Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
E080000
|
Hatley v. Southard
Trial court erred in denying wife's domestic violence restraining order by limiting its analysis of abuse to only physical violence or threats of violence. |
Family Law |
|
M. Raphael | Aug. 18, 2023 |
22-50064
|
U.S. v. Lucas
Order |
|
Aug. 18, 2023 | ||
20-35813
|
Hecox v. Little
Because of the likely Equal Protection Clause violation, Idaho district court did not abuse its discretion in preliminarily enjoining law that banned transgender female participation in women's athletics. |
Constitutional Law |
|
K. Wardlaw | Aug. 18, 2023 |
22-35208
|
Tarpey v. U.S.
Organization of tax-avoidance scheme was activity giving rise to tax penalties assessed by the IRS equal to 50 percent of the gross income from the scheme. |
Tax |
|
M. McKeown | Aug. 18, 2023 |
S271049
|
People v. Mumin
The concurrent intent (or "kill zone") attempted murder instruction should only be given where there is substantial evidence that supports that defendant intended to kill everyone within a "kill zone." |
Criminal Law and Procedure |
|
C. Corrigan | Aug. 18, 2023 |
S272237
|
People v. Schuller
Trial court's failure to instruct on theory of imperfect defense amounted to constitutional error and was subject to review under the stricter federal *Chapman* standard for harmless error. |
Civil Procedure |
|
J. Groban | Aug. 18, 2023 |
B318310
|
People v. Meza
Order |
Criminal Law and Procedure |
|
Aug. 18, 2023 | |
B315264
|
People ex rel. Allstate Insurance Company v. Discovery Radiology
Nonphysician's control over medical corporations' radiology services constituted an illegal, unlicensed practice of medicine which could be the basis for insurance fraud claims. |
Insurance |
|
L. Edmon | Aug. 17, 2023 |
C097144
|
Torres v. Superior Court (People)
Petitioner's Section 170.6 challenge to the judge was properly denied as untimely because her felony murder request for resentencing on remand did not constitute a "new trial." |
Criminal Law and Procedure |
|
E. Duarte | Aug. 17, 2023 |
B322152
|
In re Andre Pierre Harris
Trial court could deny application for name change where statutorily required criminal history check revealed applicant had outstanding warrants. |
Civil Procedure |
|
J. Wiley | Aug. 17, 2023 |
B326653
|
People v. Superior Court (Mitchell)
Prosecutors may appeal a trial court's postpreliminary hearing, pretrial order reducing a felony "wobbler" to a misdemeanor because the trial court lacks authority to reduce the charge at that time. |
Criminal Law and Procedure |
|
K. Yegan | Aug. 17, 2023 |
B322465
|
Anderson v. County of Santa Barbara
Courts may not use California Environmental Quality Act to enjoin county Road Commissioner from executing its legal, public duty of enforcing encroachment laws. |
Environmental Law |
|
K. Yegan | Aug. 17, 2023 |
C096773
|
Kielar v. Superior Court (Hyundai)
Rejecting *Felisilda v. FCA*'s holding, nonsignatory car manufacturer could not enforce arbitration provision in sales contract under the doctrine of equitable estoppel, where claims arose from warranty separate to sales contract. |
Arbitration |
|
J. Renner | Aug. 17, 2023 |
19-70961
|
Salguero Sosa v. Garland
Order |
|
Aug. 16, 2023 | ||
17-50167
|
U.S. v. Eckford
Aiding and abetting an armed robbery under the Hobbs Act is a "crime of violence" that includes a mandatory minimum sentence for using a firearm. |
Criminal Law and Procedure |
|
J. Bybee | Aug. 16, 2023 |
21-71426
|
Backcountry Against Dumps v. Federal Aviation Administration
The Federal Aviation Administration was required to provide specific notification of second comment review to non-profit organization who had shown they were an interested party to wind turbine project. |
Administrative Agencies |
|
R. Gould | Aug. 16, 2023 |
20-55004
|
Chambers v. Herrera
