Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
G056050
|
Landau v. Superior Court
Sexually Violent Predator Act was amended to allow district attorneys the explicit authority to subpoena a sexually violent predator's otherwise confidential medical records; thus, petitioner's motion to quash subpoena properly denied. |
statutory_interpretation |
|
E. Moore | Mar. 11, 2019 |
D074324
|
Southcott v. Julian-Cuyamaca Fire Protection Dist.
District dissolution, subject to a pervasive state regulatory scheme, is an administrative act of local government controlled by the Reorganization Act, and referendum is inappropriate to challenge proposed dissolution. |
Government |
|
G. Nares | Mar. 11, 2019 |
B283122
|
Sass v. Cohen
'Cassel' not good law; complaint for accounting must plead specific damage amount sought; amount awarded in default judgment over amount sought is void. |
Civil Procedure |
|
B. Hoffstadt | Mar. 11, 2019 |
G057202
|
Marriage of Wong
When all orders issued in a dispute would technically be postjudgment orders, injunctive orders are appealable and preliminary orders regarding discovery or joinder are not. |
Civil Procedure |
|
P. Curiam (Cal Courts of Appeal) | Mar. 11, 2019 |
A148464
|
Boschetti v. Pacific Bay Investments Inc.
California courts lack jurisdiction to order dissolution of foreign state LLC's and LP's when the controlling foreign state's laws do not provide for compulsory buyout rights. |
statutory_interpretation |
|
A. Tucher | Mar. 11, 2019 |
15-35981
|
Anderson v. State Farm
The thirty-day removal clock under Code of Civil Procedure Section 1446(b)(1) begins to run when the defendant, not a statutorily designated agent, receives the complaint. |
Civil Procedure |
|
M. McKeown | Mar. 11, 2019 |
H043230
|
Juen v. Alain Pinel Realtors, Inc.
The policy of a business to take certain actions under certain circumstances is by itself insufficient evidence to establish that the policy was adhered to on a specific occasion. |
Evidence |
|
A. Grover | Mar. 8, 2019 |
18-55313
|
Thuraissigiam v. U.S. Dept. of Homeland Security
8 U.S.C. Section 1252(e)(2) violated the Suspension Clause by failing to provide a meaningful opportunity for petitioner to show he was being held under erroneous application or interpretation of law. |
Immigration |
|
A. Tashima | Mar. 8, 2019 |
15-72833
|
Mairena v. Barr
Board of Immigration Appeals may consider sentencing enhancements in determining that a petitioner was convicted of a per se particularly serious crime for purposes of withholding of removal. |
Immigration |
|
P. Curiam (9th Cir.) | Mar. 8, 2019 |
17-16280
|
DW Aina Le'A Development v. State of Hawaii Land Use Commission
Order |
|
Mar. 8, 2019 | ||
B288942
|
Modification: People v. Orozco
'Miranda' not required when defendant confessed to killing his infant to the mother in an interview orchestrated by police because mother was acting as an agent of police and defendant was unaware. |
Criminal Law and Procedure |
|
B. Hoffstadt | Mar. 8, 2019 |
E069398
|
Modification: Anderson v. Shiomoto
Person with 'a disorder characterized by lapses of consciousness' may be refused issuance or renewal of driver's license under Vehicle Code Section 12806(c) despite not suffering lapse within three years. |
Administrative Agencies |
|
A. McKinster | Mar. 7, 2019 |
E067938
|
Citrus El Dorado v. Chicago Title Co.
Trustee's sale of real property following nonjudicial foreclosure is subject to tort liability only for the violation of duties established by the deed of trust and governing statutes; thus, defendant's demurrer properly sustained. |
Real Property |
|
M. Raphael | Mar. 7, 2019 |
B285062
|
People v. Joseph
Filing a false CHP-180 form violates Vehicle Code Section 10501(a) and commonly results in violation of Penal Code Section 118, so the specific Section 10501(a) preempts the general Section 118. |
statutory_interpretation |
|
C. Moor | Mar. 7, 2019 |
B291220
|
People v. Kelly
Certificate of probable cause was required to appeal because defendant challenged the sentence to which she agreed as an integral part of the plea agreement; thus, appeal was dismissed. |
Criminal Law and Procedure |
|
K. Yegan | Mar. 7, 2019 |
B288159
|
People v. Camacho
Defendants moving to vacate a conviction due to prejudicial erroneous information provided by counsel regarding immigration consequences need not meet the *Strickland v. Washington* test showing ineffective assistance of counsel. |
Criminal Law and Procedure |
|
V. Chavez | Mar. 7, 2019 |
C086808
|
In re D.D.
