| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
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 |
|
20-35721
|
Friends of Alaska National Wildlife Refuges v. Haaland
Secretary of the Interior had authority under the Alaska National Interest Lands Conservation Act to approve a land-exchange agreement that would balance environmental needs with the economic and social needs of Alaska natives. |
Environmental Law |
|
E. Miller | Mar. 17, 2022 |
|
21-55229
|
Raines v. U.S. Healthworks Medical Group
Order |
|
Mar. 17, 2022 | ||
|
A158467
|
State Farm Mutual Automobile Insurance Company v. Robinson
An arbitration award could not be vacated where the arbitrator relied on a trial court discovery ruling and plaintiff failed to properly challenge the discovery ruling. |
Arbitration |
|
J. Humes | Mar. 16, 2022 |
|
B310832
|
Ramsden v. Peterson
The trial court properly applied best interests of the child standard and approved parent's move-away request when she showed that changes in circumstances supported that it was in the child's best interests. |
Family Law |
|
M. Tangeman | Mar. 16, 2022 |
|
B311548
|
People v. Guerrero
Courts must consider youth-related mitigating factors enumerated in Penal Code Section 190.3 to adequately exercise sentencing discretion. |
Criminal Law and Procedure |
|
D. Perluss | Mar. 16, 2022 |
|
B311611
|
People v. Magana
Defendant had a colorable equal protection challenge where involuntary commitments for sexually violent predators lacked the jury right advisements required for other involuntary commitments. |
Criminal Law and Procedure |
|
G. Feuer | Mar. 16, 2022 |
|
B313533
|
In re Brown
Courts must apply *Humphrey* framework for bail determinations even where defendants are charged with serious, violent felonies and it does not require unusual circumstances to merit its use. |
Criminal Law and Procedure |
|
D. Perluss | Mar. 16, 2022 |
|
B317228
|
People v. Lopez
The trial court had discretion to impose concurrent, rather than consecutive, sentences on defendant's specified felony sex crime convictions. |
Criminal Law and Procedure |
|
J. Segal | Mar. 16, 2022 |
|
D078191
|
People v. Harden
A Penal Code Section 1170.95 petition to vacate a felony murder conviction must be denied if legal determinations from a prior appellate opinion refute defendant's petition as a matter of law |
Criminal Law and Procedure |
|
D. McKinney | Mar. 15, 2022 |
|
A158275
|
Lee v. Amazon.com, Inc.
The trial court erred in finding Amazon immune from liability, by virtue of the Communications Decency Act, for failure to provide Proposition 65 warnings on face creams containing mercury and sold by third parties. |
Consumer Law |
|
A. Klein | Mar. 15, 2022 |
|
20-17447
|
Federal Housing Finance Agency v. Saticoy Bay
Order |
|
Mar. 15, 2022 | ||
|
21-55126
|
DePuy Synthes Sales v. Howmedica Osteonics
California law granting employees the option to void a forum-selection clause governed because it was not within the scope of nor contrary to federal transfer motion law. |
Employment Law |
|
R. Linn | Mar. 15, 2022 |
|
B304084
|
Doe v. Brightstar Residential Incorporated
The trial court erred in excluding a police report as double hearsay because the party-opponent exception and the official records exception made each level of hearsay admissible. |
Evidence |
|
J. Wiley | Mar. 14, 2022 |
|
C093132
|
In re D.P.
The juvenile court's determination that the parental-benefit exception did not apply was erroneous where evidence supported the exception and there was no analysis explaining why the evidence was not credible. |
Juveniles |
|
J. Renner | Mar. 14, 2022 |
|
A163715
|
Tan v. Superior Court (People)
Vehicle Code Section 23640's prohibition on misdemeanor diversion for DUIs supersedes Penal Code Section 1001.95's allowance for diversion of non-enumerated misdemeanors |
Criminal Law and Procedure |
|
S. Margulies | Mar. 14, 2022 |
|
20-17415
|
Bonelli v. Grand Canyon University
Former university student's civil rights claims' limitations period began when the incidents occurred and were therefore untimely. |
Civil Rights |
|
D. Bress | Mar. 14, 2022 |
|
B307726
|
People v. Diaz
Defendant could not vacate his plea agreement since he could not prove that he did not understand the plea's immigration consequences and would have rejected it had he understood. |
Criminal Law and Procedure |
|
C. Moor | Mar. 11, 2022 |
|
G059322
|
People v. Breceda
A trial court did not violate defendant's right to a fair trial by denying his motion for a mistrial based on a 73-day delay after the close of the prosecution's case-in-chief caused by the COVID-19 pandemic. |
Criminal Law and Procedure |
|
K. O'Leary | Mar. 11, 2022 |
|
D079451
|
Meinhardt v. City of Sunnyvale
In determining the dispositive nature of a writ of mandate, even if the writ resembles an order, when it determines the rights of the parties it is considered a final judgment and is therefore appealable. |
Civil Procedure |
|
C. Aaron | Mar. 11, 2022 |
|
20-70902
|
SNJ Limited v. Commissioner of Internal Revenue
That the Tax Commissioner incorrectly or unnecessarily sent a second Notice of Final Partnership Administrative Adjustment did not necessarily invalidate the issuance of earlier notices. |
Tax |
|
M. Bennett | Mar. 11, 2022 |
|
20-55401
|
Gray v. Hudson
Plaintiffs cannot prove substantial similarity between songs since an eight-note repeating instrumental figure is an uncopyrightable musical building block |
Copyright |
|
M. Smith | Mar. 11, 2022 |
|
21-15668
|
John Doe v. Snyder
The district court's denial of John Doe's mandatory preliminary injunction, requesting the court to order Medicaid to pay for Doe's male chest reconstruction surgery, was not clear error. |
Civil Procedure |
|
C. Callahan | Mar. 11, 2022 |