| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
18-72922
|
Lopez-Marroquin v. Garland
Vehicle theft under California Vehicle Code Section 10851(a) is indivisible in its treatment of accessories after the fact, and therefore, is not an aggravated felony theft offense. |
Immigration |
|
J. Nguyen | Aug. 19, 2021 |
|
18-15498
|
Ford v. Peery
Order |
|
Aug. 19, 2021 | ||
|
A158391
|
Gallano v. Burlington Coat Factory of California, LLC
Plaintiff established probability of prevailing on her Labor Code Section 2802 claim sufficient to survive defendant's anti-SLAPP motion. |
Anti-SLAPP |
|
G. Sanchez | Aug. 18, 2021 |
|
A161417
|
In re I.S.
Juvenile court must provide notice and opportunity to be heard before modifying prior order. |
Juveniles |
|
J. Richman | Aug. 18, 2021 |
|
B302754
|
Nixon v. AmeriHome Mortgage Co., LLC
Interpreting California choice-of-law provision in agreement as evidencing parties' intent to apply Labor Code Section 229 to arbitration provision departs from common sense. |
Arbitration |
|
D. Perluss | Aug. 18, 2021 |
|
B306011
|
Modification: Qaadir v. Figueroa
Plaintiff was required to show that medical bills were actually incurred before court admitted those bills as evidence, but error was harmless because jury's award fell within experts' valuations. |
Remedies |
|
S. Ohta | Aug. 18, 2021 |
|
19-10228
|
U.S. v. Ferguson
Assuming magistrate judge committed Federal Rule of Criminal Procedure 11 violation, defendant failed to show effect on his substantial rights. |
Criminal Law and Procedure |
|
P. Bumatay | Aug. 18, 2021 |
|
20-70238
|
Sharma v. Garland
Police ruining petitioner's business by stealing files and informing clients not to pay back their loans did not rise to level of past persecution. |
Immigration |
|
D. Bress | Aug. 18, 2021 |
|
19-55807
|
Allison v. Tinder
Settlements that occur before class certification are subject to high procedural standards. |
Civil Procedure |
|
J. Rakoff | Aug. 18, 2021 |
|
20-55579
|
Herring Networks v. Maddow
Exaggerated statement, cushioned within undisputed news story could not reasonably be understood to imply assertion of objective fact in order to amount to defamation. |
Anti-SLAPP |
|
M. Smith | Aug. 18, 2021 |
|
20-71839
|
Villalobos Sura v. Garland
Arrest warrant and Red Notice, combined with incredibility of petitioner's testimony, established requisite probable cause that petitioner committed four murders; thus, he was ineligible for withholding of removal. |
Immigration |
|
R. Nelson | Aug. 18, 2021 |
|
G060133
|
Modification: People v. Lapenias
Trial court erred when it allowed expert testimony that it is 'rare' for children to make false allegations of sexual abuse, but error was harmless. |
Criminal Law and Procedure |
|
E. Moore | Aug. 18, 2021 |
|
A160659
|
Modification: City and County of San Francisco v. All Persons Interested in the Matter of Proposition G
Supermajority requirement does not apply to citizens' initiatives. |
statutory_interpretation |
|
A. Tucher | Aug. 18, 2021 |
|
21A8
|
Chrysafis v. Marks
Order |
|
Aug. 17, 2021 | ||
|
B297023
|
Modification: Zuniga v. Alexandria Care Center, LLC
Trial court erred in rejecting expert testimony simply because it was based on inadmissible evidence, without further consideration of reliability of data used, and error was prejudicial. |
Evidence |
|
D. Perluss | Aug. 17, 2021 |
|
18-30238
|
U.S. v. Prigan
Hobbs Act robbery is not crime of violence under United States Sentencing Guidelines Section 4B1.2(a). |
Criminal Law and Procedure |
|
M. Murguia | Aug. 17, 2021 |
|
19-35469
|
Sackett v. U.S. Environmental Protection Agency
Property that was adjacent to jurisdictional tributary and that, together with similarly situated wetlands complex, had significant nexus to Priest Lake, was regulable under Clean Water Act. |
Environmental Law |
|
M. Friedland | Aug. 17, 2021 |
|
17-56610
|
Quintero Perez v. U.S.
National security factor counseled against extending 'Bivens' to claim against border patrol agent. |
Civil Rights |
|
M. McKeown | Aug. 17, 2021 |
|
19-70177
|
Flores-Rodriguez v. Garland
No notice of an alleged false claim of citizenship, a central issue during a hearing, violated due process. |
Immigration |
|
R. Gould | Aug. 17, 2021 |
|
20-71449
|
Decker Coal v. Pehringer
5 U.S.C. Section 7521 does not infringe upon President's inherent Article II removal power. |
Administrative Agencies |
|
R. Tallman | Aug. 17, 2021 |
|
20-70115
|
Guerrier v. Garland
'DHS v. Thuraissigiam' abrogated 'colorable constitutional claim' exception to statutory limits on court's jurisdiction to review challenges to expedited removal orders. |
Immigration |
|
E. Robreno | Aug. 17, 2021 |
|
S251135
|
Busker v. Wabtec
Work installing electrical equipment on Metrolink locomotives and rail cars does not fall within the definition of 'public works' under Labor Code Section 1720(a)(1); thus, plaintiff was not entitled to prevailing wages. |
Labor Law |
|
C. Corrigan | Aug. 17, 2021 |
|
S253574
|
Mendoza v. Fonseca McElroy Grinding Co., Inc.
Prevailing wage law does not support interpretation of Labor Code Section 1772 that expands law's scope beyond defined 'public works.' |
Labor Law |
|
C. Corrigan | Aug. 17, 2021 |
|
B308413
|
People v. Mancilla
Resentencing under Penal Code Section 1170.95 is unavailable if defendant is convicted of provocative act murder. |
Criminal Law and Procedure |
|
D. Perluss | Aug. 16, 2021 |
|
B297023
|
Zuniga v. Alexandria Care Center, LLC
Trial court erred in rejecting expert testimony simply because it was based on inadmissible evidence, without further consideration of reliability of data used, and error was prejudicial. |
Evidence |
|
D. Perluss | Aug. 16, 2021 |
|
D078062
|
Jamie Zepeda Labor Contracting v. Department of Industrial
Employers' failure to pay wages in accordance with prompt final wage payment mandate, in absence of accompanying minimum wage violation, cannot support issuance of Labor Code Section 1197.1 citations. |
Labor Law |
|
C. Aaron | Aug. 16, 2021 |
|
S256978
|
Amended Opinion: People v. Raybon
After passage of Proposition 64, possession of cannabis in prison remains a violation of Penal Code Section 4573.6. |
Criminal Law and Procedure |
|
J. Groban | Aug. 16, 2021 |
|
21-16062
|
Matias Rauda v. Jennings
8 U.S.C. 1252(g) bars judicial review of claims challenging government's execution of removal order. |
Immigration |
|
L. VanDyke | Aug. 16, 2021 |
|
20-30019
|
U.S. v. Bachmeier
Although threatening letter was mailed to courthouse, rational jury could have found beyond reasonable doubt that the judge, a natural person, was the addressee, as 18 U.S.C. Section 876(c) requires. |
Criminal Law and Procedure |
|
R. Nelson | Aug. 16, 2021 |
|
20-35336
|
Munden v. Stewart Title Guaranty Co.
District court erred in its interpretation of insurance policy under Idaho law. |
Insurance |
|
D. Boggs | Aug. 16, 2021 |