Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
20-60014
|
In re Anderson
Panel affirmed decision to grant debtor homestead exemption despite moving out of property after petition date. |
Bankruptcy |
|
P. Curiam (9th Cir.) | Mar. 2, 2021 |
B307025
|
Contreras v. Superior Court (Zum Services Inc.)
Preliminary question of whether a plaintiff is an aggrieved employee under Private Attorneys General Act may not be decided in private party arbitration. |
Arbitration |
|
L. Rubin | Mar. 2, 2021 |
B302061
|
People v. Byers
Possession of pornography properly admitted to show defendant's motive or intent in committing sexual assault and it was not outweighed by undue prejudice. |
Criminal Law and Procedure |
|
M. Tangeman | Mar. 2, 2021 |
B296856
|
People v. Foster
Evidence of defendant shooting into group of men where there was no indication that defendant had primary target was sufficient to establish attempted murder. |
Criminal Law and Procedure |
|
R. Federman | Mar. 2, 2021 |
13-72934
|
Enriquez v. Wilkinson
Order |
|
Mar. 2, 2021 | ||
A158399
|
In re Hoze
Petitioner was not required to serve his sentences for in-prison offenses because grant of parole under Elderly Parole Program supersedes Penal Code Section 1170.1(c). |
statutory_interpretation |
|
G. Burns | Mar. 1, 2021 |
D076500
|
In re Kavanaugh
Parole regulations implemented under Proposition 57 were constitutional and did not conflict with Article I, Section 32 of California Constitution's guarantee of parole consideration. |
Criminal Law and Procedure |
|
J. McConnell | Mar. 1, 2021 |
19-55376
|
Duncan v. Becerra
Order |
|
Mar. 1, 2021 | ||
20-1174
|
In re Lisa Gay Mellem
Advancement on inheritance does not amount to collecting a debt 'as a personal liability' of the debtor within meaning of bankruptcy discharge injunction. |
Bankruptcy |
|
C. Klein | Mar. 1, 2021 |
19-10448
|
Amended Opinion: U.S. v. Bautista
District court erred in applying recidivist sentencing enhancement based on defendant's prior state conviction for transportation of marijuana after hemp was removed from federal drug schedule. |
statutory_interpretation |
|
W. Fletcher | Mar. 1, 2021 |
14-73182
|
Lazo v. Wilkinson
Petitioner's conviction for possession of cocaine in violation of California Health and Safety Code Section 11350 qualifies as 'controlled substance offense,' thereby rendering him removable. |
Immigration |
|
D. Collins | Mar. 1, 2021 |
19-35463
|
Crowe v. Oregon State Bar
District court erred by dismissing plaintiffs' free association claim as barred by precedent. |
Civil Rights |
|
P. Curiam (9th Cir.) | Mar. 1, 2021 |
C087289
|
People v. Lyon
Defendant's conviction for recording confidential communications was proper because prostitutes have an expectation of privacy in their communications during sexual encounters at a client's residence. |
Criminal Law and Procedure |
|
E. Duarte | Feb. 26, 2021 |
B306946
|
McGroarty v. Los Angeles Unified School Dist.
Education Code Section 44466 contemplates that former university interns serve a complete year under a regular credential before acquiring tenure. |
Education |
|
H. Bendix | Feb. 26, 2021 |
E073176
|
People v. Blanco
Conviction for bringing controlled substance into penal institution under Penal Code Section 4573 reversed because omitting usable amount element from jury instructions was prejudicial error. |
Criminal Law and Procedure |
|
D. Miller | Feb. 26, 2021 |
A158179
|
People v. Hardy
Defendant's conviction reversed because trial court erred in admitting Shotspotter evidence without first holding 'Kelly/Frye' hearing. |
Evidence |
|
T. Stewart | Feb. 26, 2021 |
19-546
|
Brownback v. King
District court's dismissal of plaintiff's Federal Tort Claims Act claims triggered 'judgment bar' provision to block his 'Bivens v. Six Unknown Fed. Narcotics Agents' claims. |
Torts |
|
C. Thomas | Feb. 26, 2021 |
S253677
|
Donohue v. AMN Services, LLC
Defendant improperly rounded time records for meal periods using timekeeping system, and failed to pay premium wages for noncompliant meal periods. |
Labor Law |
|
G. Liu | Feb. 26, 2021 |
S259011
|
O.G. v. Superior Court (People)
Senate Bill No. 1391 is a permissible amendment to Proposition 57 because it furthers Proposition 57's fundamental purposes. |
statutory_interpretation |
|
J. Groban | Feb. 26, 2021 |
D077095
|
People v. Jackson
Penal Code Section 3051 excludes persons between ages of 18-25 sentenced to life without possibility of parole from youth parole hearings and there is a rational basis for that exclusion. |
statutory_interpretation |
|
P. Benke | Feb. 25, 2021 |
G058903
|
Varney Entertainment Grp. v. Avon Plastics
No abuse of discretion in declining to award defendant attorney fees and costs because although plaintiff dismissed his claim, litigation of that claim was ongoing in different jurisdiction. |
Civil Procedure |
|
T. Goethals | Feb. 25, 2021 |
F077504
|
Modification: People v. Jaimes
Trial court erroneously defined 'association'--an element of the gang enhancement--in response to jury's request to define the term. |
statutory_interpretation |
|
M. Smith | Feb. 25, 2021 |
20-15145
|
U.S. v. State Water Resources Control Board
Partial stays pursuant to 'Colorado River' are permissible only in very limited circumstances, namely when there is strong evidence of forum shopping. |
Civil Procedure |
|
M. Smith | Feb. 25, 2021 |
18-72990
|
Amended Opinion: Velasquez-Rios v. Wilkinson
Amendment to California Penal Code Section 18.5 which retroactively reduced maximum misdemeanor sentence to 364 days, cannot be applied retroactively for purposes of removability under 8 U.S.C. Section 1227(a)(2)(A)(i). |
Immigration |
|
R. Gould | Feb. 25, 2021 |
A157983
|
Modification: Howard Jarvis Taxpayers Assn. v. City and County of San Francisco
Proposition 13 did not compel a two-thirds supermajority vote to approve voter initiatives. |
Tax |
|
M. Simons | Feb. 24, 2021 |
A160437
|
People v. Freeman
Petitioner not entitled to 'People v. Wende' review, because appeal was not first appeal of right from judgment of criminal conviction. |
Criminal Law and Procedure |
|
A. Tucher | Feb. 24, 2021 |
B302847
|
People v. Barrios
Defendant could not be imprisoned for both robbery and for kidnapping to commit robbery because kidnapping had no objective but robbery. |
statutory_interpretation |
|
J. Wiley | Feb. 24, 2021 |
19-71787
|
Transportation Division of the Intl. Assoc. - SMART v. Federal Railroad Administration
Federal Railroad Administration failed to comply with Administrative Procedure Act's notice-and-comment provisions when it issued order purporting to adopt nationwide maximum one-person crew rule for trains. |
Administrative Agencies |
|
C. Callahan | Feb. 24, 2021 |
19-15382
|
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 | Feb. 24, 2021 |
18-55923
|
Howard v. HMK Holdings
Because there was no causal link between plaintiff's disability and his requested accommodation to extend move-out date, defendant was under no obligation to extend tenancy-termination date. |
Civil Rights |
|
M. Bennett | Feb. 24, 2021 |