Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B290589
|
People v. Maya
Compliance with prison regulations in an institutional setting does not satisfy the requirement for an 'honest and upright life' provided by Penal Code Section 1203.4a. |
Criminal Law and Procedure |
|
A. Gilbert | Mar. 22, 2019 |
17-1307
|
Obduskey v. McCarthy & Holthus LLP
Law firm engaged in no more than nonjudicial foreclosure proceedings is not a 'debt collector' under Fair Debt Collection Practices Act; thus, act's other requirements did not apply. |
Real Property |
|
S. Breyer | Mar. 21, 2019 |
17-961
|
Frank v. Gaos
'Spokeo' standard that 'concrete injury' is required for standing even in context of statutory violation requires remand of class action suit over Stored Communication Act violations. |
Constitutional Law |
|
P. Curiam (USSC) | Mar. 21, 2019 |
B289766
|
Barenborg v. Sigma Alpha Epsilon Fraternity
The special relationship exception for duty of care does not apply for a negligence cause of action between a national fraternity and its local chapters |
Torts |
|
N. Manella | Mar. 21, 2019 |
E070089
|
Marriage of C.T. and R.B.
Courts considering changing physical custody of a child shall consider factors stated in *In re Marriage of LaMusga* and decline relocation if it is not in the child's best interest. |
Family Law |
|
C. Codrington | Mar. 21, 2019 |
H044930
|
Jarvis v. Jarvis
Disqualification of attorney representing partnership affirmed; attorney was paid and directed by one partner, his representation may not be in the best interests of Partnership, and he may unnecessarily deplete assets. |
Attorneys |
|
M. Greenwood | Mar. 21, 2019 |
B286117
|
People v. Medina
"Kill zone" jury instructions are inappropriate when defendant lacked a primary target and did not specifically intend to kill everyone in the area around that target to ensure his death. |
Criminal Law and Procedure |
|
G. Weingart | Mar. 21, 2019 |
17-55761
|
Herrera v. City of Palmdale
Because state nuisance enforcement action brought by City was a civil enforcement proceeding akin to criminal prosecutions, abstention in an action brought pursuant to 42 U.S.C. Section 1983 was proper. |
Civil Rights |
|
D. O'Scannlain | Mar. 21, 2019 |
17-16756
|
Jessop v. City of Fresno
The Fourth and Fourteenth Amendment do not apply when there is theft by city officers who execute a valid search warrant and have qualified immunity |
Civil Rights |
|
M. Smith | Mar. 21, 2019 |
16-72957
|
Duran-Rodriguez v. Barr
Two death threats, without concrete action and allowing recipient's relocation within Mexico, were insufficient to establish past persecution, fear of future persecution, or qualification for relief under the Convention Against Torture. |
Immigration |
|
M. Hawkins | Mar. 21, 2019 |
C081893
|
Ione Valley Land, Air, and Water etc. v. County of Amador
Where issues with original environmental impact report were or could have been litigated in initial challenge, such issues are precluded by res judicata from being re-raised against revised report. |
Environmental Law |
|
M. Butz | Mar. 21, 2019 |
16-1498
|
Washington State Dept. of Licensing v. Cougar Den, Inc.
The Yakama Treaty of 1855 created a right for Yakama Nation members to be exempt from state taxes on off-reservation commercial activity making use of public highways. |
Native American Affairs |
|
S. Breyer | Mar. 20, 2019 |
16-1363
|
Nielsen v. Preap
Adverb cannot modify noun; thus mandatory detention provision applies to individuals apprehended by DHS years after their release relating to qualifying predicate offenses. |
Immigration |
|
S. Alito | Mar. 20, 2019 |
17-1104
|
Air & Liquid Systems Corp. v. DeVries
In maritime tort context, manufacturer has duty to warn when manufacturer's product requires later incorporation of dangerous part, such as asbestos, in order for integrated product to function as intended. |
Maritime Law |
|
B. Kavanaugh | Mar. 20, 2019 |
14-71742
|
Martinez-Cedillo v. Barr
Order |
|
Mar. 20, 2019 | ||
16-36018
|
Phongmanivan v. Haynes
Order |
|
Mar. 20, 2019 | ||
18-6612
|
Pinkney v. U.S.
Order |
|
Mar. 19, 2019 | ||
17-834
|
Kansas v. Garcia
Order |
|
Mar. 19, 2019 | ||
18-217
|
Mathena v. Malvo
Order |
|
Mar. 19, 2019 | ||
18-5924
|
Ramos v. Louisiana
Order |
|
Mar. 19, 2019 | ||
18-6135
|
Kahler v. Kansas
Order |
|
Mar. 19, 2019 | ||
16-16827
|
Garcia v. Salvation Army
Title VII of Civil Rights Act of 1964's religious organization exemption foreclosed plaintiff's claims for hostile work environment and retaliation against defendant; thus, summary judgment was proper. |
Employment Discrimination |
|
E. Korman | Mar. 19, 2019 |
17-55878
|
Morris v. California Physicians' Service
The Medical Loss Ratio provision in the Affordable Care Act makes no distinction between in-network and out-of-network providers; thus, district court's dismissal was proper. |
Health Care |
|
M. Schroeder | Mar. 19, 2019 |
B289919
|
Boyer v. Ventura County
Minimum candidate ballot qualifications for the office of county sheriff under Government Code Section 24004.3 do not conflict with, nor are preempted by, the California Constitution. |
Government |
|
K. Yegan | Mar. 19, 2019 |
A151408
|
People v. Chatman
Under Proposition 47, identity theft can be treated as a misdemeanor, if the value of the personal identifying information does not exceed $950, as petty theft under Penal Code Section 490.2. |
Criminal Law and Procedure |
|
S. Pollack | Mar. 19, 2019 |
A151199
|
Synergy Project Management, Inc. v. City and County of S.F.
Objective of Public Contract Code Section 4107(a) is to prevent bid peddling and bid shopping and no risk existed when prime contractor wanted to retain subcontractor; thus, City's substitution of subcontractor was valid. |
statutory_interpretation |
|
J. Humes | Mar. 18, 2019 |
18-50051
|
U.S. v. Korte
Warrantless placement of a GPS tracker on a parolee's car was permissible in light of 'United States v. Johnson' which held that the warrantless search of a parolee's cell phone was permissible. |
Criminal Law and Procedure |
|
J. Owens | Mar. 18, 2019 |
17-35587
|
VHT Inc. v. Zillow Group
The mere possibility of future display of another's copyrighted images did not violate the copyright owner's display right, and an alleged infringer's active participation is required for direct infringement. |
Copyright |
|
M. McKeown | Mar. 18, 2019 |
A154581
|
Richmond Compassionate Care Collective v. 7 Stars Holistic Foundation
Defendant prevailing on anti-SLAPP motion is entitled to attorney fees under Code of Civil Procedure Section 425.16(c) despite the fee-shifting provision of the Cartwright Act. |
Anti-SLAPP |
|
J. Richman | Mar. 18, 2019 |
A153649
|
Modification: People v. Perry
Although Proposition 64 legalized possession of not more than 28.5 grams of cannabis, it did not affect cannabis laws in prison; thus, appellant was not entitled to resentencing. |
Criminal Law and Procedure |
|
J. Kline | Mar. 18, 2019 |