predominance requirement before certifying classes. |
Civil Procedure |
|
P. Bumatay | Apr. 7, 2021 |
17-72563
|
Diaz-Flores v. Garland
Petitioner's conviction of first-degree burglary of a dwelling was a crime involving moral turpitude making him ineligible for cancellation of removal. |
statutory_interpretation |
|
P. Bumatay | Apr. 7, 2021 |
20-15009
|
Rustico v. Intuitive Surgical
Diversity product liability action was barred by California's two-year statute of limitations. |
Civil Procedure |
|
C. Bea | Apr. 7, 2021 |
B301891
|
In re Woods
Excluding One Strike offenders from youth offender parole hearings violates equal protection because such procedures are generally available to similarly situated offenders and no rational basis exists. |
Criminal Law and Procedure |
|
F. Rothschild | Apr. 6, 2021 |
B308879
|
In re J.N.
Father's prior incarceration and criminal record were insufficient alone as an evidentiary basis to support either jurisdiction or removal of Father's minor son. |
Dependency |
|
F. Rothschild | Apr. 6, 2021 |
18-956
|
Google LLC v. Oracle America, Inc.
Google's copying of Java SE API, which included only lines of code that were needed to allow programmers to put their accrued talents to work in new and transformative program, was fair use. |
Copyright |
|
S. Breyer | Apr. 6, 2021 |