Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
E073190
|
People v. Stockman
Although there is no basis for model jury instructions CALCRIM No. 2100 and CALCRIM No. 2110 to differ from one another regarding whether defendant was under the influence, any error was harmless. |
Criminal Law and Procedure |
|
M. Raphael | Nov. 4, 2020 |
A159144
|
Manson Construction Co. v. County of Contra Costa
Vessel Use Exemption to property taxation did not apply to plaintiff's vessels, which were not 'engaged in the transportation of freight' within the meaning of the exemption. |
Tax |
|
I. Petrou | Nov. 4, 2020 |
19-1261
|
Taylor v. Riojas
No reasonable correctional officer could have concluded it was constitutionally permissible to house naked inmate in feces-covered cell for six days. |
Constitutional Law |
|
P. Curiam (USSC) | Nov. 4, 2020 |
19-1108
|
Mckesson v. Doe
Fifth Circuit should not have ventured into uncertain area of tort law without first seeking guidance on controlling state law from state's supreme court. |
Constitutional Law |
|
P. Curiam (USSC) | Nov. 4, 2020 |
19-1098
|
National Football League v. Ninth Inning, Inc.
Order |
|
Nov. 4, 2020 | ||
19-55042
|
Grigsby v. BofI Holding
District court erred by concluding that article containing information obtained through Freedom of Information Act request could not qualify as corrective disclosure for purposes of establishing loss causation. |
Securities |
|
M. Christen | Nov. 4, 2020 |
B293960
|
Niedermeier v. FCA US LLC
Plaintiff's restitution award under Song-Beverly Consumer Warranty Act was reduced to account for credit plaintiff received towards purchase price of new vehicle when she traded in her defective vehicle. |
Remedies |
|
H. Bendix | Nov. 3, 2020 |
D077038
|
People v. Kruse
Because jury was instructed on the way of violating Penal Code Section 69 that does not necessarily include violation of Section 148(a)(1), court properly refused to instruct on latter as lesser included offense. |
Criminal Law and Procedure |
|
P. Benke | Nov. 3, 2020 |
B292539
|
Hoffmann v. Young
Defendant's express invitation of plaintiff to come onto his parents' property operated as express invitation by landowner under Civil Code Section 846(d)(3) and thereby stripped defendant's parents of immunity. |
Torts |
|
K. Yegan | Nov. 3, 2020 |
H045757
|
Pinto Lake MHP LLC v. County of Santa Cruz
Trial court properly concluded that residents of mobile home park were necessary parties to owner's lawsuit seeking rent increase but remand was necessary to determine whether lawsuit should proceed in residents' absence. |
Civil Procedure |
|
A. Grover | Nov. 3, 2020 |
B298570
|
People v. Roldan
Defendant's Penal Code Section 1170.95 petition for resentencing was properly denied because he was convicted under actual implied malice theory, not malice imputed under natural and probable consequences doctrine. |
Criminal Law and Procedure |
|
V. Chaney | Nov. 3, 2020 |
A158095
|
People v. Reyes
Attempting to dissuade witness from reporting crime under Penal Code Section 136.1(b)(1) applies only to dissuasion of reports about completed crimes, not future crimes. |
statutory_interpretation |
|
J. Streeter | Nov. 3, 2020 |
A158186
|
People v. Braud
When a postrelease supervision violation and reinstatement both occur during the probationary period, a court may extend the termination date by tolling. |
Criminal Law and Procedure |
|
L. Burns | Nov. 3, 2020 |
H047254
|
People v. Lopez
Penal Code Section 1170.95 requires the prosecutor to prove beyond a reasonable doubt each element of first or second degree murder under current law in order to establish ineligibility. |
statutory_interpretation |
|
F. Elia | Nov. 3, 2020 |
19-35700
|
Coleman v. Saul
Administrative law judge did not err in discounting claimant's testimony based on her finding that claimant had engaged in drug-seeking behavior. |
Administrative Agencies |
|
R. Gilman | Nov. 3, 2020 |
B296926
|
Deiro v. L.A. County Civil Service Commission
Civil Service Commission properly dismissed plaintiff's appeal because it had no jurisdiction to order reinstatement to a retired person whose future status as an employee is no longer at issue. |
Administrative Agencies |
|
E. Grimes | Nov. 2, 2020 |
G058222
|
Modification: People v. Zorich
Trial court lacked substantial evidence to deny defendant's petition under Proposition 47 because he submitted evidence from Kelley Blue Book indicating value of stolen vehicle was less than $950. |
Criminal Law and Procedure |
|
E. Moore | Nov. 2, 2020 |
B300824
|
Levine v. Berschneider
Sanctions were proper against attorney who told court that he received no word from opposing counsel at hearing to enforce settlement agreement even though settlement was paid in full. |
Civil Procedure |
|
K. Yegan | Nov. 2, 2020 |
G057766
|
Luxury Asset Lending v. Philadelphia Television Network
Trial court erred in denying defendant's motion to vacate and set aside default judgment as untimely because defendant had limited resources and was facing litigation on three fronts. |
Civil Procedure |
|
W. Bedsworth | Nov. 2, 2020 |
B303289
|
Arrow Highway Steel, Inc. v. Dubin
Code of Civil Procedure Section 351 violates Dormant Commerce Clause as applied to defendants who move out of California to operate businesses engaged in interstate commerce. |
Constitutional Law |
|
B. Hoffstadt | Nov. 2, 2020 |
A156322
|
Olson v. Lyft, Inc.
'Iskanian v. CLS Transportation Los Angeles, LLC's holding was applicable to invalidate PAGA waivers and Supreme Court's holding in 'Epic Systems Corp. v. Lewis' did not overrule it. |
Arbitration |
|
J. Richman | Nov. 2, 2020 |
C089368
|
People v. Pack-Ramirez
Conditional remand for primary caregiver diversion eligibility hearing was denied because program is only offered upon written agreement of judge, prosecuting entity and public defender. |
statutory_interpretation |
|
J. Renner | Nov. 2, 2020 |
A158840
|
People v. Lopez
Proposition 57 applies retroactively to juveniles whose judgment is not final and because defendant was resentenced under Penal Code Section 1170(d)(1), his new sentence was not final. |
statutory_interpretation |
|
T. Brown | Nov. 2, 2020 |
19-72681
|
Medina-Rodriguez v. Barr
Applying time-of-conviction rule, petitioner's conviction qualified as aggravated felony because California and federal definitions of marijuana were identical at time of his conviction. |
Immigration |
|
M. Smith | Nov. 2, 2020 |
20-542
|
Republican Party of Pennsylvania v. Boockvar
Order |
|
Oct. 30, 2020 | ||
20A72
|
Moore v. Circosta
Order |
|
Oct. 30, 2020 | ||
A153135
|
People v. Ruiz
Defendant's confrontation clause rights were not violated when trial court admitted minor's out-of-court statements to social worker into evidence, because social worker's primary purpose was to assess child's safety. |
Criminal Law and Procedure |
|
T. Stewart | Oct. 30, 2020 |
G057176
|
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 | Oct. 30, 2020 |
B302910
|
In re D.N.
Juvenile court erroneously believed it lacked authority to grant father's continuance request to extend his reunification services under Welfare and Institutions Code Section 352. |
Dependency |
|
H. Bendix | Oct. 30, 2020 |
B299765
|
Miles v. City of Los Angeles
Wage Order No. 9 only applies to workers in transportation industry and sanitation workers do not become part of transportation industry simply because they transport waste. |
Labor Law |
|
V. Chaney | Oct. 30, 2020 |