Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
15-10614
|
U.S. v. Sineneng-Smith
District court properly denied appellant's motion to dismiss indictment for violation of 8 U.S.C. Section 1324(a)(1)(A)(iv) because statute is not limited to conduct involving fraud. |
Criminal Law and Procedure |
|
A. Tashima | Dec. 9, 2020 |
19-36039
|
Clare v. Clare
Summary judgment was reversed because husband's unauthorized access into his wife's work e-mails could constitute violation of Stored Communications Act. |
Cyber Law |
|
M. Hawkins | Dec. 9, 2020 |
A156312
|
Szarowicz v. Birenbaum
Summary judgment based on primary assumption of risk doctrine was not proper because triable issue of material fact existed as to whether defendant increased risks inherent in no-check hockey. |
Torts |
|
J. Richman | Dec. 8, 2020 |
B294642
|
Hildebrandt v. Staples the Office Superstore, LLC
Statute of limitations should have been tolled during class certification proceeding where same claims were asserted by different putative class member. |
Civil Procedure |
|
A. Egerton | Dec. 8, 2020 |
19-55802
|
Lawson v. PPG Architectural Finishes, Inc.
Order |
|
Dec. 8, 2020 | ||
18-16995
|
Hotop v. City of San Jose
No reasonable expectation of privacy in property owners' financial information required to be disclosed to city about rent stabilized units since landlords already provided such information. |
Civil Rights |
|
P. Curiam (9th Cir.) | Dec. 8, 2020 |
18-16995
|
Center for Biological Diversity v. Zinke
Respondent acted arbitrarily and capriciously by failing to quantify emissions resulting from foreign oil consumption in its environmental impact statement as required by National Environmental Policy Act. |
Environmental Law |
|
R. Paez | Dec. 8, 2020 |
B298318
|
Gulf Offshore Logistics, LLC v. Superior Court (Norris)
California's wage and hour laws apply to workers performing all or most of their work in California; residence of employees or location of employer are not relevant factors. |
Civil Procedure |
|
K. Yegan | Dec. 8, 2020 |
B298794
|
Prang v. Amen
Respondent's petition for writ of administrative mandate was properly granted because 'stock' under Revenue and Taxation Code Section 62(a)(2) applies to all classes of stock, including both voting and non-voting stock. |
Tax |
|
L. Rubin | Dec. 8, 2020 |
B299132
|
Humphreville v. City of Los Angeles
City's ongoing practice of transferring surplus from Department of Water and Power's revenue fund to City's General Fund did not constitute tax. |
Tax |
|
B. Hoffstadt | Dec. 7, 2020 |
A152421
|
People v. Abbate
Gang conspiracy statute does not require any prior agreement among conspirators to assist in commission of particular target crime. |
statutory_interpretation |
|
C. Fujisaki | Dec. 7, 2020 |
B292863
|
Domestic Linen Supply Co., Inc. v. L J T Flowers, Inc.
Arbitration clause on reverse side of contract, after parties' signatures, in eight-point type, with no headings, italics, or boldface was inconspicuous; thus, petition to compel arbitration was properly denied. |
Arbitration |
|
A. Gilbert | Dec. 7, 2020 |
20-55907
|
Harvest Rock Church, Inc. v. Newsom
Order |
|
Dec. 7, 2020 | ||
17-55577
|
McGee v. S-L Snacks National
Plaintiff did not plausibly allege that, as a result of her purchase and consumption of Pop Secret, she suffered economic injury or present and future physical injury. |
Constitutional Law |
|
A. Tashima | Dec. 7, 2020 |
A152786
|
People v. Joaquin
Plea bargain requiring 12-year prison sentence was unenforceable because Senate Bill No. 136 invalidated prior prison enhancement. |
Criminal Law and Procedure |
|
M. Simons | Dec. 7, 2020 |
20-1039
|
In re John Jean Bral
Bankruptcy Code preempted state law causes of action because they arose from debtor's filing of voluntary bankruptcy petition on behalf of his company. |
Bankruptcy |
|
G. Spraker | Dec. 4, 2020 |
E074178
|
In re D.H.
Sealing juvenile records under Welfare & Institutions Code Section 786(e) is inapplicable where minor has been declared ward of the court following adjudicated hearings. |
Juveniles |
|
C. Codrington | Dec. 4, 2020 |
F077267
|
Ventura Coastal v. Occupational Safety & Health Appeals Bd.
Plaintiff should be allowed to amend its petition for writ of mandate to allege facts supporting application of equitable tolling doctrine. |
Administrative Agencies |
|
B. Hill | Dec. 4, 2020 |
H042715
|
Kwan Software Engineering, Inc. v. Hennings
Trial court abused its discretion in denying defendants' request for monetary sanctions against plaintiffs for misuse of discovery process. |
Civil Procedure |
|
A. Danner | Dec. 4, 2020 |
18-35072
|
Tovar v. Zuchowski
To qualify for derivative U-visa as spouse, person need not have been married to applicant when Form I-918 was filed, so long as marriage exists when applicant receives U-visa. |
Immigration |
|
S. Graber | Dec. 4, 2020 |
17-50336
|
U.S. v. Lozoya
Vennue for in- flight federal crimes is proper in landing district, not district sitting directly below plane when crime was committed. |
statutory_interpretation |
|
M. Bennett | Dec. 4, 2020 |
18-17356
|
Center for Investigative Reporting v. USDOJ
Tiahrt Rider did not exempt records concerning weapon ownership by former law enforcement from disclosure under Freedom of Information Act. |
statutory_interpretation |
|
K. Wardlaw | Dec. 4, 2020 |
B302241
|
Modification: Prescription Opioid Cases
Rule 3.516 of California Rules of Court only permits one judicial peremptory challenge per side in Judicial Council Coordination Proceedings. |
Civil Procedure |
|
A. Egerton | Dec. 3, 2020 |
B290805
|
Conservatorship of O.B.
Mother's testimony was sufficient evidence to support establishing limited conservatorship of her daughter despite expert testimony opining against conservatorship. |
Conservatorship |
|
K. Yegan | Dec. 3, 2020 |
15-50509
|
U.S. v. Collazo
To obtain conviction for conspiracy to distribute controlled substances, government need not prove defendant's knowledge or intent with respect to drug type and quantity. |
statutory_interpretation |
|
S. Ikuta | Dec. 3, 2020 |
20-35127
|
In the Matter of Garrett
Because alleged tort did not occur on navigable waters, complaint was not cognizable under district court's admiralty jurisdiction. |
Civil Procedure |
|
A. Tashima | Dec. 3, 2020 |
19-17213
|
City and County of San Francisco v. USCIS
Panel preserved prior, longstanding public policy by affirming injunction against enforcing Department of Homeland Security's new definition of 'public charge.' |
Immigration |
|
M. Schroeder | Dec. 3, 2020 |
18-56256
|
Broidy Capital Management v. State of Qatar
District court properly dismissed plaintiff's complaint for lack of subject matter jurisdiction under Foreign Sovereign Immunities Act because tortious activity exception did not apply. |
Civil Procedure |
|
D. Collins | Dec. 3, 2020 |
19-16478
|
Bair v. California Dept. of Transportation
District court erred in finding California Department of Transportation's Environmental Assessment for proposed highway improvement within state park arbitrary and capricious. |
Environmental Law |
|
F. Fernandez | Dec. 3, 2020 |
B294632
|
People v. Avila
Ruling on a 'Romero' motion requires consideration of nature and circumstance of crime actually committed, not crime that might have occurred. |
Criminal Law and Procedure |
|
H. Dhanidina | Dec. 2, 2020 |