| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
F074680
|
Becerra v. The McClatchy Co.
Trial courts should not use Employment Development Department regulations to analyze whether newspaper carriers are employers or independent contractors. |
Employment Law |
|
J. Detjen | Oct. 4, 2021 |
|
D078013
|
In re Miguel C.
When a juvenile presents evidence that placement in the Division of Juvenile Justice would be harmful, the prosecution must provide additional in-depth evidence to the contrary. |
Juveniles |
|
W. Dato | Oct. 4, 2021 |
|
C090060
|
Murchison v. County of Tehama
There was a triable issue as to whether police officers fell under the exigent circumstances exception when they entered plaintiff's property without a warrant upon discovering a rifle. |
Criminal Law and Procedure |
|
E. Duarte | Oct. 4, 2021 |
|
C088716
|
People v. Mani
Evidence of a defendant's prior uncharged acts was admissible because they were substantially similar to the charged act and therefore constituted evidence of intent. |
Evidence |
|
W. Murray | Oct. 4, 2021 |
|
C089002
|
People v. Pillsbury
A recommendation by the Secretary of the Department of Corrections and Rehabilitation gives the court authority to recall a defendant's sentence and then resentence him. |
Criminal Law and Procedure |
|
W. Murray | Oct. 4, 2021 |
|
C091173
|
Folsom Police Dept. v. M.C.
Police may petition to dispose of the firearms of individuals who were placed on a mental health hold and assessed, but not admitted for further evaluation. |
Criminal Law and Procedure |
|
A. Hoch | Oct. 4, 2021 |
|
19-10458
|
U.S. v. Madrid-Becerra
For sentencing purposes, Arizona's early conditional release program is a "criminal justice sentence." |
Criminal Law and Procedure |
|
J. Bybee | Oct. 4, 2021 |
|
19-16314
|
Amended Opinion: Pavulak v. von Blanckensee
Federal prisoner could not show that he lacked an unobstructed procedural shot at presenting his challenge to sentencing enhancement under 28 U.S.C. Section 2241 petition. |
Criminal Law and Procedure |
|
Oct. 4, 2021 | |
|
20-16858
|
Mudpie Inc. v. Travelers Casualty Insurance Company of America
Because COVID-19 and government orders did not cause physical damage, an insured could not recover business income losses under its insurance policy. |
Insurance |
|
M. Christen | Oct. 4, 2021 |
|
20-35487
|
Smith v. Kijakazi
An administrative law judge erred by reaching a single disability determination on a varied, multi-year period of alleged disability. |
Administrative Agencies |
|
J. Rakoff | Oct. 4, 2021 |
|
19-56409
|
Dietrich v. The Boeing Company
Because the grounds for removal were not unequivocally clear until plaintiff served amended discovery responses, defendant's notice of removal was timely. |
Civil Procedure |
|
M. Bennett | Oct. 4, 2021 |
|
D078231
|
People v. Wilson
Because the California Supreme Court changed the standards for certain felony murder inquiries, earlier jury findings do not mean defendant meets the modern standard. |
Criminal Law and Procedure |
|
J. Irion | Oct. 1, 2021 |
|
A156459
|
Findleton v. Coyote Valley Band of Pomo Indians
A party's appeal was dismissed under the disentitlement doctrine because it had repeatedly refused to comply with trial court orders. |
Civil Procedure |
|
T. Stewart | Oct. 1, 2021 |
|
A161450
|
People v. Myles
A defendant's parole risk assessment and parole suitability hearing transcript were admissible in her resentencing hearing. |
Criminal Law and Procedure |
|
S. Margulies | Oct. 1, 2021 |
|
H044023
|
People v. Sumagang
Statements made post Miranda warning are excludable when facts support conclusion that questioning was one interrogation with a Miranda warning sandwiched in between. |
Criminal Law and Procedure |
|
M. Greenwood | Oct. 1, 2021 |
|
A159825
|
People v. Morales
The right to use deadly force to prevent a robbery requires a reasonable belief that the victim of the robbery would suffer great bodily injury or death. |
Criminal Law and Procedure |
|
T. Brown | Oct. 1, 2021 |
|
B308126
|
Caballero v. Premier Care Simi Valley
Absent fraud, a party with limited English proficiency cannot avoid an arbitration provision he signed. |
Arbitration |
|
S. Perren | Sep. 30, 2021 |
|
G058371
|
Amaro v. Anaheim Arena Management
A class-action settlement was overbroad because it went beyond the factual allegations in the complaint and covered all claims relating to the legal theories of the complaint. |
Employment Law |
|
E. Moore | Sep. 30, 2021 |
|
C090234
|
People v. Wise
Defendant was subject to multiple convictions because it is possible to cause a gun to be manufactured without ever taking possession of it. |
Criminal Law and Procedure |
|
C. Blease | Sep. 30, 2021 |
|
B308440
|
Modification: Guardianship of S.H.R.
Special immigrant juvenile petition requires a showing that child's reunification with parents is unviable due to abuse, abandonment, or neglect, and a fear of gangs does not fall into any of those categories. |
Juveniles |
|
F. Rothschild | Sep. 30, 2021 |
|
B303642
|
Schreiber v. City of Los Angeles
The City of Los Angeles was not required to affirmatively find that granting building density incentives was economically necessary for a project with affordable housing units. |
Government |
|
M. Tangeman | Sep. 30, 2021 |
|
E074339
|
Humphrey v. Bewley
Publication of a property's assessor parcel number without a legal description is insufficient to satisfy service of process in quiet title actions. |
Real Property |
|
M. Ramirez | Sep. 30, 2021 |
|
H047945
|
People v. Dawson
A defendant government employee in a conflict of interest matter has the burden of showing a reasonable doubt as to whether others would have received similar terms. |
Criminal Law and Procedure |
|
F. Elia | Sep. 30, 2021 |
|
A161973
|
In re J.D.
A juvenile court was required to consider whether the child had a substantial, positive, emotional attachment before terminating a mother's parental rights. |
Juveniles |
|
T. Stewart | Sep. 30, 2021 |
|
20-16605
|
California River Watch v. City of Vacaville
A defendant can be held liable as a transporter of waste under the Resource Conservation and Recovery Act even if it did not play a role in discarding the waste. |
Environmental Law |
|
P. Bumatay | Sep. 30, 2021 |
|
19-15159
|
Stromberg v. Qualcomm
Antitrust class action certification was erroneous where choice of law analysis incorrectly concluded that other states had no interest in applying their laws. |
Antitrust |
|
R. Nelson | Sep. 30, 2021 |
|
C093153
|
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 |
|
R. Robie | Sep. 30, 2021 |
|
B296749
|
Missakian v. Amusement Industry, Inc.
Regardless of attorney's status as in-house counsel, oral agreements with employer for litigation bonuses are contingency agreements that must be in writing and signed by both counsel and employer. |
Attorneys |
|
C. Moor | Sep. 30, 2021 |
|
F079342
|
Muskan Food & Fuel, Inc. v. City of Fresno
An email presenting concerns about an oversaturation of alcohol licenses did not exhaust administrative remedies under Fresno's Municipal Code. |
Administrative Agencies |
|
J. Detjen | Sep. 29, 2021 |
|
B298901
|
Dept. of Fair Employment and Housing v. M&N Financing Corporation
Employees who were coerced by their employer to engage in discriminatory conduct were aggrieved parties under the Fair Employment and Housing Act. |
Employment Law |
|
D. Kim | Sep. 29, 2021 |