| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B309376
|
Autonomous Region of Narcotics Anonymous v. Narcotics Anonymous World Services Inc.
Probate Code Section 15800 did not provide standing for a regional delegate to sue trustee when the regional delegate is one of many groups that collectively constituted the trust's settlor. |
probate_and_trusts |
|
J. Wiley | Apr. 27, 2022 |
|
B311019
|
People v. Estrada
Defendant convicted of first degree murder was ineligible for retroactive relief under Penal Code Section 1170.95 since the jury did not convict him under the natural and probable consequences doctrine. |
Criminal Law and Procedure |
|
A. Harutunian | Apr. 27, 2022 |
|
F080692
|
People v. Serrano
Defendant's conviction for simple assault was reversed because it was necessarily premised on the same conduct that resulted in defendant's conviction for infliction of corporal injury. |
Criminal Law and Procedure |
|
C. Poochigian | Apr. 27, 2022 |
|
21-55164
|
PLS.com LLC v. National Association of Realtors
Real estate listing company adequately alleged antitrust injury because it alleged that competitors' cooperation policy harmed both sellers' agents and buyers' agents. |
Antitrust |
|
M. Smith | Apr. 27, 2022 |
|
16-72752
|
Hernandez-Ortiz v. Garland
Petitioner did not show ineffective assistance of counsel to toll the deadline for his motion to reopen his removal proceedings since he retained his attorneys after the deadline had passed. |
Immigration |
|
D. Bress | Apr. 27, 2022 |
|
20-73398
|
Gutierrez-Zavala v. Garland
Although the Board of Immigration Appeals ruled on the merits of a motion to reopen, the petition for review was denied because the Board did not have jurisdiction in the first place. |
Immigration |
|
D. Bress | Apr. 27, 2022 |
|
21-15180
|
Hill v. Walmart
Walmart did not have to pay penalties under California Labor Code Section 203 to model it hired through agency as it had reasonable grounds to believe she was an independent contractor. |
Employment Law |
|
M. Smith | Apr. 27, 2022 |
|
B315611
|
State of California v. Superior Court (Paniagua)
Descendants of man killed by a vehicle on an allegedly dangerous roadway had right to unredacted accident reports since the other accidents occurred in the same location under similar circumstances. |
Civil Procedure |
|
A. Gilbert | Apr. 27, 2022 |
|
B302321
|
Modification: Samantha B. v. Aurora Vista Del Mar, LLC
Medical Injury Compensation Reform Act limits did not apply to plaintiffs' causes of action under the Elder Abuse Act where jury found both professional negligence and reckless neglect. |
Health Care |
|
A. Gilbert | Apr. 27, 2022 |
|
D079661
|
Divino Plastic Surgery, Inc. v. Superior Court
Statutory deadline for leave to include punitive damages in a health care provider negligence claim demanded strict compliance where plaintiffs were aware of facts necessary to move to amend. |
Civil Procedure |
|
J. Irion | Apr. 26, 2022 |
|
A160539
|
Gajanan v. City and County of San Francisco
Hotel owners and management company met burden of showing "ordinary care" regarding payment of taxes when they hired and relied on controller's false statements and accounting. |
Tax |
|
M. Miller | Apr. 26, 2022 |
|
A159555
|
People v. Birdsall
Instructional error on the felony-murder theory was harmless because it was clear beyond a reasonable doubt that a rational jury would have adopted the theory that defendant was the actual killer. |
Criminal Law and Procedure |
|
J. Streeter | Apr. 26, 2022 |
|
B314242
|
United Talent Agency v. Vigilant Insurance Co.
COVID-19 losses to United Talent Agency's property did not constitute 'physical loss or damage' under insurance policy because the virus damaged people, not the property itself. |
Insurance |
|
A. Collins | Apr. 26, 2022 |
|
21-442
|
Reed v. Goertz
Order |
|
Apr. 26, 2022 | ||
|
21-1168
|
Mallory v. Norfolk Southern Railway Co.
Order |
|
Apr. 26, 2022 | ||
|
18-35218
|
Husayn v. U.S.