Prisoner-plaintiff failed to state a claim where his failure to protect and retaliation claims were new contexts to which the implied Bivens cause of action had never been extended. |
Prisoners' Rights |
|
R. Nelson | Aug. 16, 2023 |
21-30277
|
U.S. v. Sadler
The provisions and commentary of the U.S. Sentencing Guidelines do not create a right to collaterally attack prior convictions used for sentence enhancement. |
Criminal Law and Procedure |
|
D. Collins | Aug. 16, 2023 |
22-55614
|
Parker v. County of Riverside
Defendant could not show that the Riverside County DA committed a *Brady* suppression of evidence violation by withholding the actual murderer's confession since defendant was not convicted. |
Civil Rights |
|
P. Curiam | Aug. 16, 2023 |
D080199
|
Alliance San Diego v. City of San Diego
Though the court affirmed that citizens' initiatives for special taxes only require a simple majority, the case was remanded to determine if citizens or the city controlled the initiative. |
Government |
|
R. Huffman | Aug. 15, 2023 |
A163817
|
Lee v. Cardiff
Trial court did not err in denying Business and Professions Code Section 7168 attorney's fees when homeowner's swimming pool claim was mostly unsuccessful and only a small percentage of her award. |
Business Law |
|
K. Banke | Aug. 15, 2023 |
21-35995
|
R.W. v. Columbia Basin College
*Ex parte Young* doctrine allowed a nursing student to bring his claim for injunctive relief against school officials because his allegedly wrongful academic sanctions constituted an ongoing constitutional violation. |
Civil Procedure |
|
R. Paez | Aug. 15, 2023 |
22-15377
|
Nacarino v. Kashi Co.
Consumer claims based on allegedly misleading food labels were preempted where sustaining them would have established a requirement for food labeling that differed from federal requirements. |
Consumer Law |
|
M. Christen | Aug. 15, 2023 |
S269237
|
People v. Gray
A "spontaneous statement" (the hearsay exception) does not automatically satisfy a probationer's due process right of confrontation nor is automatically admissible at a probation revocation hearing. |
Criminal Law and Procedure |
|
P. Guerrero | Aug. 15, 2023 |
E079076
|
California Dept. Corrections & Rehabilitation v. Workers' Compensation Appeals Board
Industrial disability leave cannot be increased by one half in cases of serious and willful employer misconduct because it is not "compensation" under Division 4 of the Labor Code. |
Workers' Compensation |
|
M. Raphael | Aug. 15, 2023 |
C095659
|
Grant Park Neighborhood Assn. Advocates v. Dept. of Public Health
State Department of Public Health was required to engage in a back-and-forth interactive process with Santa Cruz law enforcement agencies before approving a needle and syringe exchange program in the county. |
Administrative Agencies |
|
S. Boulware Eurie | Aug. 15, 2023 |
A162932
|
Marriage of Hearn
Fee award in marital dissolution was appropriate where there was a disparity in ability to retain counsel and one party could contribute to the legal representation of both parties. |
Family Law |
|
M. Miller | Aug. 14, 2023 |
B326869
|
Committee to Support the Recall v. Logan
Trial court erred by improperly commanding Registrar to authorize use of electronic voter lists outside its examination room and to disclose redacted affidavits of voter registration. |
Government |
|
A. Mori | Aug. 14, 2023 |
H049854
|
Santa Rita Union School District v. City of Salinas
City was not required to include school project alternatives stemming from a potential lack of funding in its environmental impact report. |
Environmental Law |
|
H. Williams | Aug. 14, 2023 |
18-70225
|
Reyes-Corado v. Garland
Changed circumstances were sufficient to reopen removal proceedings where the petitioner's fear of persecution asserted in the original proceedings had not changed but had become more serious and real. |
Immigration |
|
L. Koh | Aug. 14, 2023 |