Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B289046
|
Briganti v. Chow
Defamation claim should not be stricken because although defendant contended that his Facebook comment was hyperbole, plaintiff need only establish her claim had at least minimal merit under anti-SLAPP analysis. |
Anti-SLAPP |
|
B. Currey | Nov. 26, 2019 |
B265304
|
Chen v. Los Angeles Truck Centers, LLC
Because Indiana had a real interest in applying its law, and California's interest was only hypothetical, the trial court correctly applied Indiana products liability law. |
Civil Procedure |
|
E. Grimes | Nov. 26, 2019 |
A157877
|
In re Jones
The Legislature had a rational basis to narrow Penal Code Section 1170(d)(2)'s resentencing provision to juvenile LWOP defendants, while denying the same opportunity to 18 - 25 year old LWOP defendants. |
Juveniles |
|
A. Tucher | Nov. 26, 2019 |
17-72231
|
Manhani v. Barr
An Immigration Judge's finding that an applicant submitted a frivolous asylum claim bars the applicant from seeking further benefits and removability waivers available under the Immigration and Naturalization Act. |
Immigration |
|
R. Clifton | Nov. 26, 2019 |
13-71916
|
Fares v. Barr
Board of Immigration Appeals erroneously interpreted Immigration and Nationality Act Section 212(e), and since petitioner was admissible under various statutory provisions, he was 'otherwise admissible' for INA Section 237(a)(1)(H) waiver purposes. |
Immigration |
|
S. Graber | Nov. 26, 2019 |
H044628
|
Global Protein Products, Inc. v. Le
Appellants' claim that respondent's trade secret was invalid was insufficient to dissolve permanent injunction. |
Civil Procedure |
|
E. Premo | Nov. 25, 2019 |
H046541
|
R.E. v. Superior Court (Santa Clara)
Welfare and Institutions Code Section 208.5(a) should not be interpreted to deny juvenile courts the authority to order commitment for wards who violate probation after they turn 19. |
Juveniles |
|
E. Premo | Nov. 25, 2019 |
C085906
|
Natarajan v. Dignity Health
There is no constitutional right to hospital admitting privileges; private medical institution's revocation proceedings are governed by common law fair procedure rules, not procedural due process. |
Administrative Agencies |
|
M. Butz | Nov. 25, 2019 |
B292905
|
Leiper v. Gallegos
Appellant was the surface owner to property but he did not own an interest in the oil and gas; thus, trial court's quiet title judgment was affirmed. |
Real Property |
|
K. Yegan | Nov. 25, 2019 |
B287272
|
People v. Wilson
Senate Bill 1393 does not allow the trial court discretion to strike a prior serious felony enhancement from a negotiated plea agreement. |
Criminal Law and Procedure |
|
H. Dhanidina | Nov. 25, 2019 |
B294825
|
County of Ventura v. Public Employment Relations Bd.
A joint-employer relationship exists when the employers exert significant control over the same employees, and where the employers have control over what is done and how it shall be done. |
Employment Law |
|
M. Tangeman | Nov. 25, 2019 |
C088882
|
Meadowbrook Ins. Co. v. Workers' Comp. Appeals Bd.
