Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
F078693
|
Modification: People v. Nieto
Although instruction wrongly permitted jury to find deception itself sufficient to prove general kidnapping, instructional error in this case was harmless beyond a reasonable doubt. |
Criminal Law and Procedure |
|
M. Snauffer | Mar. 31, 2021 |
16-70130
|
Silva v. Garland
Board of Immigration Appeals properly determined petty theft under Penal Code Section 484(a) is a crime involving moral turpitude, making defendant removable. |
Immigration |
|
S. Ikuta | Mar. 31, 2021 |
19-56074
|
C.L. v. Del Amo Hospital
District court erred by effectively imposing certification requirement for plaintiff's dog to be qualified as a service animal under the Americans with Disabilities Act. |
Disability Discrimination |
|
R. Gould | Mar. 31, 2021 |
A159088
|
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 | Mar. 31, 2021 |
A158152
|
Manhan v. Gallagher
When postdismissal or postjudgment motion involves collateral statutory rights, court may retain jurisdiction to determine and enforce those rights. |
Civil Procedure |
|
C. Fujisaki | Mar. 30, 2021 |
B300093
|
Michaels v. Greenberg Traurig, LLP
Trial court erred in granting summary adjudication on appellants' claim for legal malpractice because appellants met their burden on establishing causation and damages. |
Attorneys |
|
S. Ohta | Mar. 30, 2021 |
20-507
|
Mays v. Hines
Federal appellate court improperly disregarded overwhelming evidence of defendant's guilt which supported state court's conclusion and instead focused on alternative suspect. |
Criminal Law and Procedure |
|
P. Curiam (USSC) | Mar. 30, 2021 |
20-601
|
Cameron v. EMW Women's Surgical Center
Order |
|
Mar. 30, 2021 | ||
20-35159
|
Pacific Gulf Shipping v. Vigorous Shipping & Trading
There was insufficient evidence that appellees were dominated or controlled by debtors or that appellees were operated with fraudulent intent in order to pierce the corporate veil. |
Maritime Law |
|
D. Boggs | Mar. 30, 2021 |
S253458
|
Kaanaana v. Barrett Business Services, Inc.
Contract workers acting as belt sorters for county sanitation district fall within definition of 'public works' in Labor Code Section 1720(a)(2), entitling them to prevailing wage compensation. |
statutory_interpretation |
|
C. Corrigan | Mar. 30, 2021 |
E074122
|
People v. Pettigrew
Trial court erred by instructing jury on 'flight' instruction because defendant was found in bed, but error was harmless. |
Criminal Law and Procedure |
|
A. McKinster | Mar. 29, 2021 |
19-15122
|
Miller v. U.S.
Federal Tort Claims Act's discretionary function exception applied to bar plaintiff's two retaliation-based wrongful termination claims. |
statutory_interpretation |
|
D. Collins | Mar. 29, 2021 |
A157236
|
People v. Southard
Trial court's use of language from a case involving a motion to suppress as a basis for a special jury instruction was improper. |
Criminal Law and Procedure |
|
J. Richman | Mar. 26, 2021 |
B292967
|
Curtis v. Superior Court (California Employment Lawyers Assoc.)
Identity of attorney's nontestifying expert was not entitled to absolute work product protection because it would not reveal attorney's 'impressions, conclusions, opinions, or legal research or theories.' |
Attorneys |
|
G. Feuer | Mar. 26, 2021 |
B303013
|
People v. Moine
Trial court abused its discretion in finding diversion would pose an unreasonable risk of danger to public safety. |
Criminal Law and Procedure |
|
R. Federman | Mar. 26, 2021 |
19-368
|
Ford Motor Co. v. Montana Eighth Judicial Dist.
Because defendant advertises and markets its vehicles in forum states, connection between plaintiff's claims and defendant's activities was sufficient to support specific jurisdiction. |
Civil Procedure |
|
E. Kagan | Mar. 26, 2021 |
19-292
|
Torres v. Madrid
Officers shooting applied physical force to petitioner's body and objectively manifested an intent to restrain her from driving away; thus, officers seized petitioner. |
Civil Rights |
|
J. Roberts | Mar. 26, 2021 |
S247278
|
In re Humphrey
Common practice of conditioning freedom solely on whether arrestee can afford bail is unconstitutional. |
Criminal Law and Procedure |
|
M. Cuéllar | Mar. 26, 2021 |
20-10063
|
U.S. v. Furaha
Defendant's prior conviction for possessing firearm in furtherance of 'drug trafficking crime' under 18 U.S.C. Section 924(c) constituted 'controlled substance offense' under U.S.S.G. Section 4B1.2. |
statutory_interpretation |
|
M. Smith | Mar. 26, 2021 |
C084505
|
Modification: People v. Cummings
Where a defendant has sustained a qualifying prior felony DUI conviction within 10 years, an attempted DUI will be considered a felony. |
statutory_interpretation |
|
W. Murray | Mar. 26, 2021 |
B297845
|
People v. Tran
Eleven-year span between filing of Sexually Violent Predators Act petition and retrial did not violate defendant's due process right because continuances requested by defense benefited him. |
Criminal Law and Procedure |
|
J. Ashmann-Gerst | Mar. 25, 2021 |
B303269
|
Alpha Nu Assn. of Theta XI v. University of Southern California
Suspension of Theta Xi from University of Southern California's recognition upheld despite using modestly untimely evidence from prior pledge class. |
Administrative Agencies |
|
N. Manella | Mar. 25, 2021 |
B297425
|
Jones v. Quality Coast
Plaintiff was not entitled to protection under Displaced Janitor Opportunity Act because he was supervisory employee at air traffic control facility. |
Labor Law |
|
L. Baker | Mar. 25, 2021 |
19-72381
|
Acevedo Granados v. Garland
Intellectual disability may be sufficient to establish cognizable social group for purposes of asylum and withholding of removal. |
Immigration |
|
R. Clifton | Mar. 25, 2021 |
19-55585
|
U.S. v. Boyd
31 U.S.C. Section 5321(a)(5)(A) authorizes IRS to impose only one non-willful penalty when an untimely, but accurate, Foreign Bank and Financial Accounts form is filed, no matter number of accounts. |
Tax |
|
M. Bennett | Mar. 25, 2021 |
12-17808
|
Young v. State of Hawaii
Hawaii's restrictions on open carrying of firearms reflect longstanding prohibitions that regulate conduct outside scope of Second Amendment; thus, firearms-licensing requirement was lawful. |
Civil Rights |
|
J. Bybee | Mar. 25, 2021 |
18-17274
|
Amended Opinion: East Bay Sanctuary Covenant v. Biden
Rule that requires migrants to enter country at ports of entry to preserve eligibility for asylum was substantively invalid because it conflicted with Immigration and Nationality Act. |
Immigration |
|
R. Paez | Mar. 25, 2021 |
A156171
|
Modification: Valley Baptist Church v. City of San Rafael
California's constitutional religious exemption did not extend to non ad valorem special property taxes. |
Constitutional Law |
|
Mar. 24, 2021 | |
C090409
|
People v. Curry
Defendant may ask trial court for mental health diversion under Penal Code Section 1001.36 until sentencing and entry of judgment. |
Criminal Law and Procedure |
|
J. Renner | Mar. 24, 2021 |
20-443
|
U.S. v. Tsarnaev
Order |
|
Mar. 24, 2021 |