Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
19-35137
|
Belgau v. Inslee
In the face of plaintiffs' voluntary agreement to pay union dues and in the absence of any legitimate claim of compulsion, the district court correctly dismissed plaintiffs' First Amendment claim. |
Civil Rights |
|
M. McKeown | Sep. 17, 2020 |
17-73269
|
Bare v. Barr
Although immigration judge did not analyze crime's elements in isolation, he referenced facts that went directly to each element in his analysis as supporting the conclusion that petitioner's conviction constituted particularly serious crime. |
Immigration |
|
E. Siler | Sep. 17, 2020 |
18-60016
|
In re Gardens Regional Hospital and Medical Center Inc.
California's fee-for-service payments made to debtor constituted a setoff that was subject to restrictions of Bankruptcy Code and was not a permissible equitable recoupment. |
Bankruptcy |
|
D. Collins | Sep. 17, 2020 |
C087824
|
Parkford Owners for a Better Community v. County of Placer
Completion of challenged expansion rendered moot plaintiff's challenge to County's issuance of building permit authorizing construction of expansion. |
Civil Procedure |
|
A. Hoch | Sep. 17, 2020 |
G058036
|
Nealy v. County of Orange
Trial court properly sustained the demurrer on the grounds that County was immune from liability under Government Code Section 831.4. |
Civil Procedure |
|
D. Thompson | Sep. 16, 2020 |
B294814
|
Brue v. Shabaab
Trial court lacked personal jurisdiction over defendant because plaintiffs did not allege contacts between defendant and California sufficient to warrant the exercise of general or specific personal jurisdiction. |
Civil Procedure |
|
D. Perluss | Sep. 16, 2020 |
B298366
|
People v. Henderson
The decision whether to call certain witnesses is a matter of trial tactics and strategy which a reviewing court generally may not second guess. |
Criminal Law and Procedure |
|
J. Segal | Sep. 16, 2020 |
C078435
|
Aerotek v. Johnson Group Staffing Co.
Attorney fees awarded under Civil Code Section 3426.4 (exceeding fees the client already paid) belong to attorneys who labored to earn them, absent enforceable agreement to contrary. |
Attorneys |
|
C. Blease | Sep. 16, 2020 |
C083268
|
Sanchez v. Martinez
Although trial court mistakenly deprived plaintiffs from choosing their preferred course of recovery, plaintiffs were not prejudiced in being forced to take option that maximized their recovery. |
Employment Law |
|
C. Blease | Sep. 15, 2020 |
H044592
|
Mayron v. Google LLC
Automatic renewal law under Business and Professions Code Section 17600 does not create a private right of action to enforce the statute. |
statutory_interpretation |
|
A. Grover | Sep. 15, 2020 |
D077864
|
People v. Superior Court (Frezier)
Calculation of maximum term of commitment for persons committed to state hospital under Penal Code Section 1026 includes credits for days served in actual custody and conduct credits under Section 4019. |
statutory_interpretation |
|
C. Aaron | Sep. 15, 2020 |
G058353
|
Murray v. UPS Capital Insurance Agency, Inc.