Order |
|
Apr. 26, 2022 | ||
|
S265910
|
In re Christopher L.
Proceeding with a jurisdiction and disposition hearing without appointing counsel for child's parent nor for providing for his presence at the hearing was not the "miscarriage of justice" required to reverse the decision as a structural error. |
Juveniles |
|
G. Liu | Apr. 26, 2022 |
|
B310499
|
Musso & Frank Grill v. Mitsui Sumitomo Insurance USA
A business interruption policy that covers physical loss and damages does not provide coverage for losses incurred by reason of the COVID-19 pandemic. |
Insurance |
|
M. Vogel | Apr. 25, 2022 |
|
D078919
|
People v. McDavid
Resentencing on firearm enhancement was vacated to allow trial court to exercise discretion to strike enhancement and impose a lesser enhancement under recently decided *People v. Tirado*. |
Criminal Law and Procedure |
|
C. Aaron | Apr. 25, 2022 |
|
21-35458
|
Woods v. Kijakazi
An administrative law judge properly rejected the opinion of plaintiff's examining physician because substantial evidence supported the judge's inconsistency findings. |
Administrative Agencies |
|
J. Nguyen | Apr. 25, 2022 |
|
21A632
|
Buntion v. Lumpkin
Order |
|
Apr. 25, 2022 | ||
|
D077200
|
Clark Bros., Inc. v. North Edwards Water District
Although government entities must pay interest on payments for public contracts not made within 30 days, late payment is not necessarily a breach of contract. |
Government |
|
W. Dato | Apr. 25, 2022 |
|
Modification: Aronow v. Superior Court (Emergent LLP)
When indigent party demonstrates inability to pay for arbitration, trial courts may provide opposing party the choice to pay for indigent party's arbitration fees or try the case in court. |
Attorneys |
|
J. Ross | Apr. 25, 2022 | |
|
D079396
|
Hassaine v. Club Demonstration Services, Inc.
Independent contractor that operated food sample tables had a special relationship with Costco shoppers that gave rise to a duty to exercise reasonable care irrespective of its contract with Costco. |
Torts |
|
W. Dato | Apr. 25, 2022 |
|
20-1029
|
City of Austin v. Reagan National Advertising of Austin, LLC
Austin, Texas' regulations prohibiting the digitizing of "off-premises" advertisement signs, but not "on-premises" signs were facially content-neutral under the First Amendment. |
Constitutional Law |
|
S. Sotomayor | Apr. 22, 2022 |
|
20-1566
|
Cassirer v. Thyssen-Bornemisza Collection Foundation
District court must apply the California choice-of-law provision since a foreign instrumentality, when not immune, is liable in the same manner and extent as an individual under the Foreign Sovereign Immunities Act. |
Immunity |
|
E. Kagan | Apr. 22, 2022 |
|
20-826
|
Brown v. Davenport
When state courts have ruled on the merits of a state prisoner's claims and the prisoner seeks federal habeas relief, courts must apply both tests: *Brecht v. Abrahamson* and the Antiterrorism and Effective Death Penalty Act. |
Criminal Law and Procedure |
|
N. Gorsuch | Apr. 22, 2022 |
|
20-303
|
U.S. v. Vaello Madero
Congress's decision to exempt Puerto Rico residents from Supplemental Security Income benefits passed the rational basis test based on their authority under the Territory Clause of the Constitution. |
Constitutional Law |
|
B. Kavanaugh | Apr. 22, 2022 |
|
20-1472
|
Boechler v. Commissioner
Thirty-day filing requirement to petition for Tax Court review is not jurisdictional and is subject to equitable tolling. |
Tax |
|
A. Barrett | Apr. 22, 2022 |
|
18-16820
|
Jessup v. Shinn
Sentence of imprisonment without the possibility of any form of release for juvenile convicted of murder did not violate *Miller v. Alabama* since the sentencing judge considered defendant's youth in sentencing. |
Criminal Law and Procedure |
|
S. Graber | Apr. 22, 2022 |