| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S261747
|
People v. Lopez
Penal Code Section 182.22(b)(4)'s gang-related sentencing enhancement only addresses completed home invasion robberies, not conspiracies to commit home invasion robberies. |
Criminal Law and Procedure |
|
L. Kruger | Apr. 8, 2022 |
|
21-15633
|
Buchanan v. Watkins & Letofsky
Title VII's integrated enterprise test can be used to determine if two entities are interconnected to collectively meet the American with Disabilities Act's 15-employee threshold requirement. |
Disability Discrimination |
|
K. Vratil | Apr. 8, 2022 |
|
20-16079
|
Mendoza v. Amalgamated Transit Union Intl.
Nonparty board members to a prior action against their union were subject to the bar against claim splitting because the members were adequately represented in the prior action. |
Civil Procedure |
|
D. Collins | Apr. 8, 2022 |
|
E073766
|
Rodriguez v. FCA US, LLC
California's Lemon Law's new motor vehicle refund-or-replace provision did not apply to previously owned vehicle sold with a balance remaining on one of the manufacturer's express warranties. |
Consumer Law |
|
M. Slough | Apr. 8, 2022 |
|
G060677
|
In re A.R.
Social Service Agency's failure to conduct an initial inquiry into child's Native American heritage in child custody proceeding constitutes a miscarriage of justice regardless of parent's efforts to appeal. |
Juveniles |
|
T. Goethals | Apr. 8, 2022 |
|
C089808
|
People v. Accredited Surety & Casualty
Surety's obligations for original $75,000 bond ceased when the court increased defendant's bail and remanded him to the sheriff's custody. |
Criminal Law and Procedure |
|
L. Mauro | Apr. 8, 2022 |
|
F082845
|
Kinney v. Superior Court (County of Kern)
Requested DUI arrestees' names were not "contemporaneous" under the Government Code because release of the names would not serve the purpose of preventing clandestine police activity. |
Government |
|
M. Snauffer | Apr. 8, 2022 |
|
B303314
|
SwiftAir v. Southwest Airlines
Because inflight entertainment and wireless internet access are services, state law causes of action involving those services are preempted by the federal Airline Deregulation Act. |
Commercial Law |
|
J. Segal | Apr. 7, 2022 |
|
E076786
|
People v. Alorica Inc.
The People had the authority to subpoena records from a company collecting consumer debt on behalf of its clients to determine whether it was a debt collector under the Rosenthal Act. |
Government |
|
F. Menetrez | Apr. 7, 2022 |
|
21A539
|
Louisiana v. American Rivers
Order |
|
Apr. 7, 2022 | ||
|
21-35561
|
Bluetooth SIG v. FCA USA
The defense of first sale doctrine only applies if consumers have been adequately made aware of the trademarked goods' origination. |
Intellectual Property |
|
P. Curiam (9th Cir.) | Apr. 7, 2022 |
|
B307538
|
Keen v. City of Manhattan Beach
City's ordinances restricting short-term rentals required commission approval under the California Coastal Act because the previously certified program made no distinction between short and long-term rentals. |
Government |
|
J. Wiley | Apr. 7, 2022 |
|
C093305
|
In re A.J.
Juvenile courts are not to hold separate jurisdictional or dispositional hearings for the mother and father. |
Juveniles |
|
H. Hull | Apr. 6, 2022 |
|
B307985
|
People v. Salinas
Prosecutor's peremptory strikes of several Black women was more likely than not attributable to unconstitutional discrimination. |
Constitutional Law |
|
L. Baker | Apr. 6, 2022 |
|
20-16900
|
Berman v. Freedom Financial Network
Where a website's notification for consumers' agreement to terms and conditions is not reasonably conspicuous, consumers do not agree to its mandatory arbitration provisions. |
Arbitration |
|
P. Watford | Apr. 6, 2022 |
|
21-10026
|
U.S. v. Hylton
Independent reasonable suspicion to perform a criminal history check during a traffic stop is not required because it is a negligibly burdensome precaution required for officer safety. |
Criminal Law and Procedure |
|
R. Nelson | Apr. 6, 2022 |
|
B302321
|
Samantha B. v. Aurora Vista Del Mar
Plaintiffs' Elder Abuse Act claims against a hospital were not subject to the Medical Injury Compensation Reform Act's limitations period nor its limit on noneconomic damages. |
Torts |
|
A. Gilbert | Apr. 6, 2022 |
|
D078550
|
Teacher v. California Western School of Law
Law school violated expelled student's right to fair process by denying him the right to cross-examine witnesses as guaranteed by the school's procedures. |
Civil Procedure |
|
C. Aaron | Apr. 6, 2022 |
|
B312685
|
In re J.C.
Substantial evidence did not support juvenile court's finding that Indian Child Welfare Act did not apply because it failed to ensure that the Department of Children and Family Services fulfilled its duty of inquiry. |
Juveniles |
|
J. Segal | Apr. 6, 2022 |
|
20-35411
|
350 Montana v. Haaland
Department of Interior's finding of no significant environmental impact required more analysis than potential greenhouse gas emissions being "minor" relative to other global emissions sources. |
Environmental Law |
|
M. Christen | Apr. 5, 2022 |
|
20-15570
|
A.B. v. Hawaii State Dept. of Education
District court abused its discretion in concluding that female student athletes had not met the numerosity requirement for class certification because it failed to give appropriate weight to the large size of the proposed class. |
Civil Procedure |
|
D. Collins | Apr. 5, 2022 |
|
21-50007
|
U.S. v. Fower
Compassionate relief is not available to defendants before incarceration. |
Criminal Law and Procedure |
|
F. Block | Apr. 5, 2022 |
|
20-659
|
Thompson v. Clark
Showing that the prosecution ended without a conviction is enough to support the favorable termination element of a Section 1983 Fourth Amendment malicious prosecution claim. |
Civil Rights |
|
B. Kavanaugh | Apr. 5, 2022 |
|
20-7617
|
Lewis v. U.S.
Order |
|
Apr. 5, 2022 | ||
|
20-7798
|
Williams v. U.S.
Order |
|
Apr. 5, 2022 | ||
|
21-6448
|
Brown v. U.S.
Order |
|
Apr. 5, 2022 | ||
|
B281051
|
Modification: Marriage of Zucker
Courts may use the time of enforcement or execution of a premarital agreement when determining whether spousal support limitations of premarital agreements executed between 1986 and 2002 are unconscionable. |
Family Law |
|
T. Willhite | Apr. 5, 2022 |
|
A159812
|
Quintero v. Weinkauf
Substantial evidence supported a determination by the jury that there were exigent circumstances excusing the requirement for stalking that plaintiff demand defendant cease and abate his pattern of conduct. |
Torts |
|
J. Streeter | Apr. 5, 2022 |
|
19-10447
|
U.S. v. Kirilyuk
Application Notes' definition of "loss" as $500 per unauthorized credit card was not binding since it acted as a punishment enhancement rather than illuminating the Sentencing Guideline's definition. |
Criminal Law and Procedure |
|
P. Bumatay | Apr. 4, 2022 |
|
20-50294
|
U.S. v. Medina-Suarez
Courts are to provide instruction on a lesser-included offense where the charged offense requires the jury to determine a disputed factual element that is not required for the lesser-included offense. |
Criminal Law and Procedure |
|
J. Antoon | Apr. 4, 2022 |