| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S258574
|
County of Butte v. Dept. of Water Resources
Federal Power Act did not preempt state water agency from exercising authority over its own license application to operate state's water facilities. |
Government |
|
G. Liu | Aug. 2, 2022 |
|
S252702
|
People v. Henson
In deciding a lack of probable cause Penal Code Section 995 motion, a trial court may consider the records of multiple magistrate proceedings without court-approved consolidation of those proceedings. |
Criminal Law and Procedure |
|
M. Jenkins | Aug. 2, 2022 |
|
B314992
|
People v. Peyton
Requiring offenders still deemed sexually violent predators to use a two-step process when petitioning for release from commitment under the Sexually Violent Predators Act did not violate due process rights. |
Criminal Law and Procedure |
|
B. Hoffstadt | Aug. 1, 2022 |
|
A163741
|
Rycz v. Superior Court (McGarry)
The availability of remote testimony is not a proper basis for denying a motion to transfer a case to the county where most witnesses are located. |
Civil Procedure |
|
M. Simons | Aug. 1, 2022 |
|
D078215
|
Munoz v. Patel
Plaintiff's complaint alleged facts sufficient to state a viable cause of action for fraud in the execution against defendant. |
Contracts |
|
J. McConnell | Aug. 1, 2022 |
|
D079209
|
People v. Maplebear Inc.
City attorney, acting on behalf of the People, was not bound to Instacart's arbitration agreement for its workers as the remedies it sought were for the public. |
Arbitration |
|
J. McConnell | Aug. 1, 2022 |
|
A163366
|
In re Jason V.
Nunc pro tunc order correcting the period of confinement imposed was permissible because the juvenile court was merely effectuating its discretionary decision and not retroactively altering it. |
Juveniles |
|
C. Mayfield | Aug. 1, 2022 |
|
E077594
|
People v. Superior Court (Ortiz)
Pretrial diversion is not allowed for misdemeanor DUIs. |
Criminal Law and Procedure |
|
R. Fields | Aug. 1, 2022 |
|
20-55603
|
Amended Opinion: Callahan v. Brookdale Senior Living Communities
Requesting to intervene in Private Attorneys General Act lawsuit because the PAGA settlement was too small was a disagreement over litigation strategy not meriting intervention as a matter of right. |
Civil Procedure |
|
E. Robreno | Aug. 1, 2022 |
|
19-15947
|
City and County of San Francisco v. Garland
California and San Francisco's Tenth Amendment challenges to federal provisions were not ripe because precedent already established that their laws complied with those federal provisions. |
Constitutional Law |
|
S. Thomas | Aug. 1, 2022 |
|
13-99001
|
Amended Opinion: Sansing v. Ryan
Denial of defendant's right to jury trial during penalty phase was harmless beyond reasonable doubt. |
Criminal Law and Procedure |
|
P. Watford | Aug. 1, 2022 |
|
20-50361
|
U.S. v. Wright
Trial court's improper consideration of inapplicable sentencing policy statement during compassionate release analysis was harmless because the court alternatively denied the motion on other appropriate grounds. |
Prisoners' Rights |
|
R. Bennett | Aug. 1, 2022 |
|
20-50361
|
Padilla v. Immigration and Customs Enforcement
Order |
|
Aug. 1, 2022 | ||
|
A162887
|
Essick v. County of Sonoma (Unredacted)
Because the Board of Supervisors was not the county sheriff's employer, he was not entitled to *Pitchess* protections when the newspaper requested documents pertaining to a harassment investigation. |
Public Records Act |
|
J. Streeter | Aug. 1, 2022 |
|
A161885
|
Chen v. Valstock Ventures, LLC
Civil Code Section 1717 does not allow for interim awards of attorneys' fees. |
Civil Procedure |
|
T. Brown | Aug. 1, 2022 |
|
B308741
|
Nunez v. City of Redondo Beach
A city's policy of repairing half-inch sidewalk defects did not mean that a three-quarters-inch defect posed a substantial risk of injury. |
Torts |
|
A. Edgerton | Jul. 29, 2022 |
|
A162151
|
Modification: In re Ernesto L.