Substantial evidence supported juvenile court's findings that the previous disposition of returning the children to mother's custody had not been effective in protecting the children under Welfare and Institutions Code Section 387. |
Dependency |
|
H. Hull | Mar. 7, 2019 |
B290213
|
People v. Johnson
Senate Bill No. 620 provides trial courts discretion to strike firearm enhancements in limited circumstances, but does not apply when appellant's judgment of conviction is final. |
Criminal Law and Procedure |
|
K. Yegan | Mar. 6, 2019 |
B287559
|
Preven v. City of Los Angeles
Brown Act violation when plaintiff was denied the opportunity to address the city council at a special meeting based on his comment at a prior committee meeting; thus, dismissal was reversed. |
Government |
|
G. Weingart | Mar. 6, 2019 |
A141594
|
People v. Smith
After a defendant makes a prima facie showing the prosecutor exercised a peremptory challenge based on race, the prosecutor must demonstrate the challenges were made for bona fide race-neutral reasons. |
Criminal Law and Procedure |
|
T. Reardon | Mar. 5, 2019 |
A153649
|
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. 5, 2019 |
17-571
|
Fourth Estate Pub. Benefit Corp. v. Wall-Street.com
Under 17 U.S.C. Section 411(a), 'registration has been made' not when an application for registration is filed, but when the Register has registered a copyright after examining a properly filed application. |
Copyright |
|
R. Ginsburg | Mar. 5, 2019 |
17-1042
|
BNSF R. Co. v. Loos
Lost wages awarded to an injured railroad worker under the Federal Employers' Liability Act are generally "compensation" under the Railroad Retirement Tax Act, and are thus taxable. |
Employment Law |
|
R. Ginsburg | Mar. 5, 2019 |
17-1625
|
Rimini Street, Inc. v. Oracle USA, Inc.
Copyright Act gives courts discretion to award 'full costs' to a party in copyright litigation but courts may not award litigation expenses not specified in Sections 1821 and 1920 absent explicit authority. |
Copyright |
|
B. Kavanaugh | Mar. 5, 2019 |
17-9044
|
Fabian-Baltazar v. U.S.
Order |
|
Mar. 5, 2019 | ||
18-801
|
Iancu v. Nantkwest Inc.
Order |
|
Mar. 5, 2019 | ||
09-99006
|
Spreitz v. Ryan
In evaluating defendant's long-term alcohol and substance abuse, Arizona Supreme Court applied its causal nexus test in violation of 'Eddings v. Oklahoma' and refused to consider it in assessing nonstatutory mitigating circumstances. |
Constitutional Law |
|
R. Paez | Mar. 5, 2019 |
17-70415
|
Iopa v. Saltchuk-Young Brothers
Excusable neglect analysis is proper when evaluating an untimely petition for attorney's fees under the Longshore Act, and a lack of excusable neglect provides grounds to strike untimely petitions. |
statutory_interpretation |
|
P. Curiam (9th Cir.) | Mar. 5, 2019 |
16-10109
|
U.S. v. Gilton
Where a magistrate judge erroneously grants a search warrant without supporting probable cause, but police have no reason to question the magistrate's decision, the exclusionary rule will not apply. |
Criminal Law and Procedure |
|
J. Bybee | Mar. 5, 2019 |
S239958
|
Cal Fire Local 2881 v. Cal. Pub. Employees' Retirement System
Statutory-enacted benefit allowing opportunity for purchase of pension-enhancing credits is not within protection of California Constitution contract clause; may be eliminated by statutory amendment. |
Government |
|
T. Cantil-Sakauye | Mar. 5, 2019 |