| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D078217
|
Curtin Maritime Corp. v. Pacific Dredge
Plaintiff's claim did not meet anti-SLAPP statute's minimal merit second prong since it was preempted by the Coast Guard's determination of maritime vessel eligibility. |
Anti-SLAPP |
|
J. McConnell | Mar. 23, 2022 |
|
A161503
|
City and County of San Francisco v. H.H.
A trial court erred by ordering a visitation schedule where child lived with each parent half of the time after finding father's domestic violence triggered the presumption awarding sole custody to mother. |
Family Law |
|
J. Kline | Mar. 22, 2022 |
|
B309273
|
People v. Edwards
Requirement for witnesses to wear masks while testifying did not violate the confrontation clause. |
Criminal Law and Procedure |
|
J. Wiley | Mar. 22, 2022 |
|
E072463
|
Modification: People v. E.H.
Changes to the gang-enhancement statute merited reversal of conviction because it was not conclusive that the jury instructions were harmless beyond a reasonable doubt. |
Criminal Law and Procedure |
|
M. Slough | Mar. 22, 2022 |
|
21-144
|
Seattle's Union Gospel Mission v. Woods
Order |
|
Mar. 22, 2022 | ||
|
21-648
|
Hedican v. Walmart Stores
Order |
|
Mar. 22, 2022 | ||
|
21-6412
|
Stampe v. U.S.
Opinion |
|
Mar. 22, 2022 | ||
|
B314389
|
Modification: In re Antonio R.
The duty of ensuring that proper inquiry is made regarding the possibility of a child's Native American ancestry falls on both the Department of Children and Family Services and the juvenile courts, not the parents or parents' families. |
Juveniles |
|
G. Feuer | Mar. 21, 2022 |
|
E076045
|
In re Harper
Jury's robbery-murder special circumstance finding was upheld because substantial evidence showed defendant was a major participant in the robbery despite defendant's youth at the time of the crime. |
Criminal Law and Procedure |
|
A. McKinster | Mar. 21, 2022 |
|
21-55313
|
Moreno v. UtiliQuest
Where former employee's state law claims also involve union activity claims, the National Labor Relations Act preempts the state employment claims. |
Labor Law |
|
M. Smith | Mar. 21, 2022 |
|
20-55930
|
R.J. Reynolds Tobacco Co. v. County of Los Angeles
Los Angeles County's ban on the sale of flavored tobacco products is not expressly or implied preempted by the Tobacco Control Act since it fits under the Act's savings and preservation clauses. |
Commercial Law |
|
L. VanDyke | Mar. 21, 2022 |
|
B309490
|
Mac v. Minassian
Trial court abused its discretion when it entered judgment against a party based on the post-trial fifth amended complaint after treating him as a non-party under the fourth amended complaint. |
Civil Procedure |
|
A. Harutunian | Mar. 21, 2022 |
|
B313020
|
In re J.Y.
The juvenile court abused its discretion by setting a hearing to place minor with relatives after the reunification period ended because there was no evidence that removal was necessary or in the child's best interest. |
Juveniles |
|
E. Grimes | Mar. 21, 2022 |
|
B317125
|
Colonial Van & Storage, Inc. v. Superior Court (Dominguez)
Employers do not have a duty to ensure that coworkers and business associates are safe from a third party's criminal conduct when they are visiting the private residence of an employee who works from home. |
Employment Law |
|
E. Lui | Mar. 21, 2022 |
|
C092765
|
Adoption of E.B.
Trial court incorrectly applied Family Code Section 7612, which controls disputed parentage claims, to adoption where biological parents agreed to place their child with a third parent while retaining parental rights. |
Family Law |
|
V. Raye | Mar. 18, 2022 |
|
B314389
|
In re Antonio R.
The duty of ensuring that proper inquiry is made regarding the possibility of a child's Native American ancestry falls on both the Department of Children and Family Services and the juvenile courts, not the parents or parents' families. |
Juveniles |
|
G. Feuer | Mar. 18, 2022 |
|
H046420
|
DeNike v. Mathew Enterprise, Inc.
