Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B298958
|
Modification: Ramos v. Mercedes-Benz USA, LLC
Buyer may not obtain restitution of new vehicle's full price, where manufacturer failed to complete repairs within 30 days, but defect did not substantially impair vehicle's use, value or safety. |
Consumer Law |
|
E. Grimes | Oct. 5, 2020 |
B301147
|
People v. Betts
Penal Code Section 667.61(j)(2)'s One Strike law's sentencing provisions applied to convictions for lewd acts on a child under age 14. |
statutory_interpretation |
|
M. Tangeman | Oct. 5, 2020 |
B302892
|
People v. Love
Defendants convicted of attempted murder on a natural and probable consequences theory are excluded from relief under Senate Bill 1437. |
statutory_interpretation |
|
B. Hoffstadt | Oct. 5, 2020 |
A157154
|
People v. American Surety Company
Trial court properly forfeited bond after defendant failed to appear even though bond posted was less than amount ordered by the court due to miscommunication. |
Criminal Law and Procedure |
|
T. Stewart | Oct. 5, 2020 |
B288396
|
Lopez v. City of Los Angeles
Because commercial business leasing property did no more than put driveway and gutter to their ordinary uses, it did not control area where plaintiff fell. |
Torts |
|
B. Hoffstadt | Oct. 5, 2020 |
H047586
|
In re J.P.
Pursuant to Family Code Section 7642, juvenile court had authority to determine that its prior order denying presumed parent status should be modified. |
Dependency |
|
E. Premo | Oct. 5, 2020 |
19-55898
|
Lockett v. County of Los Angeles
Government Code Section 945.3's 'based upon' language applied to plaintiff's 'Monell' claim, and his claim was properly tolled until dismissal of his criminal charges. |
Civil Rights |
|
P. Bumatay | Oct. 5, 2020 |
B298958
|
Ramos v. Mercedes-Benz USA, LLC
Buyer may not obtain restitution of new vehicle's full price, where manufacturer failed to complete repairs within 30 days, but defect did not substantially impair vehicle's use, value or safety. |
Consumer Law |
|
E. Grimes | Oct. 2, 2020 |
B301267
|
People v. McCallum
Trial court abused its discretion in denying defendant an opportunity to present information relevant to Secretary of Department of Corrections and Rehabilitation's recommendation for recall and resentencing. |
Criminal Law and Procedure |
|
G. Feuer | Oct. 2, 2020 |
19-55586
|
Arcona Inc. v. Farmacy Beauty
A trademark counterfeit claim requires a showing of likelihood of confusion under 15 U.S.C. Section 1114. |
Intellectual Property |
|
K. Lee | Oct. 2, 2020 |
20-16868
|
National Urban League v. Ross
Order |
|
Oct. 2, 2020 | ||
20-55907
|
Harvest Rock Church Inc. v. Newsom
Order |
|
Oct. 2, 2020 | ||
B299067
|
Alborzi v. University of Southern California
Trial court erred by impliedly finding that hospital's decision to dissolve panel of physicians was quasi-legislative because it ignored plaintiff's factual allegations. |
Civil Procedure |
|
A. Collins | Oct. 1, 2020 |
A157401
|
Bader v. Avon Products
'Bristol-Myers Squibb Co. v. Superior Court' does not require proof of a product defect at the jurisdictional phase. |
Torts |
|
T. Brown | Oct. 1, 2020 |
19-70365
|
Chades v. Hill
Petitioner's application for leave to file a second or successive habeas corpus petition pursuant to 28 U.S.C. Section 2244(b)(1) was denied. |
Prisoners' Rights |
|
J. Bybee | Oct. 1, 2020 |
18-16823
|
Revitch v. DIRECTV LLC
Arbitration agreements may not be invoked by a party's affiliate who was not an affiliate when the agreement was entered. |
Arbitration |
|
D. O'Scannlain | Oct. 1, 2020 |
17-71964
|
Velasquez-Gaspar v. Barr
Substantial evidence supported agency's determination that petitioner failed to establish that Guatemalan government was unwilling or unable to protect her from abuse by her ex-boyfriend. |
Immigration |
|
C. Callahan | Oct. 1, 2020 |
A156089
|
Sieg v. Fogt
Evidence was sufficient to support finding that appellant willfully departed from accepted trade standards for good and workmanlike construction in violation of Business and Professions Code Section 7109(a). |
Administrative Agencies |
|
J. Streeter | Sep. 30, 2020 |
B300430
|
People v. Duke
Trial court erred by analyzing defendant's case under requirements of felony murder but the error was harmless. |
Criminal Law and Procedure |
|
F. Rothschild | Sep. 30, 2020 |
A159208
|
People v. Johnson
Appellant's recommitment order under Mentally Disordered Offender Act was reversed based on absence of evidence showing appellant would be led to endanger others. |
Criminal Law and Procedure |
|
J. Kline | Sep. 30, 2020 |
A156819
|
Williams v. County of Sonoma
If primary assumption of risk doctrine applied, County nonetheless owed plaintiff duty not to increase inherent risks of long-distance, recreational cycling. |
Torts |
|
M. Simons | Sep. 30, 2020 |
B298696
|
Butler America v. Aviation Assurance Co.
Trial court properly added defendants as judgment debtors because evidence supported its finding that defendants were alter egos of original judgment debtor, which was a shell entity. |
Corporations |
|
A. Gilbert | Sep. 30, 2020 |
B299678
|
People v. Bentley
Appellant was not eligible for resentencing under Penal Code Section 1170.95 because he was not convicted of felony murder or murder pursuant to a natural and probable consequences theory. |
statutory_interpretation |
|
K. Yegan | Sep. 30, 2020 |
H044661
|
Reyes v. Kruger
Appellant's challenge to the order on anti-SLAPP motions was not cognizable on appeal from the judgment. |
Anti-SLAPP |
|
E. Premo | Sep. 29, 2020 |
G057371
|
Santos v. Crenshaw Manufacturing, Inc.
'Power press exception' to principle of workers' compensation exclusivity applied because machine's instruction manual required use of 'adequate guards,' which went unheeded by present user. |
Labor Law |
|
W. Bedsworth | Sep. 29, 2020 |
19-15981
|
Miller v. C.H. Robinson Worldwide
Plaintiff's negligence claim against freight broker fell within Federal Aviation Administration Authorization Act's exception to preemption for 'the safety regulatory authority of a State with respect to motor vehicles.' |
statutory_interpretation |
|
J. Nguyen | Sep. 29, 2020 |
18-15498
|
Ford v. Peery
Prosecutor's repeated statements, endorsed by trial judge, that presumption of innocence no longer applied violated due process under 'Darden v. Wainwright.' |
Criminal Law and Procedure |
|
W. Fletcher | Sep. 29, 2020 |
17-17257
|
Cook v. Kernan
Order |
|
Sep. 29, 2020 | ||
18-15455
|
Pacific Choice Seafood v. Ross
Defendant's 2.7 percent quota limiting the total allowable catch for Pacific non-whiting groundfish under Magnuson-Stevens Fishery Conservation and Management Act of 1976 was proper. |
Environmental Law |
|
E. Miller | Sep. 28, 2020 |
18-17404
|
Lam v. Acosta
District court erred in denying officer's judgment as a matter of law motion on plaintiff's loss of familial relationship claim because there was insufficient evidence officer acted with requisite purpose to harm. |
Civil Rights |
|
S. Thomas | Sep. 28, 2020 |