Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
18A774
|
June Medical Services v. Gee
Order |
|
Feb. 5, 2019 | ||
15-73120
|
Islas-Veloz v. Whitaker
Supreme Court held in 'Jordan v. De George' that the phrase 'crime involving moral turpitude' was not unconstitutionally vague; thus, petition for review challenging order of removal denied. |
Immigration |
|
M. McKeown | Feb. 5, 2019 |
17-55723
|
NAAAOM v. Charter Communications
42 U.S.C. Section 1981's text permits an exception to the default but-for causation standard by virtue of 'an indication to the contrary in the statute itself.' |
Civil Rights |
|
M. Smith | Feb. 5, 2019 |
16-56479
|
NAAAOM v. COMCAST
Order |
|
Feb. 5, 2019 | ||
S126560
|
People v. Armstrong
Prosecution's excusal for cause of jurors who repeatedly affirmed their ability to vote for death sentence violates 'Wainwright v. Witt' standard; requires death sentence be overturned. |
Criminal Law and Procedure |
|
C. Corrigan | Feb. 5, 2019 |
S235735
|
Rand Resources, LLC v. City of Carson
Certain of defendants' communications with third party formed the basis of plaintiffs' interference claims and were made 'in connection with' a matter of public interest; thus Court of Appeal erred in part in denying anti-SLAPP motion. |
Anti-SLAPP |
|
M. Cuéllar | Feb. 5, 2019 |
S112691
|
People v. Westerfield
Absent evidence that a jury was materially affected by the publicity and interest that a case generates, a court does not abuse its discretion by denying a motion for jury sequestration. |
Criminal Law and Procedure |
|
T. Cantil-Sakauye | Feb. 5, 2019 |
C079134
|
People v. Hull
Grant of immunity was not required when alleged victim invoked right against self-incrimination and became unavailable under Evidence Code Section 1291 because his prior testimony was neither clearly exculpatory nor essential. |
Evidence |
|
W. Murray | Feb. 4, 2019 |
B283457
|
Perow v. Uzelac
Under Family Code Section 213, a party does not change or expand the message - and hence does not seek affirmative relief - if a party is only seeking costs. |
Family Law |
|
B. Hoffstadt | Feb. 4, 2019 |
B284932
|
Dondlinger v. L.A. County Regional Park
A statute, such as Public Resources Code Section 5566, meets the uniformity requirement when it does not require a uniform 'effect' or 'outcome', but rather uniform application of the statute. |
statutory_interpretation |
|
V. Chaney | Feb. 4, 2019 |
H045427
|
Guardianship of C.E.
Consolidation of a guardianship proceeding into an adoption proceeding is mandatory under Family Code Section 8802(d) when a petition for adoptions arises after a child is the subject of a guardianship petition. |
Family Law |
|
M. Greenwood | Feb. 4, 2019 |
17-30096
|
U.S. v. Vederoff
Under U.S.S.G. Section 4B1.2, when a state criminal statute is broader than the general federal offense and the statute is indivisible, it is not deemed a 'crime of violence' under the U.S.S.G. section. |
Criminal Law and Procedure |
|
F. Gaitan | Feb. 4, 2019 |
16-99007
|
Hurles v. Ryan
Intervening Supreme Court authority that ineffective assistance of appellate counsel cannot excuse procedural default of habeas claim renders petitioner's claim unviable. |
Prisoners' Rights |
|
P. Curiam (9th Cir.) | Feb. 4, 2019 |
15-56339
|
Horton v. City of Santa Maria
Case law at the time involved circumstances too distinct to establish that a reasonable officer would perceive a substantial risk that detainee would imminently attempt suicide; thus officer entitled to qualified immunity. |
Qualified Immunity |
|
M. Berzon | Feb. 4, 2019 |
15-16145
|
Hines v. Youseff
Right to be free from heightened exposure to Valley Fever spores in California state prisons was not clearly established at the time; thus, defendant officials were entitled to qualified immunity. |
Qualified Immunity |
|
A. Kleinfeld | Feb. 4, 2019 |
13-17403
|
U.S. CFTC v. Crombie
Under 7 U.S.C. Section 13(a)(4) of the Commodity Exchange Act, a defendant makes false statements 'willfully' if the defendant knew they were false or made them with reckless disregard for their veracity. |
Civil Procedure |
|
M. Berzon | Feb. 4, 2019 |
D074064
|
In re N.O.
