| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A159278
|
People v. Bankers Insurance Co.
Trial court had a rational basis to believe that a defendant had a sufficient excuse for failing to appear based on the conclusion that it would be strange to post bail and fail to appear. |
Criminal Law and Procedure |
|
J. Richman | Sep. 29, 2021 |
|
19-35918
|
Hawkins v. U.S.
A veteran was permitted to sue the government for her injuries under the Federal Torts Claim Act because she was not barred by the Federal Employees' Compensation Act. |
Torts |
|
P. Watford | Sep. 29, 2021 |
|
19-15169
|
City of Oakland v. Wells Fargo & Co.
Fair Housing Act requires Wells Fargo's discriminatory lending to be directly related to City of Oakland's depressed housing values in order for City to establish proximate cause and claim damages. |
Civil Rights |
|
M. McKeown | Sep. 29, 2021 |
|
20-35416
|
Ballou v. McElvain
A police chief was not entitled to qualified immunity when an officer asserted that she had been retaliated against for filing sex-discrimination lawsuits. |
Civil Rights |
|
M. Berzon | Sep. 29, 2021 |
|
20-70187
|
Nolasco-Amaya v. Garland
Pro se petitioner's appeal must be liberally construed and meets specificity requirements if it provides enough information as to how and why she thought the immigration judge erred. |
Immigration |
|
S. Graber | Sep. 29, 2021 |
|
20-35598
|
DePaul Industries v. Miller
Because there was no clearly established property interest in renewable city contracts under an Oregon statute, an assistant city attorney was entitled to qualified immunity. |
Immunity |
|
L. VanDyke | Sep. 29, 2021 |
|
19-17340
|
Lake v. Ohana Military Communities
Because Congress has allowed Hawaii to assert concurrent legislative power over a Marine Corps base, there was no federal question jurisdiction over plaintiffs' state law claims. |
Civil Procedure |
|
R. Nelson | Sep. 28, 2021 |
|
20-15378
|
Melnik v. Dzurenda
Prison officials' argument for qualified immunity failed because they violated a clearly established right when they prevented an inmate's access to evidence for use in inmate's prison disciplinary hearing. |
Criminal Law and Procedure |
|
R. Clifton | Sep. 28, 2021 |
|
C090073
|
Vulk v. State Farm General Ins. Co.
A mere stipulation that facts are "sufficiently similar" to another case considered in the same appeal results in an inadequate record for the court to review the judgment. |
Civil Procedure |
|
E. Duarte | Sep. 27, 2021 |
|
E074098
|
Thurston v. Omni Hotels Management Corporation
A plaintiff must possess a bona fide intent to make use of a business' services to prevail under the Unruh Civil Rights Act. |
Disability Discrimination |
|
A. McKinster | Sep. 27, 2021 |
|
21A34
|
Shoop v. Cassano
Order |
|
Sep. 27, 2021 | ||
|
20-35327
|
Wade v. Kijakazi
Appellants who proceed in forma pauperis cannot tax printing costs against the Commissioner of Social Security. |
Remedies |
|
P. Curiam (9th Cir.) | Sep. 27, 2021 |
|
20-35791
|
High Country Paving v. United Fire & Casualty
Order |
|
Sep. 27, 2021 | ||
|
F080153
|
Cavey v. Tualla
A claim submitted without plaintiff's knowledge did not cause the statute of limitations period to run. |
Torts |
|
D. Franson | Sep. 27, 2021 |
|
B306301
|
People v. Mendez
Trial courts must provide notice and an opportunity to present relevant information before ruling on a recommendation for resentencing an inmate. |
Criminal Law and Procedure |
|
E. Lui | Sep. 27, 2021 |
|
C088130
|
Sierra Watch v. County of Placer
An Environmental Impact Report that inadequately provides information about the regional setting fails to comply with the California Environmental Quality Act. |
Environmental Law |
|
C. Blease | Sep. 24, 2021 |
|
A159536
|
Kahn v. Price
Tree's obstruction of neighbor's view constituted a continuous nuisance which has no statute of limitations. |
Real Property |
|
I. Petrou | Sep. 24, 2021 |
|
B309986
|
Leiper v. Gallegos
A pro se attorney's eligibility to recover costs excluding attorney fees is not dependent whether a pro se attorney can recover attorney fees. |
Attorneys |
|
K. Yegan | Sep. 24, 2021 |
|
C092087
|
Dept. of Water Resources Cases
A reference to an administrative bulletin in the Water Code did not expand the Legislature's waiver of sovereign immunity. |
Immunity |
|
E. Duarte | Sep. 24, 2021 |
|
18-72030
|
Cui v. Garland
Because petitioner's improperly submitted motion was rejected by the clerk, it was not timely filed. |
Immigration |
|
L. VanDyke | Sep. 24, 2021 |
|
20-30001
|
U.S. v. Lizarraras-Chacon
A district court erroneously concluded that it could not consider intervening developments affecting mandatory minimum sentencing in its Federal Sentencing Statute analysis. |
Criminal Law and Procedure |
|
D. Pregerson | Sep. 24, 2021 |
|
20-15564
|
In re Volkswagen Litigation
Order |
|
Sep. 24, 2021 | ||
|
19-16920
|
Sanders v. City of Pittsburg
Because plaintiff necessarily admitted to the lawfulness of an officer's actions in his guilty plea, his excessive force claim was barred. |
Civil Rights |
|
P. Bumatay | Sep. 24, 2021 |
|
21-55395
|
LA Alliance for Human Rights v. County of Los Angeles
Because plaintiffs had no standing for discrimination claims, the district court abused its discretion in issuing an injunction against the City of Los Angeles. |
Civil Rights |
|
J. Nguyen | Sep. 24, 2021 |
|
14-99000
|
Demetrulias v. Davis
Erroneous admission of statements about the victims' character did not rise to the level of constitutional error because the challenged testimony was brief and non-inflammatory. |
Criminal Law and Procedure |
|
K. Wardlaw | Sep. 24, 2021 |
|
18-17356
|
Center for Investigative Reporting v. U.S. Dept. of Justice
The 2010 Tiahrt Amendment did not prohibit ATF from disclosing the number of weapons used in crimes that were traced back to former law enforcement ownership. |
Government |
|
K. Wardlaw | Sep. 24, 2021 |
|
B308386
|
Modification: People v. Moore
Penal Code Section 3051(h) does not violate equal protection because there is a legitimate government purpose of addressing recidivism. |
Criminal Law and Procedure |
|
E. Lui | Sep. 23, 2021 |
|
B306103
|
In re Samuel A.
The appointment of a guardian ad litem was improper where a parent obstructed proceedings but was not found to be mentally incompetent. |
Juveniles |
|
D. Perluss | Sep. 23, 2021 |
|
A159609
|
Strobel v. Johnson & Johnson
An expert witness' opinion that relied on both inadmissible hearsay and general knowledge in the expert's field was improperly disregarded. |
Evidence |
|
J. Streeter | Sep. 23, 2021 |
|
C087892
|
Sierra Watch v. County of Placer
Under the Brown Act, a memorandum placed in the county clerk's office is not 'available for public inspection' at a time when the clerk's office is closed. |
Government |
|
C. Blease | Sep. 23, 2021 |