Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
A158728
|
State of Cal. ex rel. Edelweiss v. JP Morgan Chase
Trial court properly dismissed plaintiff's second amended complaint for failure to timely serve respondents because plaintiff's extended period of sealing could not be considered a cause beyond plaintiff's control. |
Civil Procedure |
|
A. Tucher | Dec. 24, 2020 |
A158988
|
People v. Brooks
Defendant's petition for resentencing under Penal Code Section 1170.91(b)(1) was properly denied because defendant agreed to specific term of years in plea bargain and court cannot modify those terms. |
Criminal Law and Procedure |
|
J. Streeter | Dec. 24, 2020 |
E074939
|
People v. Scott
Defendant's petition to vacate his attempted murder conviction was dismissed because his appellate counsel's brief raised no issues and Penal Code Section 1170.95 only applies to murder convictions. |
Criminal Law and Procedure |
|
M. Raphael | Dec. 24, 2020 |
B293672
|
Ko v. Maxim Healthcare Services, Inc.
Parents' virtual presence during their son's abuse through real-time audiovisual connection satisfied requirement in 'Thing v. La Chusa' of contemporaneous presence for bystander negligent infliction of emotional distress liability. |
Torts |
|
G. Feuer | Dec. 24, 2020 |
B299025
|
State of California v. Pain Management Specialist Medical Group
Insurance company's qui tam action against surgical center was not subject to arbitration because it was brought on behalf of the state, which was not a party to their contract. |
Arbitration |
|
A. Gilbert | Dec. 23, 2020 |
C085463
|
Rojas-Cifuentes v. Superior Court (American Modular Systems)
Trial court erred in granting respondent's motion for summary adjudication because petitioner's Private Attorneys General Act notice supplied sufficient facts and theories to support his claims. |
Labor Law |
|
C. Blease | Dec. 23, 2020 |
E070210
|
Conservatorship of Navarrete
Trial court did not have authority to order disabled adult conservatee to attend joint therapy sessions with her estranged father against her will. |
Conservatorship |
|
M. Slough | Dec. 23, 2020 |
B295434
|
Modification: Trenk v. Soheili
Trial court properly canceled deed of trust on home owned by defendants as joint tenants because defendant's wife did not execute the deed. |
Real Property |
|
E. Lui | Dec. 23, 2020 |
19-35008
|
Amended Opinion: NAEC v. USDOI
National Environmental Policy Act provides reasonable notice that intended scope encompassed actual future lease sales. |
Environmental Law |
|
Dec. 23, 2020 | |
B302348
|
State Farm General Insurance Co. v. Oetiker, Inc.
As applied to nonbuilders, Right to Repair Act's 10-year statute of repose does not cover claims based on strict liability and breach of implied warranty. |
statutory_interpretation |
|
M. Tangeman | Dec. 22, 2020 |
G058436
|
11 Lagunita, LLC v. California Coastal Commission
There was no abuse of discretion in California Coastal Commission's $1 million administrative penalty against plaintiffs for violating Coastal Development Permit. |
Administrative Agencies |
|
E. Moore | Dec. 22, 2020 |
B296830
|
Waterwood Enterprises, LLC v. City of Long Beach
Trial court abused its discretion in finding that defendant--who lost the only cause of action in the case-- was the prevailing party. |
Contracts |
|
H. Bendix | Dec. 22, 2020 |
H047951
|
In re A.G.
When considering terminating parental rights, juvenile court should exercise caution before denying parent a contested hearing and should construe parent's offer of proof liberally. |
Dependency |
|
P. Bamattre-Manoukian | Dec. 22, 2020 |
B295434
|
Trenk v. Soheili
Trial court properly canceled deed of trust on home owned by defendants as joint tenants because defendant's wife did not execute the deed. |
Real Property |
|
E. Lui | Dec. 22, 2020 |
20-10317
|
U.S. v. Al-Nouri
Order |
|
Dec. 22, 2020 | ||
18-35868
|
Amended Opinion: Southcentral Foundation v. Alaska Native Tribal Health Consortium
Infringement of governance and participation rights was a sufficiently concrete and particularized injury in fact sufficient to confer Article III standing. |
Constitutional Law |
|
M. Murguia | Dec. 22, 2020 |
17-72197
|
Nguyen v. Barr
Board of Immigration Appeals properly concluded that petitioner's proposed social group comprised of 'known drug users' was not legally cognizable because it lacked particularity. |
Immigration |
|
J. Wallace | Dec. 22, 2020 |
14-99003
|
Amended Opinion: Smith v. Baker
Petitioner successfully argued his counsel's performance was deficient but failed to show he was prejudiced by it. |
Criminal Law and Procedure |
|
M. Christen | Dec. 22, 2020 |
20A96
|
Danville Christian Academy, Inc. v. Beshear
Order |
|
Dec. 21, 2020 | ||
20-366
|
Trump v. New York
Plaintiffs had not suffered concrete harm from President's memorandum requesting Secretary to exclude undocumented immigrants from apportionment base following census. |
Constitutional Law |
|
P. Curiam (USSC) | Dec. 21, 2020 |
F078825
|
Dept. of Human Resources v. International Union of Operating Engineers
Arbitrator's conclusion that once employee requests purge of negative materials in personnel file, those files cannot be used to support adverse action violated public policy related to civil service employment. |
Arbitration |
|
D. Franson | Dec. 21, 2020 |
F080264
|
City of Fresno v. Fresno Building Healthy Communities
Trial court incorrectly concluded that the term 'local government' as used in Article XIII C, Section 2(d) of the California Constitution includes the electorate. |
Government |
|
M. Snauffer | Dec. 21, 2020 |
E074054
|
People v. Palacios
Trial court properly denied defendant's petition for resentencing under Penal Code Section 1170.95 because defendant had not established a prima facie case for relief. |
Criminal Law and Procedure |
|
C. Codrington | Dec. 21, 2020 |
19-55348
|
Dr. Seuss Enterprises v. ComicMix LLC
Defendants' use of Dr. Seuss's copyrighted works, including the book 'Oh, the Places You'll Go!' was not fair use. |
Copyright |
|
M. McKeown | Dec. 21, 2020 |
S256698
|
People v. Gentile
Senate Bill 1437 bars conviction of second degree murder under theory that defendant aided and abetted a crime, the natural and probable consequence of which was murder. |
statutory_interpretation |
|
G. Liu | Dec. 18, 2020 |
B299743
|
Malek Media Group LLC v. AXQG Corp.
Trial court properly confirmed arbitration award because arbitrator was not required to disclose his prior relationship with LGBTQ rights organization. |
Arbitration |
|
H. Dhanidina | Dec. 18, 2020 |
A160032
|
People v. Estrada
Trial court properly construed Penal Code Section 1170.91(b)(1) as applicable only to defendants serving determinate sentences; thus, defendant was ineligible for resentencing. |
statutory_interpretation |
|
G. Burns | Dec. 18, 2020 |
F079811
|
Modification: Davis v. Fresno Unified School Dist.
Trial court erroneously interpreted plaintiff's lawsuit as exclusively 'in rem' reverse validation action. |
Civil Procedure |
|
D. Franson | Dec. 18, 2020 |
19-55820
|
Beverly Oaks v. Blue Cross & Blue Shield
Plaintiff, an assignee of its patients, sufficiently alleged that defendant waived an anti-assignment provision in ERISA plan documents as a reason for denying the benefits claim. |
Health Care |
|
J. Choe-Groves | Dec. 18, 2020 |
20-297
|
Transunion LLC v. Ramirez
Order |
|
Dec. 17, 2020 |