| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
H046558
|
Marriage of Sawyer
Family Code Section 5700.608 barred modification of child support order which was confirmed by operation of law due to husband's failure to timely challenge its registration. |
Family Law |
|
A. Danner | Nov. 25, 2020 |
|
A157299
|
Communities for a Better Environment v. Energy Resources
Public Resources Code Section 25531 unconstitutionally abridges superior and appellate courts' original jurisdiction to hear Energy Resources Conservation and Development Commission siting decisions. |
Administrative Agencies |
|
A. Tucher | Nov. 25, 2020 |
|
A160701
|
Modification: People v. Uber Technologies, Inc.
Because drivers performed services for defendant rideshare companies in usual course of defendants' businesses, there was reasonable probability of prevailing on drivers' claim that defendants misclassified drivers. |
Employment Law |
|
J. Streeter | Nov. 25, 2020 |
|
A156085
|
St. Mary & St. John Coptic Orthodox Church v. SBC Insurance Services, Inc.
Insurance policy's 60-day vacancy provision unambiguously counted backwards from the date of the loss, regardless of property ownership. |
Insurance |
|
T. Brown | Nov. 25, 2020 |
|
15-72999
|
Amended Opinion: Vega-Anguiano v. Barr
No valid legal basis for petitioner's removal order at time of its execution because underlying conviction had been expunged under state rehabilitative statute and he satisfied requirements of Federal First Offender Act. |
Immigration |
|
W. Fletcher | Nov. 25, 2020 |
|
16-35402
|
In re Taggart
Civil contempt is appropriate where there is no objectively reasonable basis for concluding that creditor's conduct was lawful. |
Bankruptcy |
|
C. Bea | Nov. 25, 2020 |
|
A157299
|
Modification: Communities for a Better Environment v. Energy Resources
Public Resources Code Section 25531 unconstitutionally abridges superior and appellate courts' original jurisdiction to hear Energy Resources Conservation and Development Commission siting decisions. |
Administrative Agencies |
|
A. Tucher | Nov. 25, 2020 |
|
B295632
|
Modification: State Lands Commission v. Plains Pipeline, L.P.
Plaintiff was not entitled to immunity from liability as public utility because it does not deliver essential municipal services to members of the general public. |
Torts |
|
A. Gilbert | Nov. 24, 2020 |
|
E072772
|
Coughenour v. Del Taco
Defendant's motion to compel arbitration was properly denied because plaintiff did not ratify arbitration agreement by continuing to work for defendant for four months after reaching age of 18. |
Arbitration |
|
D. Miller | Nov. 24, 2020 |
|
D076461
|
In re Edgerrin J.
Vague citizen's tip of 'shady' behavior, without more, could not furnish reasonable suspicion to justify detaining four minors. |
Juveniles |
|
W. Dato | Nov. 24, 2020 |
|
S123813
|
People v. Flinner
Antagonistic defenses require severance only when conflict is so prejudicial, that defenses are irreconcilable, and jury will infer that conflict alone demonstrates both are guilty. |
Criminal Law and Procedure |
|
L. Kruger | Nov. 24, 2020 |
|
S114671
|
People v. Schultz
There was no error in admitting expert testimony regarding actions taken in an initial expert's analysis; thus, death penalty was affirmed. |
Criminal Law and Procedure |
|
T. Cantil-Sakauye | Nov. 24, 2020 |
|
19-10448
|
U.S. v. Bautista
District court erred in applying recidivist sentencing enhancement based on defendant's prior state conviction for transportation of marijuana after hemp was removed from federal drug schedule. |
statutory_interpretation |
|
W. Fletcher | Nov. 24, 2020 |
|
19-30107
|
U.S. v. Gutierrez
Order |
|
Nov. 24, 2020 | ||
|
19-16686
|
Benson v. Casa De Capri Enterprises
Order |
|
Nov. 24, 2020 | ||
|
19-35389
|
Olson v. U.S.
