| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
20-659
|
Thompson v. Clark
Order |
|
Mar. 9, 2021 | ||
|
18-35459
|
Rice v. Morehouse
District court erred in granting defendants qualified immunity because a reasonable jury could find that plaintiff engaged in passive resistance and that defendants' take-down of plaintiff involved unconstitutionally excessive force. |
Civil Rights |
|
R. Paez | Mar. 9, 2021 |
|
19-15382
|
Amended Opinion: Bernstein v. Virgin America
Summary judgment to plaintiffs on their claims for minimum wage and payment for all hours worked was reversed because defendant's compensation scheme based on block time did not violate California law. |
Labor Law |
|
M. Smith | Mar. 9, 2021 |
|
C084505
|
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. 8, 2021 |
|
B302344
|
Mostafavi Law Group, APC v. Larry Rabineau, APC
Written offer made under Code of Civil Procedure Section 998 without an acceptance provision and subsequent related judgment held invalid. |
Civil Procedure |
|
B. Currey | Mar. 8, 2021 |
|
D077174
|
People v. Williams
While a continuance would cause some amount of inconvenience, a defendant's constitutional right to chosen counsel must be respected. |
Criminal Law and Procedure |
|
C. Aaron | Mar. 8, 2021 |
|
B305155
|
Modification: Alvarez v. Altamed Health Services Corporation
Trial court erred in denying defendant's motion to compel arbitration and in failing to consider whether provision in arbitration agreement authorizing review of second arbitrator was severable. |
Arbitration |
|
M. Stratton | Mar. 8, 2021 |
|
B296968
|
San Luis Obispo Local Agency v. City of Pismo Beach
Government Code Section 56383 held inapplicable to costs and fees accrued in post-administrative processes and without compliance with Section 66016. |
statutory_interpretation |
|
A. Gilbert | Mar. 5, 2021 |
|
19-547
|
United States Fish and Wildlife Service v. Sierra Club, Inc.
Deliberative process privilege protects from disclosure draft biological opinions reflecting the Environmental Protection Agency's preliminary views on its proposed rule regarding endangered species. |
Environmental Law |
|
A. Barrett | Mar. 5, 2021 |
|
19-438
|
Pereida v. Wilkinson
Under the Immigration and Nationality Act, certain nonpermanent residents seeking to cancel a lawful removal order bear the burden of showing they have not been convicted of a disqualifying offense. |
Immigration |
|
N. Gorsuch | Mar. 5, 2021 |
|
19-50189
|
U.S. v. Rundo
The Anti-Riot Act prohibition against the advocacy of imminent riots held not constitutionally overbroad in violation of the First Amendment. |
Criminal Law and Procedure |
|
P. Curiam (9th Cir.) | Mar. 5, 2021 |
|
19-10074
|
U.S. v. Lucero
Defendant's Clean Water Act conviction reversed because the jury instructions failed to make clear the requirement that defendant knew the pollutant was discharged 'into water'. |
statutory_interpretation |
|
P. Bumatay | Mar. 5, 2021 |
|
19-15811
|
Hernandez v. Town of Gilbert
District court properly granted qualified immunity to defendant because 'Mendoza v. Block' did not clearly establish that defendant's conduct of deploying a police dog towards plaintiff was unconstitutional. |
Civil Rights |
|
R. Tallman | Mar. 5, 2021 |
|
19-17520
|
Anderson v. Edward D. Jones & Co.
Securities Litigation Uniform Standards Act did not bar plaintiff's state law claims for alleged conduct not connected to buying or selling covered securities. |
Securities |
|
M. Smith | Mar. 5, 2021 |
|
17-71313
|
Aden v. Wilkinson
Petitioner erroneously denied asylum and withholding of removal from Somalia after demonstrating that he suffered past persecution on account of his religious and political belief. |
Immigration |
|
R. Paez | Mar. 5, 2021 |
|
B304532
|
Gray v. Quicken Loans
Civil Code Section 2954.8 does not require plaintiff's lender to pay interest on plaintiff's hazard insurance proceeds unless there was a written agreement between the parties to pay the interest. |
Insurance |
|
S. Perren | Mar. 4, 2021 |
|
B307093
|
In re I.R.
Daughter returned to Father because substantial evidence in the record during the dependency proceedings did not support a reasonable inference that Father was a generally violent or abusive person. |
Dependency |
|
F. Rothschild | Mar. 4, 2021 |
|
A158118
|
Chen v. Paypal
Trial court properly sustained defendant's demurrer in light of plaintiff's generalized allegations and contradictory arguments for breach and unconscionability. |
Contracts |
|
J. Richman | Mar. 4, 2021 |
|
B300711
|
Holistic Supplements v. Stark
Trial court erred in granting nonsuit on individual claims asserted by the owner of a limited liability company in conjunction with the company. |
Corporations |
|
T. Bigelow | Mar. 4, 2021 |
|
B300006
|
Ventura County Deputy Sheriffs' Assn. v. County of Ventura
Penal Code Section 832.7, permitting disclosure of records relating to officer-involved shootings, applies retroactively since a request for records occurs after the law's effective date. |
statutory_interpretation |
|
S. Perren | Mar. 4, 2021 |
|
18-30206
|
U.S. v. Thompson
A forfeiture under 18 U.S.C. Section 981 cannot be extended beyond the tainted property and proceeds traceable to it. |
Criminal Law and Procedure |
|
A. Kleinfeld | Mar. 4, 2021 |
|
19-17556
|
Leigh-Pink v. Rio Properties
Order |
|
Mar. 4, 2021 | ||
|
B309416
|
County of Los Angeles Department of Health v. Superior Court (California Restaurant Association)
While no study specifically demonstrated that outdoor dining contributed to the spread of COVID-19, there was a rational basis to believe that it does. |
Government |
|
B. Currey | Mar. 3, 2021 |
|
A159181
|
Ashford Hospitality v. City and County of San Francisco
Trial court properly concluded that defendant's transfer tax did not violate Equal Protection Clause. |
Tax |
|
S. Pollak | Mar. 3, 2021 |
|
17-55036
|
Rojas v. Federal Aviation Administration
Term 'intra-agency' in Freedom of Information Act Exemption 5 includes documents prepared by outside consultants hired by agency to assist in carrying out agency's functions. |
statutory_interpretation |
|
P. Watford | Mar. 3, 2021 |
|
B298278
|
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. 2, 2021 |
|
B297453
|
Ruiz Nunez v. FCA US LLC
Jury instruction misstated the law and conflicted with CACI No. 3231, which correctly explained the continuation of warranties during repairs. |
Torts |
|
E. Grimes | Mar. 2, 2021 |
|
A156171
|
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 |
|
G. Sanchez | Mar. 2, 2021 |
|
20-303
|
U.S. v. Vaello-Madero
Order |
|
Mar. 2, 2021 | ||
|
20-480
|
Babcock v. Saul
Order |
|
Mar. 2, 2021 |
