Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B300410
|
People v. Harris
Trial court improperly engaged in factfinding without issuing order to show cause and holding an evidentiary hearing pursuant to Penal Code Section 1170.95. |
Criminal Law and Procedure |
|
D. Perluss | Feb. 17, 2021 |
19-55923
|
Metal Jeans v. Metal Sport
Appropriate standard of review of district court's determination to grant summary judgment on affirmative defense of unclean hands is abuse of discretion. |
Civil Procedure |
|
L. VanDyke | Feb. 17, 2021 |
D076712
|
People v. Marrero
Trial court's restitution order covering travel expenses was reversed because it failed to provide defendant adequate notice that travel expenses were at issue after explicitly limiting hearing to attorney's fees. |
Criminal Law and Procedure |
|
P. Guerrero | Feb. 16, 2021 |
D076287
|
People v. Burgess
Although instruction stated that jury must find defendant violated 'court-ordered' firearm restriction probation condition, Penal Code Section 29815 does not require probation condition be ordered by court. |
statutory_interpretation |
|
T. O'Rourke | Feb. 16, 2021 |
E073980
|
In re D.C.
Juvenile court erred when it found human trafficking affirmative defense did not apply because trafficker did not directly coerce accused to commit specific offense. |
statutory_interpretation |
|
M. Ramirez | Feb. 16, 2021 |
19-30222
|
U.S. v. Gonzalez-Valencia
District court erred in dismissing indictment charging illegal reentry after removal in violation of 8 U.S.C. Section 1326. |
Criminal Law and Procedure |
|
M. Bennett | Feb. 16, 2021 |
S084996
|
People v. Chhoun
Trial court did not abuse its discretion by admitting evidence of other similar crimes to show defendant's state of mind. |
Evidence |
|
C. Corrigan | Feb. 12, 2021 |
B303213
|
People v. Kidane
There was sufficient evidence supporting defendant's gross vehicular manslaughter while intoxicated conviction because he drove erratically, had dilated pupils, and expert testimony attested to level of THC in his system. |
Criminal Law and Procedure |
|
E. Grimes | Feb. 12, 2021 |
A159686
|
Subaru of America, Inc. v. Putnam Automotive, Inc.
Because two agreements parties entered into were not intended to constitute one contract, they could not be considered in conjunction for purposes of Motor Vehicle Franchise Contract Arbitration Fairness Act's exception to arbitration. |
Arbitration |
|
J. Kline | Feb. 12, 2021 |
G058644
|
Knight v. South Orange Community College Dist.
Trial court erred in granting plaintiff's writ of mandamus because defendant did not need to afford plaintiff second-level due process before issuing written reprimand. |
Civil Rights |
|
W. Bedsworth | Feb. 12, 2021 |
E072444
|
Hernandez v. State Personnel Board
Plaintiff was 'a person similarly situated to a spouse' of his live-in girlfriend for purposes of 18 U.S.C. Section 922(g)(9), which prohibits those convicted of domestic violence from carrying firearm. |
statutory_interpretation |
|
M. Raphael | Feb. 12, 2021 |
19-30225
|
U.S. v. Woodberry
District court did not err in its jury instructions for defendant's Hobbs Act robbery charge. |
Criminal Law and Procedure |
|
R. Gould | Feb. 12, 2021 |
19-17397
|
Isabel v. Reagan
Plaintiff's failure to timely register to vote precluded his claim under Section 8 of National Voter Registration Act, which ensures voter eligibility for persons who timely register. |
Civil Rights |
|
M. Murguia | Feb. 12, 2021 |
H046458
|
Organizacion Comunidad de Alviso v. City of San Jose
Relation back doctrine was inapplicable where plaintiff received constructive notice of defendant's identity months prior to statute of limitations passing. |
Civil Procedure |
|
A. Grover | Feb. 11, 2021 |
G057136
|
People v. Acosta
Age is a rational basis for allowing youth offender parole hearings for juveniles-- but not young adults--sentenced to life without possibility of parole. |
statutory_interpretation |
|
T. Goethals | Feb. 11, 2021 |
18-72433
|
Santos-Ponce v. Wilkinson
Petitioner failed to establish nexus between alleged persecution and his proposed particular social group based on membership in his family; thus, Board of Immigration Appeals properly denied asylum relief. |
Immigration |
|
L. VanDyke | Feb. 11, 2021 |
18-36082
|
Juliana v. U.S.