After ruling car dealership's pretrial offer of correction was reasonable and appropriate, the trial court erred in allowing plaintiff's claim for restitution under the Consumers Legal Remedies Act to proceed. |
Consumer Law |
|
C. Wilson | Mar. 18, 2022 |
|
B301486
|
Khoiny v. Dignity Health
Academic deference did not apply to the jury's determination whether medical resident was terminated for discriminatory reasons because residents were primarily treated as employees, not students. |
Employment Discrimination |
|
M. Stratton | Mar. 18, 2022 |
|
E073965
|
Modification: People v. Clements
Although admitting a factual summary from a prior appellate decision was improper, the trial court's ruling was upheld because defendant failed to identify any portions of the appellate opinion the trial court relied on. |
Criminal Law and Procedure |
|
M. Slough | Mar. 18, 2022 |
|
B309814
|
Riskin v. Downtown L.A. Property Owners Assn.
A court has discretion to find that a plaintiff was not the prevailing party when they obtain documents under the California Privacy Rights Act that are minimal or insignificant. |
Civil Procedure |
|
K. Knill | Mar. 18, 2022 |
|
20-16971
|
B&G Foods North America v. Embry
Under the Noerr-Pennington doctrine, Proposition 65 claims are protected petitioning activities but defendants may overcome plaintiff's litigious activities by evincing a sham exception. |
Civil Rights |
|
M. Bennett | Mar. 18, 2022 |
|
21-15745
|
California Chamber of Commerce v. Council for Education and Research on Toxics
Given the robust disagreement by scientific sources over whether acrylamide in food causes cancer, the district court did not abuse its discretion in finding a Proposition 65 warning controversial. |
Civil Rights |
|
M. Bennett | Mar. 18, 2022 |
|
20-71709
|
Munoz Gonzalez v. U.S.
Courts must utilize an objective pragmatic approach to determine whether an argument was "previously unavailable" to a prisoner seeking to file a second habeas request under 28 U.S.C. Section 2255. |
Criminal Law and Procedure |
|
D. Forrest | Mar. 18, 2022 |
|
19-72897
|
California Public Utilities Commission v. Federal Energy Regulatory Commission
Federal Energy Regulatory Commission properly decided that utility membership in the California independent system operator is voluntary. |
Utilities |
|
D. Forrest | Mar. 18, 2022 |
|
22-55058
|
Jauregui v. Roadrunner Transportation Services, Inc.
District court erred in zeroing out rather than replacing defendant's faulty assumptions when attempting to meet its $5 million amount in controversy CAFA removal burden. |
Civil Procedure |
|
L. VanDyke | Mar. 18, 2022 |
|
20-55735
|
SmileDirectClub LLC v. Tippins
Teledentistry company adequately pled anticompetitive concerted action by members of the Dental Board of California under the Sherman Act. |
Antitrust |
|
M. McKeown | Mar. 18, 2022 |
|
19-70115
|
National Family Farm Coalition v. U.S. Environmental Protection Agency
Order |
|
Mar. 18, 2022 | ||
|
20-56255
|
Mohammad v. General Consulate of the State of Kuwait
Consulate did not have sovereign immunity because the commercial activity exception to the Foreign Sovereign Immunities Act applied to plaintiff secretary, whose duties were not peculiar to sovereigns. |
Immunity |
|
C. Callahan | Mar. 18, 2022 |
|
20-55999
|
Riley's American Heritage Farms v. Elsasser
In a First Amendment claim, school board and administrators may be liable for canceling a field trip to plaintiff's establishment based on plaintiff's controversial, political tweets. |
Civil Rights |
|
S. Ikuta | Mar. 18, 2022 |
|
F080831
|
Gann v. Acosta
Because the California Department of Corrections and Rehabilitations is conferred broad quasi-legislative authority for prison administrative purposes, denial of inmate's spousal overnight visit was within its authority. |
Criminal Law and Procedure |
|
M. Snauffer | Mar. 17, 2022 |