Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
18-17026
|
Cates v. Stroud
Although subjecting prison visitor to unconsented strip search without first giving her the option to leave violated the Fourth Amendment, qualified immunity applied. |
Civil Rights |
|
W. Fletcher | Sep. 28, 2020 |
18-10429
|
U.S. v. Ramirez
Ruse that revealed officers' identity as law enforcement but misrepresented purpose of their investigation so that officers could evade limitations on their authority violated Fourth Amendment. |
Criminal Law and Procedure |
|
K. Wardlaw | Sep. 28, 2020 |
A155107
|
Chaplin v. State Personnel Board
Employees' failure to appeal within 30 days made employer's disciplinary action final and employer was prohibited from withdrawing it and initiating new adverse action. |
Government |
|
J. Humes | Sep. 25, 2020 |
18-17445
|
Amended Opinion: In re Nanette Sisk
When there is no objection, bankruptcy plan need not include fixed duration because no express provision of Chapter 13 prohibits plans with estimated lengths. |
Bankruptcy |
|
P. Bumatay | Sep. 25, 2020 |
13-70653
|
Torres v. Barr
'At the time of application for admission' in 8 U.S.C. Section 1182(a)(7) refers to particular point in time when noncitizen submits an application to physically enter the United States. |
Immigration |
|
K. Wardlaw | Sep. 25, 2020 |
S062417
|
Modification: People v. Silveria and Travis
Defendants failed to demonstrate that trial court abused its discretion in denying defendants' severance motions. |
Criminal Law and Procedure |
|
J. Groban | Sep. 25, 2020 |
D076104
|
Murray v. Tran
Although alleged defamatory statements were of public concern, they were not made in connection with public discussion and thus not protected by anti-SLAPP statute. |
Anti-SLAPP |
|
J. Haller | Sep. 25, 2020 |
B302700
|
In re Samuel A.
Trial court incorrectly characterized appellant's Welfare and Institutions Code Section 388 petition as untimely new trial motion under Code of Civil Procedure Section 659. |
Dependency |
|
D. Perluss | Sep. 25, 2020 |
A157097
|
Doe v. Google, Inc.
Because plaintiffs' claims addressed conduct affecting individual employees, as distinct from NLRA's focus on concerted activity, and because this state-court action posed no threat to NLRA's jurisdiction, local interest exception to preemption applied. |
Civil Procedure |
|
A. Tucher | Sep. 24, 2020 |
B297037
|
Heshejin v. Rostami
Plaintiffs' derivative claims were barred by compulsory cross-complaint rule because they existed in related cause of action. |
Civil Procedure |
|
G. Feuer | Sep. 24, 2020 |
C089338
|
Gomez v. Smith
Trial court applied correct legal standard for mental capacity under Probate Code Sections 811 and 812. |
probate_and_trusts |
|
R. Robie | Sep. 24, 2020 |
B295235
|
Modification: People v. Byers
There was insufficient evidence defendant was armed with a firearm during the offense of possessing the firearm. |
Criminal Law and Procedure |
|
Sep. 24, 2020 | |
C079709
|
People v. Xiong
Defendant's testimony regarding his cultural experience was relevant to his state of mind and tended to prove why he would have given false confession, but preclusion was harmless error. |
Criminal Law and Procedure |
|
W. Murray | Sep. 24, 2020 |
A157368
|
People v. Redus
Evidence did not provide required link between appellant's ongoing mental illness and his purported difficulty in controlling his potentially dangerous behavior. |
Criminal Law and Procedure |
|
J. Kline | Sep. 24, 2020 |
E070859
|
People v. Oliver
Lack of victim's consent is not an element or affirmative defense of human trafficking an adult in violation of Penal Code Section 236.1(b). |
statutory_interpretation |
|
A. McKinster | Sep. 24, 2020 |
19-35186
|
McIntyre v. Eugene School District 4J