Under Welfare and Institutions Code Section 364(c), minor's counsel did not show that conditions still existed that would justify the court's initial assumption of jurisdiction over minor; thus, termination of jurisdiction affirmed. |
Dependency |
|
P. Benke | Feb. 1, 2019 |
B287696
|
Vasquez v. San Miguel Produce, Inc.
An agency or similar relationship, such as being co-employers, between the nonsignatory and one of the parties to an arbitration agreement allows enforcement of the arbitration agreement by the nonsignatory. |
Arbitration |
|
S. Perren | Feb. 1, 2019 |
H044999
|
People v. Atkins
The prosecution must prove, as an element of the first method of violating Penal Code Section 69, that the defendant knows that the person he or she is attempting to deter is an executive officer. |
Criminal Law and Procedure |
|
A. Danner | Feb. 1, 2019 |
A153942
|
Berkeley Hills Watershed Coalition v. City of Berkeley
'Location exception' to California Environmental Quality Act's Class 3 exemption applies where the project impacts public resources and earthquakes and landslides are geological events; thus the proposed construction was exempt. |
Environmental Law |
|
S. Margulies | Feb. 1, 2019 |
H044213
|
Trolan v. Trolan
A court cannot substitute its judgment and discretion for that of a trustees' if the trustees are acting within proper limits, unless there is a complete failure or refusal to perform the duties of the trustees. |
probate_and_trusts |
|
M. Greenwood | Feb. 1, 2019 |
B284436
|
Harmony Gold U.S.A., Inc. v. County of Los Angeles
Taxation provision making prospective impact of revaluation after property owner's successful challenge of erroneous valuation properly bars owner's recovery for earlier years' overtaxation. |
Tax |
|
F. Rothschild | Feb. 1, 2019 |
S252702
|
People v. Henson
Order |
|
Feb. 1, 2019 | ||
S252915
|
Wilde v. City of Dunsmuir
Order |
|
Feb. 1, 2019 | ||
16-56188
|
Ellis v. Harrison
Order |
|
Feb. 1, 2019 | ||
16-17084
|
Booth v. U.S.
Minority tolling not recognized under Federal Tort Claims Act's statute of limitations; thus, plaintiff's action alleging that United States agency negligently caused father's death when plaintiff was a minor was time-barred. |
Civil Procedure |
|
S. Ellis | Feb. 1, 2019 |
16-16072
|
American Beverage Association v. City and County of San Francisco
The 'Zauderer' test provides the appropriate framework to analyze a First Amendment claim involving compelled commercial speech involving health and safety warnings; warning covering 20 percent of sugary beverage advertisements deemed unduly burdensome. |
Constitutional Law |
|
S. Graber | Feb. 1, 2019 |
17-35513
|
Frost v. BNSF
Jury instruction that defendant could not be liable if it terminated plaintiff due to 'honest belief' that he violated safety rules in retaliation claim was inconsistent with Federal Railroad Safety Act's statutory mandate. |
Labor Law |
|
M. Christen | Jan. 31, 2019 |
B266702
|
Cohen v. TNP 2008 Participating Notes
Agents have no standing to enforce arbitration agreements if they are not a third party beneficiary of the arbitration agreement, or if they have no actual and substantial interest in the agreement. |
Civil Procedure |
|
J. Segal | Jan. 31, 2019 |
B283949
|
Fernandez v. Alexander
Because expert's declaration was purely conclusory, plaintiff presented no admissible evidence to controvert defendant's evidence that causation for medical malpractice cannot be established; thus motion for summary judgment was properly granted. |
Evidence |
|
E. Grimes | Jan. 30, 2019 |