| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
19-70506
|
Rodriguez-Ramirez v. Garland
Several inconsistencies in asylum applicant's testimony directly regarding his claim of persecution supported an adverse credibility determination. |
Immigration |
|
P. Curiam (9th Cir.) | Sep. 2, 2021 |
|
A161687
|
In re Murray
No equal protection violation in affording juvenile life without parole offenders a youth offender hearing but denying such a hearing to youthful (18 to 25) offenders. |
Civil Rights |
|
J. Richman | Sep. 2, 2021 |
|
20-60043
|
In re Nichols
Bankruptcy courts are prohibited from invoking equitable considerations to contravene 11 U.S.C. Section 1307(b)'s express language conferring upon Chapter 13 debtors absolute right to dismiss their case. |
Bankruptcy |
|
D. O'Scannlain | Sep. 2, 2021 |
|
C091399
|
Wolstoncroft v. County of Yolo
Reverse validation proceedings may be subject to equitable tolling by parties' agreement. |
Civil Procedure |
|
A. Hoch | Sep. 1, 2021 |
|
C092293
|
City of Chico v. Superior Court
Government Code Section 831.2 provided governmental immunity to city when 130-year-old tree's branch that predated city's park fell on plaintiff. |
Immunity |
|
W. Murray | Sep. 1, 2021 |
|
A159679
|
People v. Rodriguez
Penal Code Section 1473.7 does not bar defendants from moving to vacate a past conviction at a time when they are in custody for another, unrelated conviction. |
Criminal Law and Procedure |
|
T. Stewart | Sep. 1, 2021 |
|
A159148
|
Swenberg v. Dmarcian
Foreign defendant purposefully availed himself to California when he presented himself as a leader of a California corporation and participated in business phone calls regarding day-to-day operations in California. |
Civil Procedure |
|
J. Kline | Sep. 1, 2021 |
|
B308826
|
Wasito v. Kazali
Labor Code Sections 206 and 206.5 preclude Code of Civil Procedure Section 998 offer that resolves disputed wage claims if there are undisputed wages due at time of offer. |
Labor Law |
|
M. Tangeman | Sep. 1, 2021 |
|
G057950
|
Green v. Healthcare Services, Inc.
Because jury found that treatment facility was negligent and its negligence was a cause of patient's suicide, court did not err in not instructing jury on superseding cause defense. |
Torts |
|
K. O'Leary | Sep. 1, 2021 |
|
B310336
|
People v. Saxton
Defendant who was convicted of both misdemeanor exempt from Assembly Bill 1950's probation term limits and nonexempt felony can be ordered to serve term of formal probation specified by exempt misdemeanor. |
Criminal Law and Procedure |
|
M. Tangeman | Sep. 1, 2021 |
|
C091011
|
Wang v. City of Sacramento Police Dept.
Government Code Section 53069.4 appeal is available where the amount in controversy exceeds $25,000. |
statutory_interpretation |
|
J. Renner | Sep. 1, 2021 |
|
G059069
|
Amjadi v. Brown
Attorney may not settle client's case over client's objection and any provision of retainer agreement purporting to give attorney such authority is void. |
Attorneys |
|
D. Thompson | Sep. 1, 2021 |
|
19-16793
|
Gov't of Guam v. Guerrero
District court did not err in applying the presumption of regularity where original certificates had been lost, but other internal records suggested that certificates of assessment had been timely issued. |
Tax |
|
J. Wallace | Sep. 1, 2021 |
|
20-35582
|
Yu v. Idaho State University
Because an international doctoral student had received numerous negative evaluations, University did not act with unconscious racial bias when it dismissed him from his program. |
Civil Rights |
|
R. Gould | Sep. 1, 2021 |
|
H047985
|
Rozanova v. Uribe
Photocopies of exhibits for a vexatious litigant motion are recoverable under Code of Civil Procedure Section 1033.5(a). |
Civil Procedure |
|
A. Danner | Sep. 1, 2021 |
|
A161079
|
Reddish v. Westamerica Bank
Because defendant might ultimately recover costs as a prevailing party, an order requiring the parties to split deposition costs was not appealable before a final judgment. |
Civil Procedure |
|
G. Burns | Aug. 31, 2021 |
|
C089953
|
Olson v. Hornbrook Community Services District
State Water Resources Control Board, not the court, should decide issues pertaining to operator certification. |
Administrative Agencies |
|
R. Robie | Aug. 31, 2021 |
|
C083772
|
Modification: People v. Wilson
Unlawful and forcible entry into residence is predicate to application of Home Protection Bill of Rights presumption, and porch is not within residence. |
Criminal Law and Procedure |
|
W. Murray | Aug. 31, 2021 |
|
D076923
|
Modification: Kim v. R Consulting & Sales, Inc.
Contempt proceedings cannot form basis of malicious prosecution cause of action because contempt is a subsidiary procedural action; thus, anti-SLAPP motion was properly granted. |
Anti-SLAPP |
|
R. Huffman | Aug. 31, 2021 |
|
S263588
|
Walker v. Superior Court (People)
Admission of hearsay evidence regarding nonpredicate offenses via expert evaluations at Sexually Violent Predator Act probable cause hearing prejudiced defendant. |
Criminal Law and Procedure |
|
M. Cuéllar | Aug. 31, 2021 |
|
S259215
|
McHugh v. Protective Life Insurance Co.
Insurance Code Sections 10113.71 and 10113.72 apply to all life insurance policies in force when these two sections went into effect, regardless of when the policies were originally issued. |
Insurance |
|
M. Cuéllar | Aug. 31, 2021 |
|
20-16111
|
Porretti v. Dzurenda
Injunctive relief requiring prison officials to provide plaintiff certain medications while incarcerated was proper. |
Civil Rights |
|
M. Murguia | Aug. 31, 2021 |
|
20-71433
|
Sisley v. U.S. Drug Enforcement Administration
Under the Controlled Substance Act, petitions filed with the Drug Enforcement Agency require administrative exhaustion. |
Administrative Agencies |
|
W. Fletcher | Aug. 31, 2021 |
|
19-16583
|
Bladeroom Group Ltd. v. Emerson Electric
In English contract interpretation, court need not look at how commercially reasonable contract term is if that term is stated in clear and plain language. |
Contracts |
|
S. Murphy | Aug. 31, 2021 |
|
18-15845
|
The Democratic National Committee v. Hobbs
Order |
|
Aug. 31, 2021 | ||
|
20-35533
|
Brown v. Kijakazi
Order |
|
Aug. 31, 2021 | ||
|
19-10353
|
Amended Opinion: U.S. v. Gear
In order to gain a conviction under 18 U.S.C. Section 922(g)(5)(B), government must prove defendant knew he was admitted into the country under a nonimmigrant visa. |
statutory_interpretation |
|
Aug. 31, 2021 | |
|
B308815
|
Jacqueline B. v. Rawls Law Group
Plaintiff's malpractice claim was not sufficiently related to law firm's and its lawyers' contacts with California. |
Civil Procedure |
|
B. Hoffstadt | Aug. 30, 2021 |
|
D077549
|
City of Escondido v. Pacific Harmony Grove Development
Porterville doctrine applied and valued condemned property at its undeveloped state. |
Eminent Domain |
|
J. Haller | Aug. 30, 2021 |
|
21A23
|
Alabama Assn. of Realtors v. Department of Health and Human Services
Statute granting Centers for Disease Control and Prevention authority to require fumigation and disinfection does not also grant it authority to impose moratorium on evictions. |
Administrative Agencies |
|
P. Curiam (USSC) | Aug. 30, 2021 |