Plaintiff raised triable issue of fact as to whether defendant undertook special duty by holding itself out as having expertise in inland marine insurance. |
Torts |
|
K. O'Leary | Sep. 15, 2020 |
18-35868
|
Southcentral Foundation v. Alaska Native Tribal Health Consortium
Infringement of governance and participation rights was a sufficiently concrete and particularized injury in fact sufficient to confer Article III standing. |
Constitutional Law |
|
M. Murguia | Sep. 15, 2020 |
18-15892
|
Von Tobel v. Benedetti
If Supreme Court precedent does not provide 'clear answer to the presented question,' state court's decision cannot be contrary to clearly established federal law. |
statutory_interpretation |
|
E. Siler | Sep. 15, 2020 |
18-16981
|
Ramos v. Wolf
District court abused its discretion in issuing preliminary injunction based on plaintiffs' claim under Administrative Procedure Act because claim was foreclosed from judicial review. |
Administrative Agencies |
|
C. Callahan | Sep. 15, 2020 |
19-55135
|
Axis Reinsurance v. Northrup Grumman
An excess insurer may not challenge underlying insurer's payment decision as outside the scope of coverage absent showing of fraud or bad faith. |
Insurance |
|
C. Callahan | Sep. 15, 2020 |
18-35934
|
Asarco LLC v. Atlantic Richfield
Outlays for speculative future remediation efforts are not recoverable necessary response costs in Comprehensive Environmental Response, Compensation, and Liability Act contribution actions. |
Environmental Law |
|
J. Nguyen | Sep. 15, 2020 |
E071146
|
Burchell v. Faculty Physicians and Surgeons of the Loma Linda University School of Medicine
Because plaintiff's Code of Civil Procedure Section 998 offer was invalid, trial court's award of expert witness fees and prejudgment interest on the basis of that offer was reversed. |
Remedies |
|
M. Raphael | Sep. 14, 2020 |
17-73210
|
National Labor Relations Board v. International Association of Bridge Local 229
Order |
|
Sep. 14, 2020 | ||
18-16502
|
Anderson v. Neven
Order |
|
Sep. 14, 2020 | ||
18-71070
|
Amended Opinion: Guerra v. Barr
Board of Immigration Appeals failed to engage in clear error review in reversing Immigration Judge's decision that petitioner established a probability that he would be subjected to torture in criminal detention. |
Immigration |
|
R. Paez | Sep. 14, 2020 |
18-56553
|
Amended Opinion: Pimentel v. City of Los Angeles
The Eight Amendment's Excessive Fines Clause applies to municipal parking fines. |
Civil Rights |
|
M. Bennett | Sep. 14, 2020 |
18-72812
|
J.R. v. Barr
Substantial evidence did not support Board of Immigration Appeals' conclusion that El Salvadoran government was willing and able to control gang that attacked petitioner and his family. |
Immigration |
|
W. Fletcher | Sep. 14, 2020 |
20-55175
|
Gonzalez v. U.S. Immigration and Customs Enforcement
Fourth Amendment requires prompt probable cause determination by neutral and detached magistrate to justify continued detention pursuant to immigration detainer. |
Immigration |
|
M. Smith | Sep. 14, 2020 |
C090041
|
People v. Lombardo
Senate Bill 1437 is not an invalid amendment of either Propositions 7 or 115. |
statutory_interpretation |
|
V. Raye | Sep. 14, 2020 |
C086344
|
City of Brentwood v. Department of Finance
City entered into third party construction contracts prior to executing public improvement agreements, in which its former redevelopment agency agreed to reimburse construction costs; thus, public improvement agreements were not 'enforceable obligations.' |
statutory_interpretation |
|
V. Raye | Sep. 11, 2020 |
F077802
|
Dept. of Fair Employment and Housing v. Cathy's Creations, Inc.
Attorneys' fees under Code of Civil Procedure Section 1021.5 was properly denied to prevailing defendants in action brought by Department of Fair Employment and Housing under Government Code Section 12974. |
statutory_interpretation |
|
K. Meehan | Sep. 11, 2020 |
F078245
|
Dept. of Fair Employment and Housing v. Superior Court (Cathy's Creation Inc.)
Trial court erroneously construed its preliminary injunction order as final adjudication of the merits of underlying administrative complaint, and therefore violated separation of powers doctrine. |
statutory_interpretation |
|
K. Meehan | Sep. 11, 2020 |
19-10073
|
U.S. v. Garcia
Under attenuation doctrine, discovery of suspicionless search condition was not an intervening circumstance that broke causal chain between initial unlawful entry and discovery of evidence supporting conviction. |
Criminal Law and Procedure |
|
K. Wardlaw | Sep. 11, 2020 |
19-55663
|
Endy v. County of Los Angeles
Plaintiff failed to raise triable issue of material fact that records of his 'unfounded' child abuse allegations in Child Welfare Services Case Management System caused him reputational harm. |
Civil Rights |
|
C. Callahan | Sep. 11, 2020 |