Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
C080065
|
People v. Lopez
Defendant's motion to suppress blood test results properly denied because defendant voluntarily consented to test after receiving admonitions and did not object or resist. |
Criminal Law and Procedure |
|
H. Hull | Mar. 12, 2020 |
18-36071
|
Mai v. U.S.
Prohibiting people whom state court committed involuntarily to mental institution from bearing arms was a reasonable fit with government's important interest in reducing gun violence. |
Constitutional Law |
|
S. Graber | Mar. 12, 2020 |
B295439
|
Victrola 89, LLC v. Jaman Properties 8 LLC
Parties may not use California law to circumvent an agreement to arbitrate under the FAA when the FAA has been incorporated into the agreement. |
Arbitration |
|
N. Manella | Mar. 12, 2020 |
H043870
|
People v. Garcia
Defendant's felony murder special circumstance finding was reversed because prosecutor had to prove beyond reasonable doubt that defendant 'personally killed' victim. |
Criminal Law and Procedure |
|
A. Danner | Mar. 11, 2020 |
18-1259
|
Jones v. Mississippi
Order |
|
Mar. 11, 2020 | ||
19-566
|
Pierson v. U.S.
Order |
|
Mar. 11, 2020 | ||
16-56057
|
Skidmore v. Led Zeppelin
Under the 1909 Copyright Act, protection was circumscribed to the material actually deposited and nothing else could be used to show substantial similarity. |
Copyright |
|
M. McKeown | Mar. 10, 2020 |
18-35923
|
McAdory v. DNF Associates
Entity that meets 'principal purpose' definition of debt collector cannot avoid liability merely by hiring a third party to collect its debt. |
Consumer Law |
|
M. Christen | Mar. 10, 2020 |
F077887
|
County of Kern v. Alta Sierra Holistic etc.
Elections Code Section 9145, requiring county to 'entirely repeal ordinance' when valid referendum petition protesting ordinance was received, was not violated because there was a material change in regulation of marijuana dispensaries. |
statutory_interpretation |
|
D. Franson | Mar. 10, 2020 |
A157143
|
Facebook, Inc. v. Super. Ct.
Social media providers may defend against criminal subpoenas by either establishing an unjustified burden to produce or that the information is obtainable by other means. |
statutory_interpretation |
|
G. Burns | Mar. 10, 2020 |
E070980
|
People v. Cervantes
Penal Code Section 1170.95's new felony murder definition is not automatic, rather the petitioning process is the exclusive means to seek relief under Senate Bill 1437. |
Criminal Law and Procedure |
|
M. Slough | Mar. 10, 2020 |
A152603
|
People v. Graves
Trial court correctly determined that defendant should be punished under Penal Code Section 647.6(c)(2) based on his prior convictions because two prior felony convictions authorized court to impose four-year sentence on defendant. |
statutory_interpretation |
|
P. Siggins | Mar. 10, 2020 |
Modification: Summer J. v. United States Baseball Federation
Stadium owners have a duty to take reasonable measures that would increase safety and minimize inherent risks without altering the nature of the game. |
Torts |
|
Mar. 10, 2020 | ||
19A976
|
Woods v. Dunn
Order |
|
Mar. 9, 2020 | ||
D074442
|
Matson v. S.B.S. Trust Deed Network
A party is not entitled to rescission of nonjudicial foreclosure sale absent evidence of irregularity, fraud or unfairness in nonjudicial foreclosure notice and sale proceedings. |
Real Property |
|
P. Benke | Mar. 9, 2020 |
B292418
|
Zhang v. Chu
To prove malice in malicious prosecution claim, plaintiff must show defendant acted for purposes unrelated to merits of underlying claim. |
Torts |
|
J. Wiley | Mar. 9, 2020 |
B287126
|
People v. Kareem A.
Sanctions under Code of Civil Procedure Section 177.5 may apply to persons other than witnesses, parties, and parties' counsel that are involved in the proceedings. |
Criminal Law and Procedure |
|
G. Weingart | Mar. 9, 2020 |
B294828
|
Moofly Productions, LLC v. Favila
Cause of action for fraudulent transfer was not entitled to jury trial because it was essentially one in equity and relief sought depended upon application of equitable doctrines. |
Civil Procedure |
|
F. Rothschild | Mar. 6, 2020 |
F076467
|
Brewer v. Remington
Granting summary judgment on statute of limitations grounds constituted an error of law because there were factual disputes about the statute-triggering injury. |
Civil Procedure |
|
K. Meehan | Mar. 6, 2020 |
19-15716
|
Innovation Law Lab v. Wolf
Migrant Protection Protocols, under which non-Mexican asylum seekers who present themselves at southern border of US are required to wait in Mexico while asylum applications are adjudicated, conflicts with Immigration Nationality Act. |
Immigration |
|
W. Fletcher | Mar. 6, 2020 |
19-56417
|
Al Otro Lado v. Wolf
Stay of preliminary injunction against enforcement of rule requiring asylum-seekers to have sought asylum in another country that they passed through en route to southern border before seeking asylum was not warranted. |
Immigration |
|
M. Berzon | Mar. 6, 2020 |
C088857
|
Lincoln Unified School Dist. v. Superior Court (Jones)
Petitioner's reason to justify relief from claim presentation requirement must have been the same reason advanced in the underlying application. |
Government |
|
J. Renner | Mar. 5, 2020 |
B277750
|
Siry Investment v. Farkhondehpour
Imposition of lesser sanctions is 'not an absolute prerequisite' to imposition of terminating sanctions for violation of court order. |
Civil Procedure |
|
B. Hoffstadt | Mar. 5, 2020 |
F078083
|
Estate of Ashlock
Probate Code Section 859 contains a restorative obligation and a punitive penalty for the recovery of wrongfully taken real or personal property. |
statutory_interpretation |
|
R. Peña | Mar. 5, 2020 |
18-35704
|
Swinomish Indian Tribal Community v. BNSF Railway Company
The Interstate Commerce Commission Termination Act did not repeal the Indian Right of Way Act which does not preempt an Indian Tribe's right to enforce an Easement Agreement. |
Native American Affairs |
|
W. Fletcher | Mar. 5, 2020 |
18-35457
|
U.S. v. Jones
Petitioner's prior conviction for Colorado second-degree burglary of dwelling was conviction for violent felony, and therefore he was properly subject to Armed Career Criminal Act enhancement. |
Criminal Law and Procedure |
|
W. Fletcher | Mar. 5, 2020 |
18-10015
|
U.S. v. Iwai
Order |
|
Mar. 5, 2020 | ||
D074935
|
People v. Cota
Requiring probationer to surrender electronic devices to search at any time was burdensome and intrusive; thus a correspondingly substantial and particularized justification was required. |
Criminal Law and Procedure |
|
C. Aaron | Mar. 4, 2020 |
B294531
|
Reed v. City of Los Angeles
City was protected by trail immunity doctrine because badminton net stretched across trail created dangerous condition that was inherently connected to the trail. |
Immunity |
|
V. Chaney | Mar. 4, 2020 |
C076888
|
Environmental Council of Sacramento v. County of Sacramento
County's description in Environmental Impact Report was legally adequate because it contained good faith efforts and was not required to assess future developments. |
Environmental Law |
|
V. Raye | Mar. 4, 2020 |