Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
16-99004
|
Kipp v. Davis
Order |
|
Feb. 9, 2021 | ||
B305910
|
Medipro Medical Staffing v. Certified Nursing Registry
Trial court abused its discretion by appointing receiver because debtor did not interfere with creditor's collection efforts, its business simply diminished. |
Civil Procedure |
|
B. Hoffstadt | Feb. 8, 2021 |
E073965
|
People v. Clements
Trial judge properly relied on petitioner's prior appellate opinion in deciding whether petitioner was eligible for relief under Penal Code Section 1170.95. |
Criminal Law and Procedure |
|
M. Slough | Feb. 8, 2021 |
B305155
|
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 | Feb. 8, 2021 |
E074136
|
People v. Harris
Because defendant was convicted of attempted murder and voluntary manslaughter, and not murder, defendant was not eligible for relief under Penal Code Section 1170.95. |
Criminal Law and Procedure |
|
F. Menetrez | Feb. 5, 2021 |
19-351
|
Federal Republic of Germany v. Philipp
Germany was entitled to sovereign immunity under Foreign Sovereign Immunities Act for taking of property from its own nationals. |
International Law |
|
J. Roberts | Feb. 4, 2021 |
19-199
|
Salinas v. Railroad Retirement Bd.
United States Railroad Retirement Board's refusal to grant petitioner's request to reopen prior benefit determination was subject to judicial review. |
Administrative Agencies |
|
S. Sotomayor | Feb. 4, 2021 |
18-1447
|
Republic of Hungary v. Simon
Order |
|
Feb. 4, 2021 | ||
19-1039
|
Penneast Pipeline Co. v. New Jersey
Order |
|
Feb. 4, 2021 | ||
17-16096
|
Amended Opinion: Vazquez v. Jan-Pro Franchising Int'l
Dynamex Operations West Inc. v. Superior Court' applies retroactively; thus, district court's order granting summary judgment to defendant was vacated and matter remanded to apply 'ABC test.' |
Employment Discrimination |
|
F. Block | Feb. 4, 2021 |
F076883
|
People v. Collins
Although prosecutor cited prospective juror's criminal history as race-neutral basis to excuse her, prosecutor's failure to ask her any meaningful questions about that experience raised inference of discrimination. |
Criminal Law and Procedure |
|
M. Snauffer | Feb. 4, 2021 |
G058891
|
Modification: People v. Lipptrapp
Defendant's motion contained sufficient information for him to gain access to 'Franklin' evidence preservation proceeding. |
Criminal Law and Procedure |
|
K. O'Leary | Feb. 4, 2021 |
19-15126
|
Momox-Caselis v. Donohue
Plaintiffs failed to present genuine dispute that infant killed in foster home was initially wrongfully removed from home by Department of Family Services. |
Civil Rights |
|
J. Wallace | Feb. 4, 2021 |
16-72926
|
Tomczyk v. Wilkinson
Illegal reentry under 8 U.S.C. Section 1231(a)(5) requires more than mere status of inadmissibility. |
Immigration |
|
W. Fletcher | Feb. 4, 2021 |
B293435
|
Pulliam v. HNL Automotive Inc.
Attorney's fee award upheld without apportionment because defendants failed to show plaintiff's unsuccessful causes of action warranted apportionment. |
Attorneys |
|
L. Rubin | Feb. 3, 2021 |
B293670
|
Tansavatdi v. City of Rancho Palos Verdes
While city was entitled to design immunity defense under Government Code Section 830.6, it was not precluded from liability for its failure to warn about dangerous condition. |
Government |
|
N. Manella | Feb. 3, 2021 |
B300552
|
Modification: Nagel v. Westen
Trial court erred in dismissing plaintiff's cause of action for fraudulent transfer under Uniform Voidable Transactions Act. |
Real Property |
|
S. Perren | Feb. 3, 2021 |
B302608
|
Hoang v. Tran
Respondent was collaterally estopped from claiming published article did not concern matter of public interest because identical issue was previously decided against him in prior proceeding. |
Anti-SLAPP |
|
K. Yegan | Feb. 3, 2021 |
A158035
|
California Advocates for Nursing Home Reform v. Aragon
Health and Safety Code Section 1267.5(a)(3)(A) allows for operation of licensed skilled nursing facility by unlicensed management company. |
statutory_interpretation |
|
I. Petrou | Feb. 3, 2021 |
A158861
|
Schmid v. City and County of San Francisco
Trial court properly sustained city's demurrer because authorizing removal of sculpture that had garnered significant adverse public reaction was not an abuse of discretion. |
Administrative Agencies |
|
J. Streeter | Feb. 3, 2021 |
H045194
|
Choochagi v. Barracuda Networks, Inc.
Trial court did not err in its application of 'McDonnell Douglas Corp. v. Green' test to plaintiff's California Family Rights Act claim. |
Employment Law |
|
M. Greenwood | Feb. 3, 2021 |
19-30006
|
U.S. v. Bastide-Hernandez
An immigration court's jurisdiction vests upon filing of Notice to Appear even if lacking time, date, and location of hearing. |
Immigration |
|
D. Boggs | Feb. 3, 2021 |
17-56641
|
Desire LLC v. Manna Textiles
Multiple statutory damages awards not authorized where one infringer was jointly and severally liable with all other infringers, but other infringers were not completely jointly and severally liable with one another. |
statutory_interpretation |
|
M. Bennett | Feb. 3, 2021 |
16-16415
|
Ward v. United Airlines
Applying Labor Code Section 226 in accordance with test set forth by California Supreme Court under 'Ward v. United Airlines, Inc.' does not violate dormant Commerce Clause. |
Labor Law |
|
P. Watford | Feb. 3, 2021 |
S170280
|
People v. Baker
A juror's reservations about imposing the death penalty are an acceptable race-neutral basis for exercising a peremptory challenge. |
Criminal Law and Procedure |
|
T. Cantil-Sakauye | Feb. 2, 2021 |
S040704
|
People v. Johnsen
Venue change was not required for defendant's heinous crimes because nature and gravity of offenses are not dispositive by themselves. |
Criminal Law and Procedure |
|
G. Liu | Feb. 2, 2021 |
B301191
|
Yoon v. CAM IX Trust
Defendants were entitled to attorney's fees under Civil Code Section 1717 because plaintiff's suit against defendants directly related to enforcement of the note and deed of trust. |
Remedies |
|
E. Grimes | Feb. 2, 2021 |
B296425
|
Assn. for Los Angeles Deputy Sheriffs v. County of Los Angeles
Trial court properly dismissed plaintiff's petition because while plaintiff's administrative remedies were inadequate, plaintiff could not allege sufficient facts to state cause of action for violation of Labor Code Section 221. |
Civil Procedure |
|
E. Grimes | Feb. 2, 2021 |
C089576
|
Cabatit v. Sunnova Energy Corporation
Trial court properly found that arbitration clause in solar power lease agreement was unenforceable because it was procedurally and substantively unconscionable. |
Arbitration |
|
L. Mauro | Feb. 2, 2021 |
C089702
|
Wyatt v. City of Sacramento
Using utility rates to generate funds did not violate Article XIII D Section 6(b) of the California Constitution. |
Constitutional Law |
|
J. Renner | Feb. 2, 2021 |