When a minor is committed to the Division of Juvenile Justice, a juvenile court must apply the minor's precommitment credits against the actual maximum custodial term imposed, not the theoretical maximum exposure term. |
Juveniles |
|
J. Humes | Jul. 29, 2022 |
|
21-15751
|
Chicken Ranch Rancheria v. State of California
During negotiations with Indian tribes, California substantially exceeded the Indian Gaming Regulatory Act's limitation that any Class III compact provision be directly related to the operation of gaming activities. |
Gaming |
|
D. Bress | Jul. 29, 2022 |
|
21-15444
|
Liberty Insurance Corp. v. Brodeur
District court's substantive limits on witness' testimony were reversed because the homeowners provided the necessary contact information before his testimony. |
Civil Procedure |
|
L. VanDyke | Jul. 29, 2022 |
|
19-36029
|
Oertwich v. Traditional Village of Togiak
Order |
|
Jul. 29, 2022 | ||
|
S080276
|
People v. Ng
Though Evidence Code Section 1291 does not explicitly permit introduction of foreign testimony, analogizing with federal case law allowed for its admissibility. |
Criminal Law and Procedure |
|
J. Groban | Jul. 29, 2022 |
|
A160188
|
Shiheiber v. JPMorgan Chase Bank
Trial court had authority to impose sanctions under Code of Civil Procedure Section 575.2 for local rule violations. |
Attorneys |
|
T. Stewart | Jul. 28, 2022 |
|
A162590
|
County of Mono v. City of Los Angeles
City's decision to reduce the water allocated for irrigation was a continuing part of an earlier, ongoing project covered by leases and not a new project subject to CEQA requirements. |
Environmental Law |
|
T. Brown | Jul. 28, 2022 |
|
21-55118
|
Garnier v. O'Connor-Ratcliff
School board trustees violated parents' First Amendment rights when trustees completely blocked parents from the trustees' social media pages. |
Constitutional Law |
|
M. Berzon | Jul. 28, 2022 |
|
20-70470
|
Martinez Alquijay v. Garland
Petitioner's request for time extension of his application for asylum was denied because his age, ignorance of the law and English, and stress from fleeing Guatemala were not extraordinary circumstances. |
Immigration |
|
S. Ikuta | Jul. 28, 2022 |
|
B310619
|
Meiri v. Shamtoubi
Amended trust's no contest clause was enforceable against beneficiary's untimely petition to contest trust, as it was a direct contest under both Probate Code Section 21311(b) and the amended trust. |
probate_and_trusts |
|
M. Kim | Jul. 27, 2022 |
|
A163579
|
People v. McCune
Trial court retained jurisdiction to set hit-and-run victim's restitution amount even after defendant's probation was terminated early by amended probation limits. |
Remedies |
|
G. Burns | Jul. 27, 2022 |
|
21-30006
|
U.S. v. Willy
In open carry state, there was no probable cause to arrest defendant carrying a firearm where witnesses had stated defendant had displayed the weapon but had not threatened anyone. |
Criminal Law and Procedure |
|
J. Bybee | Jul. 27, 2022 |
|
21-15816
|
National Railroad Passenger Corp. v. Brotherhood of Locomotive Engineers and Trainmen
The federal Railroad Unemployment Insurance Act preempts California's Healthy Workplaces, Healthy Families Act as to any "sickness benefits" for California railroad employees. |
Employment Law |
|
D. Bress | Jul. 27, 2022 |
|
21-35265
|
Fort v. State of Washington
Indeterminate Sentencing Review Board setting of hearings pursuant to Washington state statute was part of a judicial function warranting quasi-judicial immunity. |
Criminal Law and Procedure |
|
J. Rawlinson | Jul. 27, 2022 |