Title 8, Section 9795.3 provided an applicable fee schedule and the interpreting service provider failed to timely request second review of the workers' compensation carrier's refusal to pay. |
Workers' Compensation |
|
E. Duarte | Nov. 25, 2019 |
E069248
|
Highland Springs Conference etc. v. City of Banning
Trial court erroneously excluded fees plaintiffs incurred on appeal of alter ego motion denial and fees plaintiffs incurred over two years before filing their fee motions. |
Civil Procedure |
|
M. Ramirez | Nov. 25, 2019 |
18-35123
|
Pedro Perez Perez v. Chad Wolf
The Administrative Procedures Act does not allow USCIS absolute discretion when approving U-visa petitions; federal courts may review denied petitions for abuse of discretion and noncompliance with the statute. |
Immigration |
|
W. Fletcher | Nov. 25, 2019 |
S258498
|
Jane Doe v. Olson
Order |
|
Nov. 22, 2019 | ||
S258191
|
Vazquez v. Jan-Pro Franchising International
Order |
|
Nov. 22, 2019 | ||
12-57246
|
Amended Opinion: Moran v. The Screening Pros
'Connor v. First Student, Inc.'s holding that California's Investigative Consumer Reporting Agencies Act overlaps with Consumer Credit Reporting Agencies Act, foreclosed argument that the statutory scheme was unconstitutionally vague. |
Consumer Law |
|
M. Smith | Nov. 22, 2019 |
17-56366
|
In Re Pacquiao-Mayweather Boxing Litigation
Merely because a boxing match lacked the anticipated drama worthy of the pre-fight hype because of an athlete's injury does not mean customers were defrauded and suffered a legal injury. |
Civil Procedure |
|
J. Nguyen | Nov. 22, 2019 |
S099439
|
People v. Krebs
A defendant must specifically articulate that evidence is being admitted to show an inconsistent prosecutorial theory; if not, appellant must wait until habeas to bring a due process challenge. |
Criminal Law and Procedure |
|
T. Cantil-Sakauye | Nov. 22, 2019 |
S248130
|
People v. Liu
Under 'People v. Romanowki' inquiry, Court of Appeal conflated value of access card information itself with value of property obtained through use of stolen access card information. |
Criminal Law and Procedure |
|
M. Cuéllar | Nov. 22, 2019 |
S257302
|
Patterson v. Padilla
Presidential Tax Transparency and Accountability Act contained unconstitutional provisions that made appearance of 'recognized candidate' on presidential primary ballot contingent on satisfying disclosure requirements for federal income tax returns. |
Government |
|
T. Cantil-Sakauye | Nov. 22, 2019 |
F079719
|
Vaquero Energy v. County of Kern
Ordinance did not violate due process because County's delegation of some control to surface owners did not give them final authority to determine how oil and gas operator will use its mineral rights. |
Constitutional Law |
|
D. Franson | Nov. 21, 2019 |
B272169
|
City of Los Angeles v. Metropolitan Water Dist.
Attorney fees are available in reverse California Public Records Act actions. Under the Code of Civil Procedure Section 1021.5 attorney fees are awarded when the public interest is involved. |
Civil Procedure |
|
M. Stratton | Nov. 21, 2019 |
D075794
|
People v. Lamoureux
Penal Code Section 1170.95, as amended by Senate Bill 1437, did not unconstitutionally amend Proposition 7 or Proposition 115, nor did Section 1170.95 violate separation of powers principles. |
Criminal Law and Procedure |
|
J. McConnell | Nov. 21, 2019 |
D075787
|
People v. Superior Court (Gooden)
Senate Bill 1437's abolition of the felony murder rule is constitutional; it does not impermissibly alter previous voter approved state constitutional amendments concerning sentencing and underlying offenses. |
Constitutional Law |
|
J. McConnell | Nov. 21, 2019 |
E069369
|
Amended Opinion: People v. Martell
Proposition 47 applies to Vehicle Code Section 10851; thus, the vehicle must be worth more than $950 to sustain a felony conviction on a taking theory. |
Criminal Law and Procedure |
|
M. Slough | Nov. 21, 2019 |
F075765
|
People v. Lopez
Court applied Senate Bill 136 to strike one-year enhancements under Penal Code Section 667.5(b) and agreed that defendant's three-year enhancement under Health and Safety Code Section 11370.2 must be stricken. |
Criminal Law and Procedure |
|
M. Snauffer | Nov. 21, 2019 |
B295298
|
People v. Cutting
A criminal defendant's right to be personally present at trial extends to all critical stages of the criminal prosecution, including the resentencing hearing. |
Criminal Law and Procedure |
|
E. Lui | Nov. 21, 2019 |
19-50336
|
U.S. v. Diaz-Hernandez
Order |
|
Nov. 21, 2019 | ||
A157685
|
Brown v. Upside Gading, LP
Trial court's order was not appealable under Code of Civil Procedure Section 904.1(a)(6) as defendants argued, since it was simply part of the class certification process. |
Civil Procedure |
|
A. Wick | Nov. 20, 2019 |