Plaintiff's claims under Family and Medical Leave Act were barred by statute of limitations because plaintiff did not prove that defendant willfully interfered with plaintiff's FMLA rights. |
Civil Procedure |
|
R. Benitez | Nov. 24, 2020 |
|
B304240
|
People v. Superior Court (Cal Cartage Transportation Express, LLC)
Federal Aviation Administration Authorization Act of 1994 does not preempt application of 'ABC' test under 'Dynamex Operations W. v. Superior Court.' |
Employment Law |
|
B. Currey | Nov. 23, 2020 |
|
19-10243
|
U.S. v. Ngumezi
Police officer violated defendant's Fourth Amendment right by opening passenger-side car door and leaning inside to ask for registration without any particularized justification, such as that driver posed danger. |
Criminal Law and Procedure |
|
E. Miller | Nov. 23, 2020 |
|
20-10043
|
U.S. v. Houston
Order |
|
Nov. 23, 2020 | ||
|
18-35789
|
Boule v. Egbert
'Bivens' remedies were available where US citizen alleged that border patrol agent violated Fourth Amendment by using excessive force while carrying out official duties within US. |
Civil Rights |
|
W. Fletcher | Nov. 23, 2020 |
|
19-15541
|
Rico v. Ducart
Prison officials were entitled to qualified immunity for inmate's claims of sleep deprivation from inherently loud court-ordered suicide-prevention checks. |
Civil Rights |
|
R. Tallman | Nov. 23, 2020 |
|
18-56620
|
3500 Sepulveda LLC v. RREEF America REIT II
District court erred in granting summary judgment to defendants because plaintiff did not give up its rights under agreement between the parties. |
Real Property |
|
M. Bennett | Nov. 23, 2020 |
|
B298753
|
People v. Shelp
Post Release Community Supervision was enacted to rehabilitate nonviolent felons, not to reward the felon with custody credits that can theoretically reduce supervision period to zero. |
statutory_interpretation |
|
K. Yegan | Nov. 23, 2020 |
|
B301158
|
Triyar Hospitality Management v. WSI (II) HWP
Judgment based on alter ego doctrine was affirmed because company owners personally funded underlying litigation, there was unity of interest and ownership, and inequity would otherwise result. |
Civil Procedure |
|
A. Gilbert | Nov. 23, 2020 |
|
A157917
|
People v. Williams
Trial court did not err in determining that it could consider hearsay information contained in this court's prior opinion on defendant's appeal because hearsay information contained therein was reliable. |
Evidence |
|
I. Petrou | Nov. 23, 2020 |
|
G057176
|
Modification: Cornerstone Realty Advisors, LLC v. Summit Healthcare
Trial court erred by categorically denying defendant's attorney's fees incurred before July 12, 2016 as a result of plaintiff's abuse of the discovery process. |
Civil Procedure |
|
R. Fybel | Nov. 23, 2020 |
|
B298265
|
Reuter v. Macal
Lower court's application of 'Muktarian v. Barmby's tolling rule was affirmed because plaintiff was in continuous possession of the property. |
Real Property |
|
D. Kim | Nov. 20, 2020 |
|
B295632
|
State Lands Commission v. Plains Pipeline, L.P.
Plaintiff was not entitled to immunity from liability as public utility because it does not deliver essential municipal services to members of the general public. |
Torts |
|
A. Gilbert | Nov. 20, 2020 |
|
B299638
|
People v. Swanson
Appellant was convicted of provocative act murder, which requires the perpetrator act with conscious disregard for life; thus, he was ineligible for relief under Senate Bill No. 1437. |
Criminal Law and Procedure |
|
V. Chaney | Nov. 20, 2020 |
|
E074674
|
People v. Gallo
Penal Code Section 1170.95 did not apply to defendant because he was the sole killer and jury found him guilty of second degree murder under Section 187(a). |
Criminal Law and Procedure |
|
D. Miller | Nov. 20, 2020 |
