| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B308627
|
People v. Nolasco
No equal protection violation in differential treatment of recommitment orders' end dates for those with mental illnesses versus those with developmental disabilities. |
Constitutional Law |
|
B. Hoffstadt | Aug. 2, 2021 |
|
B301617
|
People v. Walker
By correcting one part of sentence, trial court is resentencing defendant and is obligated to look at most current facts and law to determine whether they render different part of sentence incorrect. |
Criminal Law and Procedure |
|
B. Hoffstadt | Aug. 2, 2021 |
|
G060034
|
Exline v. Gillmor
Public official's Form 700 filings falls within Code of Civil Procedure Section 425.17(d)(2)'s exception to public interest exemption to anti-SLAPP statute. |
Anti-SLAPP |
|
R. Fybel | Aug. 2, 2021 |
|
E073073
|
Braganza v. Albertson's LLC
Party who seeks continuance must show why discovery necessary to oppose motion for summary judgment could not have been completed sooner. |
Civil Procedure |
|
R. Fields | Aug. 2, 2021 |
|
C088889
|
Modification: People v. Potter
'Miranda' advisements were not required for defendant who voluntarily went to police station to take polygraph examination, was told he was free to leave, and was not arrested after confessing. |
Criminal Law and Procedure |
|
A. Hoch | Aug. 2, 2021 |
|
E075921
|
In re L.O.
Mere fact that parents had separated did not establish that father no longer posed substantial risk of serious physical harm to child. |
Juveniles |
|
D. Miller | Aug. 2, 2021 |
|
A158238
|
People v. Clark
Defendant's unpaid balance of monthly $100 probation supervision fee was struck under Assembly Bill 1869. |
Criminal Law and Procedure |
|
J. Streeter | Aug. 2, 2021 |
|
17-55435
|
John Doe v. Nestle, S.A.
Order |
|
Aug. 2, 2021 | ||
|
20-70042
|
Wide Voice v. Federal Communications Commission
Competitive local exchange carrier's tariffed rate was unlawful because it violated FCC's benchmarking rule by exceeding established step-down rates. |
Administrative Agencies |
|
J. Rawlinson | Aug. 2, 2021 |
|
17-35019
|
Thompson v. Hebdon
Alaska's individual-to-candidate campaign contribution limit of $500 a year was not closely drawn to meet its objectives. |
Constitutional Law |
|
C. Callahan | Aug. 2, 2021 |
|
20-15542
|
AdTrader Inc. v. Google
Order awarding attorneys' fees from common fund is not immediately appealable where parties stipulated that attorneys' fees would be paid out of defendant's pocket. |
Attorneys |
|
J. Rakoff | Aug. 2, 2021 |
|
S062259
|
Modification: People v. Scully
Excusal of prospective juror was proper because she described death vote as 'possibility' but never stated she could actually impose death penalty when warranted. |
Criminal Law and Procedure |
|
T. Cantil-Sakauye | Aug. 2, 2021 |
|
C080978
|
People v. Yang
Trial court abused its discretion by allowing expert testimony regarding postpartum mental disorders without sufficient factual basis and by admitting defendant's privileged psychological records. |
Criminal Law and Procedure |
|
E. Duarte | Jul. 30, 2021 |
|
A158696
|
Mahler v. Judicial Council of California
Although plaintiffs' complaint was not barred by legislative immunity, their disparate impact age discrimination claim failed to allege causal connection. |
Judges |
|
K. Banke | Jul. 30, 2021 |
|
H045045
|
Pear v. City & County of S.F.
Secondary easement is no more than the right to do that which is necessary for the principal easement's enjoyment. |
Real Property |
|
A. Grover | Jul. 30, 2021 |
|
S244148
|
Bonni v. St. Joseph Health System
Disciplinary actions imposed through peer review do not qualify as protected activity under anti-SLAPP statute. |
Anti-SLAPP |
|
L. Kruger | Jul. 30, 2021 |
|
S259956
|
People v. Bryant
Mandatory supervision terms and conditions are to be evaluated for reasonableness on case-by-case basis under 'People v. Lent' test. |
Criminal Law and Procedure |
|
C. Corrigan | Jul. 30, 2021 |
|
19-10218
|
U.S. v. Telles
No substantial evidence of defendant's incompetence during proceedings where defendant understood charges against him and discussed mental health as part of litigation strategy. |
Criminal Law and Procedure |
|
M. Smith | Jul. 30, 2021 |
|
B306127
|
Hollingsworth v. Heavy Transport, Inc.
Jurisdictional questions regarding workers' compensation coverage are properly decided by court, not jury. |
Employment Law |
|
A. Collins | Jul. 29, 2021 |
|
A158168
|
Fisher v. MoneyGram International, Inc.
Arbitration provision was unconscionable because it was hidden on back side of money transfer order form, in tiny 6-point print that was virtually illegible. |
Contracts |
|
J. Streeter | Jul. 29, 2021 |
|
19-50313
|
U.S. v. Gomez
Prosecution may preemptively rebut defense of entrapment when defendant clearly indicates he will present entrapment defense. |
Criminal Law and Procedure |
|
S. Ikuta | Jul. 29, 2021 |
|
19-35172
|
U.S. v. Dade
Defendant did not demonstrate his convictions 'relied on' residual-clause definition of 'crime of violence' under 18 U.S.C. Section 16(b). |
Criminal Law and Procedure |
|
J. Choe-Groves | Jul. 29, 2021 |
|
20-70092
|
Bahr v. Regan
Environmental Protection Agency's conclusion that Arizona achieved statutory required reduction in ozone concentration by July 2018, in compliance with Clean Air Act, was valid. |
Environmental Law |
|
C. Bea | Jul. 29, 2021 |
|
19-72915
|
National Parks Conservation Association v. Federal Energy Regulatory Commission
Federal Energy Regulatory Commission may properly limit intervention in post-licensing deadline extension proceedings. |
Administrative Agencies |
|
M. McKeown | Jul. 29, 2021 |
|
20-55631
|
National Pork Producers Council v. Ross
Proposition 12 does not impose impermissible extraterritorial effects where it is neither price-control nor price-affirmation statute. |
Constitutional Law |
|
S. Ikuta | Jul. 29, 2021 |
|
19-17143
|
Bailey v. MacFarland
Domestic relations exception to federal diversity jurisdiction applied because plaintiff was seeking modification to existing divorce decree. |
Civil Procedure |
|
W. Fletcher | Jul. 29, 2021 |
|
20-16092
|
Orellana v. Mayorkas
Under 'circumstance-specific' approach, district court is not limited to reviewing record in criminal case in determining loss to victim for purposes of 8 U.S.C. Section 1101(a)(43)(M)(i). |
Immigration |
|
S. Ikuta | Jul. 29, 2021 |
|
A160659
|
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 | Jul. 28, 2021 |
|
20-35453
|
R-Calf v. Vilsack
Promotional materials by third-parties that are subject to Secretary of Agriculture's pre-approval is government speech and exempt from First Amendment scrutiny. |
Constitutional Law |
|
A. Hurwitz | Jul. 28, 2021 |
|
B297616
|
Jackson v. Park
Defense counsel engaged in misconduct by falsely arguing excluded evidence did not exist and by arguing facts outside the record. |
Attorneys |
|
M. McCormick | Jul. 28, 2021 |