Order |
|
Feb. 11, 2021 | ||
18-72576
|
Lizardi v. Wilkinson
Order |
|
Feb. 11, 2021 | ||
D078375
|
Modification: Midway Venture LLC v. County of San Diego
Preliminary injunction prohibiting defendants from enforcing public health restrictions against plaintiffs was unwarranted because Regional Stay at Home Order did not implicate First Amendment. |
Constitutional Law |
|
P. Guerrero | Feb. 10, 2021 |
A159195
|
Guo v. Moorpark Recovery Service, LLC
Judgment was unambiguous that judgment creditor's predecessors-in-interest were entitled to attorney fees and thus, defendants were 'awarded' such fees under Code of Civil Procedure Section 685.040. |
Civil Procedure |
|
H. Needham | Feb. 10, 2021 |
B303208
|
Doe v. Westmont College
Trial court's denial of attorney fees vacated because it applied wrong standard when deciding necessity and financial burden of private enforcement prong of Code of Civil Procedure Section 1021.5. |
Civil Procedure |
|
M. Tangeman | Feb. 10, 2021 |
A157980
|
People v. Duchine
Trial court erroneously decided that petitioner could theoretically have been found guilty of murder that remains valid under S.B. 1437, because prosecutor must prove that beyond a reasonable doubt. |
Criminal Law and Procedure |
|
T. Stewart | Feb. 10, 2021 |
15-73122
|
Macedo Templos v. Wilkinson
Board of Immigration Appeals erred in finding petitioner was not subjected to any harm by Mexican officials for purposes of Convention Against Torture relief. |
Immigration |
|
J. Wallace | Feb. 10, 2021 |
D076652
|
Manderson-Saleh v. Regents of the University of California
Substantial compliance doctrine applied where employee's intent to assign pension beneficiary was clear despite not strictly complying with regulation for beneficiary designations. |
Administrative Agencies |
|
J. Haller | Feb. 9, 2021 |
A152100
|
Wilmot v. Contra Costa County Employee's Retirement Association
Petitioner was not 'retired' for purposes of County Employees Retirement Law of 1937 when petitioner submitted his application for retirement benefits. |
statutory_interpretation |
|
J. Richman | Feb. 9, 2021 |
A156932
|
Modification: People v. Quinn
Assembly Bill No. 1950 applied retroactively and reduced defendant's probation from three years to two years. |
Criminal Law and Procedure |
|
D. Aafedt | Feb. 9, 2021 |
G058645
|
Maldonado v. Fast Auto Loans
Trial court properly concluded that arbitration provision was unenforceable under 'McGill v. Citibank, N.A.' because plaintiffs' complaint requested remedies that encompassed all consumers and members of the public. |
Arbitration |
|
K. O'Leary | Feb. 9, 2021 |
C089943
|
Early v. Becerra
Code of Civil Procedure Section 1021.5 permitted attorney fee award to Attorney General for defending ballot challenge. |
statutory_interpretation |
|
V. Raye | Feb. 9, 2021 |
19-55784
|
Clarke v. AMN Services
Defendant failed to demonstrate that its per diem benefits may be excluded from Fair Labor Standards Act regular rate of pay under Section 207(e)(2). |
Labor Law |
|
M. Berzon | Feb. 9, 2021 |
19-17033
|
U.S. Bank v. White Horse Estates Homeowners Associates
Legally void mortgage-saving clause alone was insufficient evidence to constitute unfairness to set aside a sale. |
Real Property |
|
S. Graber | Feb. 9, 2021 |