| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
20-35582
|
Yu v. Idaho State University
In a racial discrimination lawsuit, the district court's remark regarding expert witness' "aversion racism" theory was not legal error. |
Civil Rights |
|
R. Gould | Oct. 21, 2021 |
|
20-55634
|
Fraihat v. U.S. Immigration and Customs Enforcement
Because ICE's directives and mandates included protecting immigration detainees from COVID-19, plaintiffs were unable to establish that ICE acted with a deliberate indifference to detainee's medical needs. |
Immigration |
|
D. Bress | Oct. 21, 2021 |
|
20-15539
|
McKinney-Drobnis v. Oreshack
The trial court erred in finding that vouchers offered as part of a class-action settlement were not "coupons" under the Class Action Fairness Act. |
Civil Procedure |
|
E. Miller | Oct. 21, 2021 |
|
H047281
|
People v. Greeley
Assembly Bill 1869 requires courts to strike the criminal justice administration fee and the probation supervision fee even though the fees are already uncollectable. |
Criminal Law and Procedure |
|
F. Elia | Oct. 21, 2021 |
|
H049016
|
Rodriguez v. Superior Court (People)
The time between when a defendant has been certified as competent and the court's approval of that certificate does not count towards the two-year involuntary commitment limit. |
Criminal Law and Procedure |
|
A. Danner | Oct. 21, 2021 |
|
B312411
|
Patterson v. Superior Court (Charter Communications)
In a Fair Employment and House Act claim, an arbitration agreement cannot award attorney fees to a defendant without a showing that the claim was frivolous. |
Employment Law |
|
D. Perluss | Oct. 20, 2021 |
|
C091253
|
Williams v. RGIS, LLC
Employee agreements containing an arbitration agreement that waived Private Attorney General Act representative actions are unenforceable and are contrary to public policy. |
Labor Law |
|
E. Duarte | Oct. 20, 2021 |
|
D077859
|
People v. Dominguez
A petition for resentencing based on changes to felony murder law does not allow an inmate to relitigate factual issues decided against him. |
Criminal Law and Procedure |
|
R. Huffman | Oct. 20, 2021 |
|
B307000
|
People v. Cepeda
Penal Code Section 1170 permits a trial court, upon receiving a letter from the California Department of Corrections and Rehabilitation, to resentence a defendant under Senate Bill No. 1393. |
Criminal Law and Procedure |
|
B. Currey | Oct. 20, 2021 |
|
A161193
|
Moreci v. Scaffold Solutions, Inc.
Under the general standing rules requiring some sort of confidential or fiduciary relationship, a trial court correctly determined a party lacked standing to move to disqualify counsel. |
Attorneys |
|
J. Richman | Oct. 20, 2021 |
|
21-70685
|
In re Walsh
Mandamus relief was denied because a district court did not commit clear error when it ordered the Secretary of Labor to reveal the identities of informant witnesses by a specified date. |
Civil Procedure |
|
J. Wallace | Oct. 20, 2021 |
|
A158195
|
Modification: Mt. Diablo Unified School Dist. v. Clayton Valley Charter High School
A school district cannot charge a charter school a pro rata share of overall district 'facilities costs' if the charter school already pays for those costs for its own premises. |
Education |
|
S. Pollak | Oct. 20, 2021 |
|
B310319
|
In re Cole L.
A juvenile court's findings were improper because substantial evidence did not support the finding of juvenile jurisdiction. |
Juveniles |
|
D. Perluss | Oct. 20, 2021 |
|
A158830
|
Crestwood Behavioral Health v. Lacy
Arbitration agreement did not supplant Labor Commissioner's ability to investigate employee's employment violation complaints against former employer. |
Labor Law |
|
D. Chou | Oct. 20, 2021 |
|
C092584
|
Modification: Li v. Superior Court (Medical Board of California)
A trial court must account for the standard of proof in the underlying administrative proceeding when exercising its independent judgment. |
Administrative Agencies |
|
R. Robie | Oct. 20, 2021 |
|
C093153
|
Modification: In re Marti
A case was not moot when the court could afford an inmate relief because the disciplinary finding at issue could be considered in future adjudications. |
Criminal Law and Procedure |
|
Oct. 20, 2021 | |
|
19-60065
|
In re Hutchinson
Even if tax lien could have been avoidable by bankruptcy trustee under Bankruptcy Code Section 724(a), Section 522(h) cannot be used to avoid properly filed tax liens. |
Bankruptcy |
|
D. Collins | Oct. 20, 2021 |
|
20-60044
|
In re Stevens
Under Bankruptcy Code Section 554(c), for properties to be deemed abandoned, they must be first literally scheduled under Section 521(a). |
Bankruptcy |
|
R. Nelson | Oct. 20, 2021 |
|
20-16905
|
Miranda v. City of Casa Grande
Even if a police officer lied during administrative proceedings, there was no due process violation because plaintiff was granted a second administrative hearing that voided his license suspension. |
Civil Rights |
|
D. Bress | Oct. 20, 2021 |
|
B310566
|
In re Y.W.
Because the Department of Children and Family Services omitted information about a grandmother's tribal ancestry, notice to the Tribes was not adequate under the Indian Child Welfare Act. |
Juveniles |
|
J. Segal | Oct. 20, 2021 |
|
A159790
|
SEIU-USWW v. Preferred Building Services, Inc.
In the context of the Displaced Janitors Opportunity Act, a services contract terminated on the actual last day services were provided, rather than the later, stated date of termination. |
Labor Law |
|
M. Simons | Oct. 19, 2021 |
|
B306652
|
Morales v. Factor Surfaces LLC
A trial court did not err by allowing commission payments to be included when calculating an employee's hourly rate of pay because the employer failed to produce evidence to the contrary. |
Employment Law |
|
B. Currey | Oct. 19, 2021 |
|
20-1492
|
Abdulla v. Garland
Order |
|
Oct. 19, 2021 | ||
|
20-1631
|
Hirshfeld v. Implicit LLC
Order |
|
Oct. 19, 2021 | ||
|
20-493
|
Ysleta Del Sur Pueblo v. Texas
Order |
|
Oct. 19, 2021 | ||
|
20-7622
|
Denezpi v. U.S.
Order |
|
Oct. 19, 2021 | ||
|
20-1539
|
Rivas-Villegas v. Cortesluna
Precedent involving an unarmed suspect and a noise complaint did not create clearly established law as to defendant's response to a domestic abuse situation with an armed suspect. |
Civil Rights |
|
P. Curiam (USSC) | Oct. 19, 2021 |
|
20-1668
|
City of Tahlequah v. Bond
Precedential decisions dismissing qualified immunity must be clearly established and so well-defined so that reasonable officers would know their conduct is unlawful based on the circumstances they are in. |
Civil Rights |
|
P. Curiam (USSC) | Oct. 19, 2021 |
|
21-35242
|
S.C. v. Lincoln County School District
A district court erroneously interpreted an administrative law judge's order regarding the Individuals with Disabilities Education Act. |
Education |
|
J. Rakoff | Oct. 19, 2021 |
|
20-1738
|
Yellen v. House of Representatives
Order |
|
Oct. 18, 2021 |