Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
17-1094
|
Nutraceutical Corp. v. Lambert
Non-jurisdictional nature of Rule 23(f) does not render it appropriate for equitable tolling; since other rules clearly speak to firm nature of rule's 14-day deadline, court lacks jurisdiction to toll it. |
Civil Procedure |
|
S. Sotomayor | Feb. 27, 2019 |
17-5018
|
Klikno v. U.S.
Order |
|
Feb. 27, 2019 | ||
17-8401
|
Franklin v. U.S.
Order |
|
Feb. 27, 2019 | ||
17-8740
|
Van Sach v. U.S.
Order |
|
Feb. 27, 2019 | ||
17-9399
|
Shields v. U.S.
Order |
|
Feb. 27, 2019 | ||
18-5213
|
Baker v. Berryhill
Order |
|
Feb. 27, 2019 | ||
18-6177
|
Lipscomb v. U.S.
Order |
|
Feb. 27, 2019 | ||
18-6369
|
Browning v. U.S.
Order |
|
Feb. 27, 2019 | ||
18-328
|
Rotkiske v. Klemm
Order |
|
Feb. 27, 2019 | ||
B282270
|
Marquez v. City of Long Beach
Legislature may exercise authority over minimum wages, despite authority in charter cities to legislate as to municipal affairs, because minimum wage addresses state's interest in ensuring workers can afford necessities in life. |
Constitutional Law |
|
G. Feuer | Feb. 27, 2019 |
A144214
|
People v. Huber
When a mix of on-reservation and off-reservation conduct is at issue, California law is not preempted if there are off-reservation effects that necessitate State intervention. |
Native American Affairs |
|
J. Streeter | Feb. 27, 2019 |
A145170
|
Deere & Co. v. Allstate Insurance Co.
Higher-layer excess policies were triggered once the first-layer excess policy limits, which were subject to a self-insured retention paid by plaintiff, had been exhausted; thus, judgment was reversed. |
Insurance |
|
T. Reardon | Feb. 27, 2019 |
17-16193
|
Wadler v. Bio-Rad Laboratories
Provisions of the Foreign Corrupt Practices Act are not 'rules or regulations' of the SEC for purposes of Section 806 of the Sarbanes-Oxley Act. |
Labor Law |
|
M. Bennett | Feb. 27, 2019 |
16-73373
|
Arrey v. Barr
Board of Immigration Appeals committed legal error in its application of the 'firm settlement rule' when it declined to consider evidence of petitioner's past persecution; thus, claim remanded. |
Immigration |
|
R. Gould | Feb. 27, 2019 |
16-35939
|
Miller v. Inslee
'Janus' does not render state-mandated exclusive bargaining arrangement a First Amendment free association violation. |
Constitutional Law |
|
M. Christen | Feb. 27, 2019 |
16-15999
|
J.B. v. U.S.
IRS Publication 1 is insufficient notice under I.R.C. Section 7602(c)(1) because it does not provide taxpayers 'reasonable notice in advance' before third-party contacts are made. |
Administrative Agencies |
|
K. Wardlaw | Feb. 27, 2019 |
18-272
|
Yovino v. Rizo
A federal court may not count the vote of a judge who dies before the decision is issued under 28 U. S. C. Section 46(c); thus, Ninth Circuit judgment vacated. |
Judges |
|
P. Curiam (USSC) | Feb. 26, 2019 |
D073798
|
Correia v. NB Baker Electric, Inc.
'Iskanian,' not 'Epic,' binds California intermediate appellate courts on the issue of whether governmental disputes, including PAGA claims, are subject to the Federal Arbitration Act. |
Arbitration |
|
J. Haller | Feb. 26, 2019 |
A146605
|
Millview County Water Dist. v. State Water Resources Control
Under Water Code Section 1126(b), the Board's formal adoption of its order constituted 'final action' and triggered the running of the statute of limitations; thus, plaintiff's petition was time-barred. |
Water Rights |
|
S. Margulies | Feb. 26, 2019 |
S240397
|
In re J.G.
Courts may consider supplemental income benefits when determining one's ability to pay restitution, but factors including future earning capacity, current financial situation, and total amount ordered should also be considered. |
statutory_interpretation |
|
M. Chin | Feb. 26, 2019 |
H045544
|
In re L.D.
Challenge to sufficiency of Indian Child Welfare Act notice untimely when raised in appeal of post-jurisdictional order that does not 'subsume' the notice's sufficiency. |
Dependency |
|
A. Grover | Feb. 26, 2019 |
A153841
|
People v. Beman
Punishment for substantive offenses in addition to punishment for conspiracy to commit those underlying offenses is not precluded when the conspiracy's objectives go beyond the underlying offenses. |
Criminal Law and Procedure |
|
M. Miller | Feb. 25, 2019 |
A155089
|
Darrin v. Miller
Under the Elder Abuse Act, 'other treatment' can constitute elder abuse if it results in 'physical harm or pain or mental suffering' even if there is no special relationship between the parties. |
statutory_interpretation |
|
M. Miller | Feb. 25, 2019 |
A153305
|
Richmond Compassionate Care v. 7 Stars Holistic
Private actions restraining trade are not protected activity, which must form the gravamen of a cause of action challenged by an anti-SLAPP motion to strike. |
Anti-SLAPP |
|
J. Richman | Feb. 25, 2019 |
E068064
|
Orchard Estate Homes v. Orchard Homeowners Alliance
Voter apathy not a required element to reduce the percentage of affirmative votes to adopt an amendment to the covenants, conditions, and restrictions of a planned development under Civil Code Section 4275. |
Real Property |
|
M. Ramirez | Feb. 25, 2019 |
15-70776
|
Dai v. Barr
Order |
|
Feb. 25, 2019 | ||
B282541
|
United Farmers Agents Assoc. v. Farmers Group
Plaintiff not entitled to declaratory relief on its claim that defendants' agreements preclude termination based on failure to meet performance standards; defendants had a right to terminate without cause under the agreement. |
Contracts |
|
T. Bigelow | Feb. 25, 2019 |
F075897
|
In re Ramirez
Petitioner's felony-murder special circumstance must be vacated because he was not a major participant in the murder committed while he was an accomplice in the attempted commission of robbery. |
Criminal Law and Procedure |
|
B. Hill | Feb. 22, 2019 |
B285193
|
Grafilo v. Cohanshohet
Order to produce medical records of five of defendant's patients in connection with an investigation into his prescription of controlled substances was reversed; state failed to demonstrate good cause to obtain records. |
Constitutional Law |
|
T. Bigelow | Feb. 22, 2019 |
D073313
|
People v. Jimenez
Evidence subject to a 'Brady v. Maryland' violation claim, even if suppressed, must be material and prejudicial to provide grounds for a new trial. |
Criminal Law and Procedure |
|
P. Guerrero | Feb. 22, 2019 |