| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
21-35159
|
In Re ICJ
A district court erred in determining that cutting off financial support was sufficient to establish that a parent had ceased to exercise his custody rights. |
International Law |
|
D. Ebel | Sep. 16, 2021 |
|
19-16450
|
Coston v. Nangalama
Because a prison's doctor failed to follow mandatory policy regarding narcotic medication, the doctor was not entitled to a jury instruction of deference towards the doctor. |
Criminal Law and Procedure |
|
M. Simon | Sep. 16, 2021 |
|
20-15291
|
Chamber of Commerce v. Bonta
Because California Labor Code Section 432.6 does not offer a way to invalidate an otherwise valid arbitration agreement, it does not conflict with the Federal Arbitration Act. |
Arbitration |
|
C. Lucero | Sep. 16, 2021 |
|
D078410
|
Finlan v. Chase
Written offers that merely reference Code of Civil Procedure Section 998 without providing specific acceptance instructions are invalid. |
Civil Procedure |
|
W. Dato | Sep. 16, 2021 |
|
D077029
|
People v. Lopez-Vinck
Although defendant was several feet away when he brandished a knife, a reasonably jury could find that defendant engaged in an act that was likely to cause injury. |
Criminal Law and Procedure |
|
C. Aaron | Sep. 16, 2021 |
|
B311725
|
Los Angeles County Metropolitan Transportation Authority v. Superior Court
Because applications for search warrants are ex parte determinations, they do not foreclose on peremptory challenges under Code of Civil Procedure Section 170.6. |
Civil Procedure |
|
L. Baker | Sep. 15, 2021 |
|
E072972
|
Curcio v. Fontana Teachers Assn. CTA/NEA
Because the Public Employees Relations Board had exclusive jurisdiction in plaintiff's unfair practice claims, the superior court lacked jurisdiction to decide those claims. |
Administrative Agencies |
|
A. McKinster | Sep. 15, 2021 |
|
C089464
|
People v. Barefield
The marital privilege is available until a final judgment of dissolution has been obtained, even if the spouses have separated. |
Evidence |
|
H. Hull | Sep. 14, 2021 |
|
B305594
|
Jorgensen v. Loyola Marymount University
A comment that an employee with hiring influence 'wanted someone younger' for a position is admissible to show pretext in an age discrimination lawsuit. |
Employment Discrimination |
|
J. Wiley | Sep. 14, 2021 |
|
G058820
|
Medina v. Equilon Enterprises, LLC
An entity can be a joint employer if enough control is exercised over an intermediary entity to indirectly dictate the wages, hours, or working conditions of the employee. |
Employment Law |
|
D. Thompson | Sep. 14, 2021 |
|
B308386
|
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. 14, 2021 |
|
A159320
|
California Renters Legal Advocacy and Education Fund v. City of San Mateo
A city's housing development guidelines did not qualify as objective standards under the Housing Accountability Act because linguistic ambiguities left much to the discretion of elected officials. |
Government |
|
A. Tucher | Sep. 14, 2021 |
|
C090014
|
People v. Bharth
There was no confrontational right violation when the court allowed a victim suffering from trauma to turn her chair away from defendant to complete the victim's testimony. |
Criminal Law and Procedure |
|
E. Duarte | Sep. 14, 2021 |
|
B312605
|
Dr. V. Productions, Inc. v. Rey
Order |
|
Sep. 14, 2021 | ||
|
21-55085
|
In Re Grand Jury
The 'primary purpose' test governs attorney-client privilege rather than the 'because of' test. |
Attorneys |
|
K. Lee | Sep. 14, 2021 |
|
19-16960
|
Warmenhoven v. NetApp, Inc.
Promises made in Powerpoint presentations did not create an ERISA plan and violation of plan administrator's duties under Section 1104(a)(1) does not require a showing of intentional deceit. |
Employment Law |
|
G. Feinerman | Sep. 14, 2021 |
|
D076919
|
People v. Haro
Because a defendant did not have fair notice, the trial court erred in imposing a 20-kilogram weight enhancement that was not pleaded. |
Criminal Law and Procedure |
|
C. Aaron | Sep. 13, 2021 |
|
B302988
|
Wesson v. Staples the Office Superstore, LLC
Trial courts have inherent authority to ensure that PAGA claims will be manageable at trial and may strike unmanageable claims. |
Employment Law |
|
N. Manella | Sep. 13, 2021 |
|
C088883
|
People v. Henderson
A belief that the criminal-justice system is unfair to African-Americans is an insufficient basis to disqualify a juror unless other evidence shows that the juror will have difficulty being impartial. |
Criminal Law and Procedure |
|
W. Murray | Sep. 13, 2021 |
|
E073926
|
Albrecht v. County of Riverside
Possessory interest tax imposed by the county and others on Native American tribes was not preempted by the Indian Reorganization Act. |
Native American Affairs |
|
R. Fields | Sep. 13, 2021 |
|
18-99009
|
Jurado v. Davis
A videotape proffered by defendant purportedly showing his remorse was properly excluded because there was no substantial evidence of trustworthiness or reliability. |
Criminal Law and Procedure |
|
S. Thomas | Sep. 13, 2021 |
|
13-73719
|
Diaz-Rodriguez v. Garland
A non-citizen defendant was not removable under a child endangerment statute because the statute criminalized conduct that fell short of the generic definition of child abuse. |
Immigration |
|
P. Watford | Sep. 13, 2021 |
|
16-99010
|
Ervin v. Davis
Rejecting defendant's claim of racially-motivated peremptory strikes was unreasonable because the district court ignored relevant factors. |
Criminal Law and Procedure |
|
J. Owens | Sep. 13, 2021 |
|
19-16483
|
Hodges v. Comcast
Complaint seeking injunctive relief for Comcast cable subscribers did not implicate the *McGill* rule because it did not seek public injunctive relief. |
Arbitration |
|
D. Collins | Sep. 13, 2021 |
|
G059134
|
Marriage of Pletcher
The trial court erred when it calculated pendent lite spousal support based on one abnormally high year of income. |
Family Law |
|
L. Marks | Sep. 13, 2021 |
|
S252796
|
Sandoval v. Qualcomm Inc.
A party who fully and effectively delegates work to a contractor owes no tort duty to that contractor's workers. |
Torts |
|
M. Cuéllar | Sep. 10, 2021 |
|
A158323
|
Modification: Alameda County Waste Management Authority v. Waste Connections US, Inc.
Local governments may inspect and copy landfill records without having to prove as a factual matter necessity for the records. |
Utilities |
|
T. Stewart | Sep. 10, 2021 |
|
A154922
|
Vasquez v. Dept. of Pesticide Regulation
Department of Pesticide Regulation's township cap program, governing yearly pesticide use, was an underground regulation that required replacement through formal rulemaking. |
Government |
|
J. Humes | Sep. 10, 2021 |
|
19-55882
|
Bell v. Wilmot Storage Services
The de minimis exception to copyright infringement applies to the substantial similarity element, rather than to the extent that defendant displays infringing material. |
Copyright |
|
K. Wardlaw | Sep. 10, 2021 |
|
18-72318
|
Etemadi v. Garland
An immigration judge clearly erred when discounting evidence that applicant had become a Christian. |
Immigration |
|
D. Boggs | Sep. 10, 2021 |