Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B291637
|
People v. Aguilar
Under California Penal Code Section 289, 'force' includes circumstances where the victim did not want to engage in the act and did not positively cooperate with it. |
Criminal Law and Procedure |
|
J. Wiley | Nov. 8, 2019 |
B292602
|
Regency Midland Construction, Inc. v. Legendary Structures, Inc.
The court will look to a contract's purpose when interpreting a provision that is riddled with drafting errors. |
Contracts |
|
J. Wiley | Nov. 8, 2019 |
F075781
|
Collins v. Thurmond
Appellants' state equal protection claim survived due to evidence of disparate impact, but their federal equal protection claim failed due to lack of sufficient allegations of discriminatory motive. |
Constitutional Law |
|
K. Meehan | Nov. 7, 2019 |
D074344
|
People v. Patton
Given the nature of defendant's offense, there was a relationship between theft of electronic devices and the imposition of an electronic device search condition. |
Criminal Law and Procedure |
|
W. Dato | Nov. 7, 2019 |
B280550M
|
Modification: Brown v. USA Taekwondo
Organization had special relationship with coach because organization implemented policies and procedures to protect athletes from sexual abuse by coaches, and organization barred coach from coaching athletes for violations of policies. |
Torts |
|
G. Feuer | Nov. 7, 2019 |
19-6477
|
Rhines v. Young
Order |
|
Nov. 6, 2019 | ||
B282129
|
Modification: Sprengel v. Zbylut
In determining whether an attorney entered into an 'implied' attorney-client relationship to represent the interests of the individual partners of an entity a court must assess the totality of circumstances. |
Attorneys |
|
L. Zelon | Nov. 6, 2019 |
B280550
|
Modification: Brown v. USA Taekwondo
Organization had special relationship with coach because organization implemented policies and procedures to protect athletes from sexual abuse by coaches, and organization barred coach from coaching athletes for violations of policies. |
Torts |
|
G. Feuer | Nov. 6, 2019 |
A155392
|
Asian Americans Advancing Justice-Los Angeles v. Padilla
The California Voting Rights Act allows the Secretary of State to assess the need for language assistance accommodations by individual precinct, not on a county-wide basis. |
Government |
|
K. Banke | Nov. 6, 2019 |
19-5308
|
Minaya v. U.S.
Order |
|
Nov. 5, 2019 | ||
19-5333
|
Walker v. U.S.
Order |
|
Nov. 5, 2019 | ||
C081038
|
People v. Hampton
Trial court's dismissal of criminal complaint is a final judgment divesting it of further jurisdiction; thus, it may not later vacate its dismissal in order to reactivate complaint. |
Criminal Law and Procedure |
|
H. Hull | Nov. 5, 2019 |
B292570
|
County of Los Angeles v. Christopher W.
Those who are biologically responsible for the child's existence should bear the burden of the expense that its existence necessitates, regardless of another person performing fatherly duties. |
Family Law |
|
F. Rothschild | Nov. 5, 2019 |
17-10354
|
U.S. v. Norris
No Fourth Amendment search occurred when FBI used wireless-tracking software to detect signal strength of address of defendant's device because wireless signal reached outside defendant's residence to connect to neighbor's wireless router. |
Criminal Law and Procedure |
|
J. Rawlinson | Nov. 5, 2019 |
18-10134
|
U.S. v. Dailey
Defendant's Travel Act conviction was a sex offense requiring registration under the Sex Offender Registration and Notification Act (SORNA) in light of SORNA's residual clause and admissions in defendant's plea agreement. |
Criminal Law and Procedure |
|
C. Bea | Nov. 5, 2019 |
B287923
|
Lee v. Kim
Appellant failed to demonstrate a probability of prevailing on his claim; thus, trial court properly granted anti-SLAPP motion. |
Anti-SLAPP |
|
G. Weingart | Nov. 4, 2019 |
A150863
|
Handoush v. Lease Finance Group, LLC
Forum selection clauses are unenforceable in California if they will lead to a jury trial waiver in the designated forum state. |
Civil Procedure |
|
A. Wick | Nov. 4, 2019 |
A148513
|
O'Grady v. Merchant Exchange Productions, Inc.
'Service charge' may be a 'gratuity' that Labor Code Section 351 requires to go only to the non-managerial employees involved with the actual serving of the food and beverages. |
Labor Law |
|
J. Richman | Nov. 4, 2019 |
A155208
|
Carroll v. City and County of San Francisco
Plaintiff alleged that each disability retirement check provides her reduced benefits and that age was substantial motivating factor for payment of reduced benefits; thus, plaintiff's claim was timely under 'continuous accrual doctrine.' |
Employment Discrimination |
|
T. Brown | Nov. 4, 2019 |
B291525
|
Conservatorship of D.P.
For conservatorship hearings, a jury needs to only be instructed with the definition of 'gravely disabled' that is based on the express language of Welfare and Institutions Code Section 5350. |
Conservatorship |
|
D. Kim | Nov. 4, 2019 |
E069369
|
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. 4, 2019 |
13-36165
|
Sturgeon v. Frost
Order |
|
Nov. 4, 2019 | ||
18-1501
|
Liu v. Securities and Exchange Commission
Order |
|
Nov. 4, 2019 | ||
D071379
|
Marriage of Deluca
Property was community property because contract transferring title to husband from his sister did not operate as instrument of devise that changed property from his sister's inherited property to his inherited property. |
Family Law |
|
W. Dato | Nov. 1, 2019 |
A155030
|
Davis v. TWC Dealer Group, Inc.
Three separate arbitration agreements presented by defendant were unenforceable due to procedural and substantive unconscionability given their contents and the circumstances surrounding their signing. |
Contracts |
|
J. Richman | Nov. 1, 2019 |
B288008
|
Stafford v. Attending Staff Assn.
A defendant's decision to pursue a judicial remedy before completing the administrative process does not forfeit his right to pursue administrative remedies. |
Civil Procedure |
|
E. Lui | Nov. 1, 2019 |
C088409
|
County of El Dorado v. Superior Court
A one year statute of limitations applies to claims brought under the Mitigation Fee Act, Government Code Section 66001, in light of 'County of San Diego v. Milotz.' |
Civil Procedure |
|
Nov. 1, 2019 | |
H045428
|
Marriage of Lee and Lin
A spouse can demonstrate conduct consistent with intent to dissolve a marriage with acts such as moving from the family home, ceasing holiday celebrations, and ceasing vacations. |
Family Law |
|
A. Grover | Nov. 1, 2019 |
A152887
|
Lopez v. The Hillshire Brands Co.
CACI No. 435 is appropriate to determine causation in an asbestos case; whether the defendant is a manufacturer or premises owner is irrelevant. |
Torts |
|
H. Needham | Nov. 1, 2019 |
18-56292
|
City of Los Angeles v. Barr
34 U.S.C. Section 10102(a)(6) did not authorize the Department of Justice to require all Edward Byrne Memorial Justice Assistance Grant Program funding recipients comply with its notice and access conditions. |
Government |
|
S. Ikuta | Nov. 1, 2019 |