Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B305420
|
Modification: In re K.B.
Mother's lack of supervision put children at substantial risk of physical harm and it was reasonable to infer her drug use was connected to this conduct. |
Dependency |
|
J. Wiley | Feb. 2, 2021 |
B302792
|
Chu v. Old Republic Home Protection Company, Inc.
Home protection contract is not sufficiently analogous to insurance to support imposition of tort liability despite its inclusion in Insurance Code for regulatory purposes. |
Remedies |
|
D. Kim | Feb. 2, 2021 |
B301972
|
People V. Hwang
Defendant was entitled to ameliorative benefits of Proposition 57 and Senate Bill No. 1391 because trial court's resentencing of defendant pursuant to Penal Code Section 1170(d) reopened finality of his judgment. |
Juveniles |
|
D. Kim | Feb. 2, 2021 |
B301802
|
In re Brianna S.
After juvenile court places children with 'de facto parent,' social services agency must use Welfare and Institutions Code Section 387 procedures when seeking to remove children, not Section 385. |
Dependency |
|
B. Hoffstadt | Feb. 1, 2021 |
B301731
|
Flores v. Liu
Trial court erred in instructing jury that plaintiff's informed consent negated any liability for defendant's treatment recommendation but error did not prejudice plaintiff. |
Torts |
|
B. Hoffstadt | Feb. 1, 2021 |
G058539
|
City of Duarte v. State Water Resources Control Bd.
Water boards' numeric effluent limitations permit was upheld based on boards' consideration of factors under Water Code Section 13241. |
Administrative Agencies |
|
R. Fybel | Feb. 1, 2021 |
C084891
|
Marriage of Carlisle
Trial court did not lack jurisdiction to renew plaintiff's request for domestic violence restraining order against defendant. |
Family Law |
|
W. Murray | Feb. 1, 2021 |
B294095
|
Amended Opinion: People v. Montelongo
Two statutes that criminalize the same conduct but impose different penalties are not unconstitutionally vague. |
statutory_interpretation |
|
J. Segal | Feb. 1, 2021 |
S155160
|
Amended Opinion: People v. Ramirez
Death penalty judgment was upheld because trial court's instruction under CALCRIM No. 521, modified by Penal Code Section 189 did not amount to error. |
Criminal Law and Procedure |
|
T. Cantil-Sakauye | Feb. 1, 2021 |
19-10227
|
U.S. v. Hudson
18 U.S.C. Section 2252(b)(2)'s reference to state crimes 'relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor' is not unconstitutionally vague. |
statutory_interpretation |
|
M. Hawkins | Feb. 1, 2021 |
18-73001
|
Kaur v. Wilkinson
Board of Immigration Appeals erroneously denied asylum to petitioner because her credible testimony about attempted gang rape was sufficient to establish past persecution. |
Immigration |
|
K. Wardlaw | Feb. 1, 2021 |
A157983
|
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 | Jan. 29, 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 | Jan. 29, 2021 |
S155160
|
People v. Ramirez
Death penalty judgment was upheld because trial court's instruction under CALCRIM No. 521, modified by Penal Code Section 189 did not amount to error. |
Criminal Law and Procedure |
|
T. Cantil-Sakauye | Jan. 29, 2021 |
S256149
|
In re Palmer
To the extent petitioner's continued incarceration at some point became constitutionally excessive, that alone did not justify ending his parole under the current statutory scheme. |
statutory_interpretation |
|
M. Cuéllar | Jan. 29, 2021 |
15-16342
|
Mineral County v. Walker River Irrigation District
Order |
|
Jan. 29, 2021 | ||
20-15662
|
Axon Enterprise v. Federal Trade Commission
Under 'Thunder Basin Coal Co. v. Reich,' district court did not have jurisdiction to hear plaintiff's constitutional challenges to Federal Trade Commission's structure. |
Administrative Agencies |
|
K. Lee | Jan. 29, 2021 |
19-55225
|
Villanueva v. Cleveland
Police officers were not entitled to qualified immunity after fatally shooting victim because officers could have simply moved away from slowly moving vehicle to avoid injury. |
Civil Rights |
|
K. Wardlaw | Jan. 29, 2021 |
19-36077
|
Abraham v. Corizon Health
Order |
|
Jan. 29, 2021 | ||
D076426
|
Atlas Construction Supply v. Swinerton Builders
Co-defendant supplier was not aggrieved by trial court's exoneration of co-defendant general contractor in plaintiff's wrongful death action. |
Torts |
|
J. McConnell | Jan. 28, 2021 |
B301382
|
Breslin v. Breslin
Defendants forfeited their interest in settlement between appearing beneficiaries when defendants failed to participate in mediation ordered by probate court. |
probate_and_trusts |
|
A. Gilbert | Jan. 28, 2021 |
C091845
|
People v. Ramirez
Review pursuant to 'People v. Wende' was denied because appeal from denial of motion to vacate plea was not defendant's first appeal of right. |
Criminal Law and Procedure |
|
H. Hull | Jan. 28, 2021 |
A158632
|
Self v. Cher-AE Heights Indian Community
Congress has not abrogated tribal immunity for a suit to establish a public easement. |
Government |
|
G. Burns | Jan. 28, 2021 |
A157283
|
People v. Williams
Trial judge's participation in questioning of prosecution's fingerprint expert by repeatedly interrupting defense's cross-examination constituted prejudicial misconduct. |
Criminal Law and Procedure |
|
I. Petrou | Jan. 28, 2021 |
A158214
|
Murphy v. Twitter, Inc.
Trial court properly sustained Twitter's demurrer without leave to amend because plaintiff's lawsuit was barred by Communications Decency Act of 1996, 47 U.S.C. Section 230. |
Civil Procedure |
|
S. Margulies | Jan. 27, 2021 |
F077504
|
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 | Jan. 27, 2021 |
19-15672
|
Friedman v. Tesla
Specific statements challenged in Plaintiffs' complaint were protected by 'safe harbor' for forward-looking statements in Private Securities Litigation Reform Act. |
Securities |
|
D. Collins | Jan. 27, 2021 |
19-963
|
Henry Schein, Inc. v. Archer & White Sales, Inc.
Order |
|
Jan. 26, 2021 | ||
20A111
|
Francois v. Wilkinson
Order |
|
Jan. 26, 2021 | ||
20-60
|
Silver v. U.S.
Order |
|
Jan. 26, 2021 |