| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C092212
|
Hassett v. Olson
Former presiding judge should be disqualified as a legal representative for having presided two prior same matters personally and substantively. |
Attorneys |
|
V. Raye | May 16, 2022 |
|
A164472
|
Pacific Fertility Cases
A petition for a writ of mandate is the exclusive means to obtain appellate review of a court's good faith settlement determination. |
Civil Procedure |
|
J. Humes | May 13, 2022 |
|
E073609
|
Bowser v. Ford Motor Company
A class member who opts out of the lawsuit is not a party to that lawsuit for the purposes of admitting depositions from the class action in a later, individual suit against the same defendant. |
Consumer Law |
|
M. Ramirez | May 13, 2022 |
|
C088883
|
People v. Henderson
A belief that the criminal-justice system is unfair to African-Americans is an insufficient basis to disqualify a juror unless other evidence shows that the juror will have difficulty being impartial. |
Criminal Law and Procedure |
|
W. Murray | May 13, 2022 |
|
D079038
|
Hebert v. Barnes & Noble, Inc.
Employer was liable for Fair Credit Reporting Act violations for delegating FRCA-compliance task to a non-attorney employee and failing to proactively monitor the published consumer report disclosure form. |
Employment Law |
|
J. McConnell | May 13, 2022 |
|
B304897
|
Modification: Sky Posters Inc. v. Dept. of Transportation
Redevelopment displays qualify as an on-premises display exempt from Outdoor Advertising Act requirements if the display advertises businesses in the area and is not merely incidental. |
Commercial Law |
|
G. Feuer | May 13, 2022 |
|
19-17585
|
Center for Biological Diversity v. U.S. Fish and Wildlife Service
U.S. Fish and Wildlife Service acted arbitrarily and capriciously in approving a mining plan of operations based on its incorrect assumption that company's mining claims were valid under the Mining Law. |
Environmental Law |
|
W. Fletcher | May 13, 2022 |
|
20-16416
|
Evans v. Synopsys
Notwithstanding the district court's statements that intervenor's time to file a notice of appeal was preserved, intervenor's failure to formally request an extension mandated dismissal of the appeal. |
Civil Procedure |
|
K. Westmore | May 13, 2022 |
|
20-17416
|
Transgender Law Center v. Immigration and Customs Enforcement
ICE and DHS did not demonstrate beyond a material doubt the adequacy of their responses to plaintiffs' Freedom of Information Act requests regarding the death of a transgender asylum seeker. |
Administrative Agencies |
|
M. McKeown | May 13, 2022 |
|
D078912
|
People v. Forester
Because defendant was found guilty of stalking a victim of domestic violence, the two-year felony probation limitation in Penal Code Section 1203.1(a) did not apply. |
Criminal Law and Procedure |
|
J. McConnell | May 12, 2022 |
|
B310458
|
Quach v. California Commerce Club
Plaintiffs asserting prejudice as to defendant's delay in asserting its right to arbitrate must show more than just incurrence of costs in anticipation of litigation. |
Arbitration |
|
H. Bendix | May 12, 2022 |
|
D078841
|
People v. Lopez
Defendant's felony firearm possession sentence was remanded for resentencing pursuant to the sentencing changes in Senate Bill 567 since the evidence of the aggravating factors was not overwhelming and uncontested. |
Criminal Law and Procedure |
|
C. Aaron | May 12, 2022 |
|
22-99006
|
Dixon v. Shinn
Defendant's petition for habeas relief was denied because the state court reasonably determined that defendant's schizophrenia did not render him incompetent. |
Criminal Law and Procedure |
|
D. Bress | May 12, 2022 |
|
B304897
|
Sky Posters Inc. v. Dept. of Transportation
Redevelopment displays qualify as an on-premises display exempt from Outdoor Advertising Act requirements if the display advertises businesses in the area and is not merely incidental. |
Commercial Law |
|
G. Feuer | May 12, 2022 |
|
C091012
|
We Advocate Through Environmental Review v. City of Mt. Shasta
City should have made certain findings under the California Environmental Quality Act for each significant impact that the county identified before issuing a wastewater permit to a water bottling plant. |
Environmental Law |
|
C. Blease | May 12, 2022 |
|
20-71862
|
Jones v. U.S.