'Crux' of plaintiff's complaint sought relief for disability-based discrimination and harassment plaintiff faced at school; thus, she was not required to exhaust administrative remedies under Individuals with Disabilities Education Act. |
Disability Discrimination |
|
R. Paez | Sep. 24, 2020 |
B303086
|
Modification: People v. Martinez
Where trial court revokes supervision and Legislature enacts ameliorative statute prior to or during pendency of appeal from revocation order, defendant is entitled to seek relief under new law. |
statutory_interpretation |
|
M. Tangeman | Sep. 24, 2020 |
C089159
|
Koussaya v. City of Stockton
Summary judgment in favor defendants was proper because there was no triable issue of fact regarding whether officers unreasonably fired at robber during a high-speed chase. |
Civil Procedure |
|
A. Hoch | Sep. 23, 2020 |
B301466
|
People v. Perez
Trial court can consider preliminary hearing testimony in determining as part of its second prima facie review under Penal Code Section 1170.95(c), whether petitioner has made showing he is entitled to relief. |
statutory_interpretation |
|
G. Feuer | Sep. 23, 2020 |
19-15899
|
McShannock v. JP Morgan Chase Bank
The Home Owners' Loan Act of 1933 and its implementing regulations preempted California's law requiring at least 2 percent interest payments on escrow accounts. |
Civil Procedure |
|
R. Nelson | Sep. 23, 2020 |
18-35001
|
Allen v. Ives
Order |
|
Sep. 23, 2020 | ||
E074401
|
In re King
Proposition 57 does not exclude sex offender registrants from early parole consideration based on prior convictions, because early parole consideration must be based solely on present offense of conviction. |
Criminal Law and Procedure |
|
F. Menetrez | Sep. 22, 2020 |
E069462
|
Modification: Riverside County Transportation Comm. v. Southern California Gas Co.
Once County Transportation Commission terminated Gas Company's licenses for pipelines that stood in the way of new rail line, Gas Company could be held liable for trespass. |
Utilities |
|
Sep. 21, 2020 | |
B305626
|
People v. Superior Court (Reagan)
District Attorney filed its Civil Procedure Section 170.6 motion more than ten days after notice of the assignment; thus, the peremptory challenge was untimely. |
Civil Procedure |
|
L. Baker | Sep. 21, 2020 |
B301292
|
People v. Kurianski
When parolee admits parole violation for specified sentence and expressly waives his right to preliminary and final parole hearings, he waives his statutory right to have preparation of written report. |
Criminal Law and Procedure |
|
B. Hoffstadt | Sep. 21, 2020 |
A157330
|
Oakland Bulk and Oversized Terminal, LLC v. City of Oakland
Defendant's anti-SLAPP motion had no merit because plaintiffs' complaint was not based on protected activity. |
Anti-SLAPP |
|
J. Richman | Sep. 21, 2020 |
B301297
|
People v. DeCasas
Trial court properly granted defendant's motion to dismiss petition under Sexually Violent Predator Act because it was filed 13 years ago and thus, deprived him of his due process right to speedy trial. |
Criminal Law and Procedure |
|
F. Rothschild | Sep. 21, 2020 |
18-16723
|
Tinian Women Association v. U.S. Dept. of the Navy
Navy's deferral of consideration of cumulative impacts to a future environmental impact statement was not error. |
Environmental Law |
|
M. McKeown | Sep. 21, 2020 |
19-55185
|
SEIU Local 121RN v. Los Robles Regional Medical Center
Pursuant to authority under 'Granite Rock Co. v. Int'l Bhd. Of Teamsters,' district court was responsible for whether grievance filed by plaintiff was arbitrable. |
Arbitration |
|
L. VanDyke | Sep. 21, 2020 |
18-72731
|
Amended Opinion: Dominguez v. Barr
Petitioner's state conviction of manufacturing marijuana was categorical match to aggravated felony drug trafficking offense under Controlled Substances Act; thus, petitioner was removable. |
Immigration |
|
K. Cardone | Sep. 21, 2020 |