Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
A153582
|
Sweeney v. San Francisco Bay Conservation
Public Resources Code's permit exceptions were inapplicable to project that went beyond repair and maintenance, and that was inconsistent with local protection plan. |
Administrative Agencies |
|
P. Siggins | Mar. 23, 2021 |
A158284
|
People v. Rivera
Defendants entering into murder pleas with malice aforethought are not categorically incapable of making prima facie showing of eligibility for relief under Penal Code Section 1170.95(c). |
statutory_interpretation |
|
J. Humes | Mar. 23, 2021 |
B298104
|
Travis v. Brand
Political action committees engaged in multiple initiatives and spending less than 70 percent of their expenditures on a measure qualify as general-purpose committee. |
statutory_interpretation |
|
J. Wiley | Mar. 23, 2021 |
C090707
|
People v. Andahl
Because trial court's order revoking defendant's probation and executing previously imposed prison sentence had not yet reached final disposition, defendant was entitled to benefit of Senate Bill 136. |
statutory_interpretation |
|
J. Renner | Mar. 23, 2021 |
D077711
|
Clark v. Superior Court (Arthroscopic & Laser Surgery Center of San Diego)
Plaintiff exhausted her administrative remedies by identifying defendant, even if not by name, as alleged perpetrator of discrimination in Department of Fair Employment and Housing complaint. |
Employment Discrimination |
|
C. Aaron | Mar. 23, 2021 |
20-55589
|
Academy of Country Music v. Continental Casualty Company
District court's transmittal of remand order did not deprive federal courts of jurisdiction and review was not barred by 28 U.S.C. Section 1447(d). |
Civil Procedure |
|
C. Callahan | Mar. 23, 2021 |
20-55099
|
Allied Premier Insurance v. United Financial Casualty Company
Order |
|
Mar. 23, 2021 | ||
A156669
|
San Francisco CDC LLC v. Webcor Construction L.P.
One-year statute of limitations applies to disgorgement claims brought under Business and Professions Section 7031(b) because disgorgement is a statutory penalty. |
Civil Procedure |
|
G. Sanchez | Mar. 23, 2021 |
A158179
|
Modification: People v. Hardy
Defendant's conviction reversed because trial court erred in admitting Shotspotter evidence without first holding 'Kelly/Frye' hearing. |
Evidence |
|
T. Stewart | Mar. 23, 2021 |
D075577
|
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 | Mar. 22, 2021 |
E074759
|
Planet Bingo LLC v. The Burlington Insurance Co.
There was triable issue whether subrogation demand letter represented opportunity to settle within policy limits; thus, summary judgment entered in favor of insurance company was reversed. |
Insurance |
|
M. Ramirez | Mar. 22, 2021 |
A157962
|
Eyford v. Nord
Trial court properly denied petition to invalidate appellants' grandmother's trust because evidence showed grandmother was lucid in period when she signed her trust. |
probate_and_trusts |
|
C. Fujisaki | Mar. 22, 2021 |
D076079
|
Vendor Surveillance Corporation v. Henning
'Dynamex' 'ABC' test applies in alleged wage order violations and 'Borello' provides applicable standard in assessing unemployment insurance taxes. |
Employment Law |
|
W. Dato | Mar. 22, 2021 |
B308909
|
City of Los Angeles v. Superior Court (Wong)
Dangerous condition of public property under Government Code Section 835 does not extend liability to members of public whose alleged injuries do not arise from using property at issue. |
Government |
|
A. Collins | Mar. 22, 2021 |
A153583
|
Modification: Sweeney v. California Regional Water Quality Control Board
Regional Water Quality Control Board's order imposing civil penalties was sufficiently supported by its finding that respondents' activities violated environmental laws and regulations. |
Water Rights |
|
P. Siggins | Mar. 22, 2021 |
B304964
|
Felkay v. City of Santa Barbara
Inverse condemnation judgment affirmed because case was ripe after the initial denial of plaintiff's proposal. |
Real Property |
|
M. Tangeman | Mar. 22, 2021 |
A160558
|
Rush v. State Teachers' Retirement System
California State Teachers Retirement System properly construed definition of 'final compensation' in Education Code Section 22134.5(a) to incorporate definition of 'compensation earnable' in Section 22115. |
Education |
|
S. Pollak | Mar. 22, 2021 |
B295742
|
Modification: Pinto v. Farmers Insurance Exchange
Judgment entered in favor of plaintiff in his bad faith insurance claim was reversed because jury made no finding that insurer acted unreasonably. |
Insurance |
|
V. Chaney | Mar. 22, 2021 |
E071542
|
People v. Miranda
Trial court was required to instruct jury on battery as lesser included offense as to one of defendant's crimes, oral copulation of an unconscious person. |
Criminal Law and Procedure |
|
M. Raphael | Mar. 22, 2021 |
F078693
|
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. 22, 2021 |
20-15134
|
Green v. Mercy Housing
Plaintiffs bringing suit under Fair Housing Act should not be assessed fees or costs unless court determines that claim is 'frivolous, unreasonable, or groundless.' |
Civil Rights |
|
M. Berzon | Mar. 22, 2021 |
19-15623
|
O'Doan v. Sanford
Police's use of reverse reap throw did not violate clearly established law because it employs modest use of force and defendant was combative; thus, officer was entitled to qualified immunity. |
Civil Rights |
|
D. Bress | Mar. 22, 2021 |
B300296
|
City of Torrance v. Southern California Edison Co.
City's electricity tax ordinance did not permit electricity provider to apply annual credit to reduce electricity consumers' tax base, thereby reducing City's tax revenue. |
Utilities |
|
L. Lavin | Mar. 19, 2021 |
B298278
|
Modification: LA Live Properties, LLC v. County of Los Angeles
Trial court correctly concluded that plaintiff's claim for refund of property taxes was not reviewable on the merits because plaintiff did not exhaust its administrative remedies. |
Tax |
|
L. Edmon | Mar. 19, 2021 |
S252035
|
Villanueva v. Fidelity National Title Company
Immunity under Insurance Code Section 12414.26 does not extend to insurers charging rates not yet filed with the Insurance Commissioner. |
Insurance |
|
L. Kruger | Mar. 19, 2021 |
20-35222
|
Kennedy v. Bremerton School District
School District was justified in prohibiting football coach from publicly praying on the football field at the conclusion of games to prevent Establishment Clause violation. |
Civil Rights |
|
M. Smith | Mar. 19, 2021 |
F078387
|
Foster v. Sexton
Prisoner grievance procedure is 'unavailable' for purposes of California law when prison administrators thwart inmates from taking advantage of grievance process through machination, misrepresentation, or intimidation. |
Civil Procedure |
|
D. Franson | Mar. 18, 2021 |
B307313
|
In re F.P.
If visitation is inconsistent with the well-being of the child or detrimental to the child, the juvenile court has the discretion to deny such contact. |
Dependency |
|
V. Chavez | Mar. 18, 2021 |
A159246
|
Collondrez v. City of Rio Vista
City's anti-SLAPP motion should have been granted because plaintiff could not prevail on his complaint that City wrongfully disclosed his personnel records pertaining to sustained findings of making false reports. |
Anti-SLAPP |
|
I. Petrou | Mar. 18, 2021 |
B294449
|
Hernandez v. Jensen
Because it was foreseeable that home healthcare worker might accidentally be shot in home containing unsecured loaded firearms, exception to general duty to exercise ordinary care did not apply. |
Torts |
|
M. McCormick | Mar. 18, 2021 |