28 U.S.C. Section 2244(b)(1)'s automatic dismissal for successive postconviction relief petitions for state sentences pursuant to Section 2254 does not apply to federal sentences pursuant to Section 2255. |
Criminal Law and Procedure |
|
D. Boggs | May 12, 2022 |
|
16-16067
|
Amended Opinion: In re National Security Letter
National Security Letter law's nondisclosure provision, which prohibits disclosure of receipt of such letter, does not violate recipient's First Amendment rights. |
Constitutional Law |
|
S. Ikuta | May 12, 2022 |
|
20-72416
|
Seaview Trading v. Commissioner of Internal Revenue
Partnership's tax return was "filed" when an Internal Revenue Service agent requested the missing return and the partnership delivered a signed copy of the return to the agent. |
Tax |
|
P. Bumatay | May 12, 2022 |
|
20-56174
|
Jones v. Bonta
California's ban on semiautomatic rifles for young adults violated the Second Amendment since it burdened the right to home self-defense and did not reasonably fit the objective of reducing violence. |
Constitutional Law |
|
R. Nelson | May 12, 2022 |
|
20-17412
|
San Francisco Herring Association v. U.S. Dept. of the Interior
The National Park Service did not need to acquire a formal property interest to govern running waters because running waters cannot be owned in a traditional sense. |
Administrative Agencies |
|
D. Bress | May 11, 2022 |
|
20-35985
|
Martz v. Horazdovsky
Vessel owners' limitation-of-liability action was timely because claimant's letter did not constitute "written notice of the claim" that started the running of the six-month limitations period. |
Maritime Law |
|
E. Miller | May 11, 2022 |
|
C090436
|
Williams v. National Western Life Insurance Co.
Insurer was liable for agent's misconduct since an agent submitting a life insurance policy is the insurer's agent under Insurance Code Section 1704.5, even when the agent violates restrictions on his authority. |
Insurance |
|
V. Raye | May 11, 2022 |
|
B304140
|
People v. Pineda
A statute that allowed defendants to challenge a juvenile court fitness proceeding by direct appeal, rather than through writ relief, did not apply retroactively because it did not ameliorate punishment. |
Criminal Law and Procedure |
|
L. Baker | May 11, 2022 |
|
E075421
|
Amato v. Downs
Trial court erred by deeming plaintiff's failure to follow a local court rule as a waiver of a jury trial. |
Civil Procedure |
|
M. Raphael | May 10, 2022 |
|
B309947
|
People v. Delgado
Denial of defendant's motion to suppress was affirmed since the officers had reasonable suspicion that there was a contraband transfer based on commonsense judgments and inferences about the interaction. |
Criminal Law and Procedure |
|
J. Wiley | May 10, 2022 |
|
21-15913
|
Vaz v. Neal
Although the Executive Office for Immigration Review had taken years to investigate plaintiff's complaint, the delay was not unreasonable. |
Administrative Agencies |
|
M. Bennett | May 10, 2022 |
|
21-35182
|
Bock v. State of Washington
Plaintiffs were judicially estopped since they agreed to the statutorily mandated forfeiture of property by signing a Stipulation to Police Reports and Order of Continuance. |
Civil Procedure |
|
M. McKeown | May 10, 2022 |
|
E076734
|
People v. Parramartinez
The record demonstrated that the trial court considered the appropriate circumstances and exercised its discretion in a reasonable manner when it declined to strike defendant's firearm enhancements. |
Criminal Law and Procedure |
|
M. Ramirez | May 9, 2022 |
|
20-55882
|
Association Des Eleveurs de Canards Et D'Oies Du Quebec v. Bonta
California statutes outlawing the practice of force-feeding ducks or geese to make foie gras and prohibiting its sale were not preempted by federal law. |
Constitutional Law |
|
R. Nelson | May 9, 2022 |
|
20-15647
|
Shields v. Credit One Bank
Impairments while recovering from surgery could qualify as a "disability" despite being short-term because there are no categorical temporal limitations for disabilities under the Americans with Disabilities Act. |
Disability Discrimination |
|
D. Collins | May 9, 2022 |