| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B303096
|
Huy Fong Foods, Inc. v. Underwood Ranches, LP
Hot sauce manufacturer's concealment of its decision not to renew its long-standing contractual relationship with pepper farmer constituted fraudulent concealment. |
Contracts |
|
A. Gilbert | Jul. 28, 2021 |
|
D077533
|
Marriage of L.R. and K.A.
Mother's poor co-parenting did not amount to level of destroying Father's 'mental and emotional calm' to constitute abuse under Domestic Violence Prevention Act. |
Family Law |
|
T. Do | Jul. 28, 2021 |
|
D078014
|
In re B.D.
Juvenile courts must consider whether parents' continued substance abuse had any negative effect on parent-child relationship before terminating parental rights. |
Juveniles |
|
P. Benke | Jul. 28, 2021 |
|
F078228
|
People v. Vasquez
When defendant commits crime to benefit umbrella gang, and umbrella gang satisfies primary activities and predicate offense requirements, it is not necessary to establish any connection between subsets of umbrella gang. |
Criminal Law and Procedure |
|
C. Poochigian | Jul. 28, 2021 |
|
D078415
|
Modification: Voice of San Diego v. Superior Court (County of San Diego)
Public interest in not disclosing exact location of COVID-19 outbreaks outweighed public interest in disclosure. |
Public Records Act |
|
J. Irion | Jul. 28, 2021 |
|
20-56291
|
Brach v. Newsom
California's ban on in-person schooling in private school setting abridges fundamental right of parents to control their children's education. |
Constitutional Law |
|
D. Collins | Jul. 27, 2021 |
|
18-17270
|
Fast Trak Investment Co. v. Sax
Order |
|
Jul. 27, 2021 | ||
|
S262699
|
Pollock v. Tri-Modal Distribution Services, Inc.
Actionable quid pro quo sexual harassment occurs when employees have actual or constructive knowledge of employer's decision to not promote due to harassment. |
Employment Law |
|
G. Liu | Jul. 27, 2021 |
|
S260598
|
People v. Lewis
Penal Code Section 1170.95(c) does not require petitioner to first make prima facie showing that he is entitled to relief in order to be appointed counsel. |
Criminal Law and Procedure |
|
J. Groban | Jul. 27, 2021 |
|
19-10306
|
U.S. v. Pangang Group
Being deemed instrumentality of foreign state under Foreign Sovereign Immunities Act requires more than relying on indictment's allegation of being "state-owned." |
Criminal Law and Procedure |
|
D. Collins | Jul. 27, 2021 |
|
19-56032
|
Gordon v. County of Orange
Qualified immunity was reversed because plaintiff had clearly established constitutional right to proper medical screening to ensure medically appropriate protocol was initiated. |
Civil Rights |
|
Y. Gonzalez Rogers | Jul. 27, 2021 |
|
14-72003
|
Marinelarena v. Garland
Petitioner did not meet her burden of proof to show that her conviction did not involve federally controlled substance despite having ambiguous conviction record. |
Immigration |
|
S. Graber | Jul. 27, 2021 |
|
B304968
|
Genis v. Schainbaum
Where legal malpractice is being alleged against criminal defense counsel, actual innocence of criminal charges must be proved. |
Attorneys |
|
M. Stratton | Jul. 26, 2021 |
|
H046550
|
People v. Hoang
Penal Code Section 12022.53(h) authorizes trial court to strike or dismiss firearm enhancement only; it does not permit court to substitute lesser firearm enhancement. |
Criminal Law and Procedure |
|
F. Elia | Jul. 26, 2021 |
|
B308958
|
Jolie v. Superior Court of Los Angeles County
Advised of judge's involvement in matters involving respondent's counsel, which expanded their professional relationship, along with judge's failure to voluntarily disclose those matters, person might entertain doubt as to judge's impartiality. |
Judges |
|
D. Perluss | Jul. 26, 2021 |
|
20-73819
|
George Mersho v. USDC-AZP
District court erred when it failed to comply with burden shifting process Congress established in Private Securities Litigation Reform Act. |
Securities |
|
A. Gordon | Jul. 26, 2021 |
|
H047989
|
In re Guice
California Department of Corrections and Rehabilitation's regulation that excludes nonviolent parole consideration of any inmate who is currently serving term of incarceration for 'violent felony' reasonably interpreted Proposition 57. |
Criminal Law and Procedure |
|
P. Bamattre-Manoukian | Jul. 23, 2021 |
|
20-10213
|
United States v. Warren
It is not error to include the statute defining the substantive offense that is the object of a conspiracy in a judgment. |
Criminal Law and Procedure |
|
S. Graber | Jul. 23, 2021 |
|
D077778
|
People v. Arias
Pre-'People v. Banks' and 'People v. Clark' felony-murder special-circumstance findings do not categorically preclude defendants from obtaining resentencing relief under Senate Bill No. 1437. |
Criminal Law and Procedure |
|
J. McConnell | Jul. 23, 2021 |
|
19-10366
|
United States v. Halamek
District court did not err by admitting FBI child forensic interviewer's relevant and reliable expert testimony on topic of grooming for sexual abuse. |
Criminal Law and Procedure |
|
M. Smith | Jul. 23, 2021 |
|
G059446
|
Modification: People ex rel. Allstate Ins. Co. v. Rubin
Medical reports and bills in support of insurance claims were defendant's usual course of business and may not have resulted in litigation; thus, trial court properly denied defendant's anti-SLAPP motion. |
Anti-SLAPP |
|
E. Moore | Jul. 23, 2021 |
|
19-15834
|
Dustin Shepherd v. Unknown Party
Defendant failed to show 'actual innocence' to challenge his career offender sentence because the court imposed a sentence below guidelines range and was he sentenced after the guidelines became advisory. |
Criminal Law and Procedure |
|
P. Curiam (9th Cir.) | Jul. 23, 2021 |
|
19-16248
|
Shooter v. State of Arizona
District court properly dismissed plaintiff's civil rights claims alleging that he was wrongfully expelled as representative from Arizona House. |
Civil Rights |
|
D. Collins | Jul. 23, 2021 |
|
A153709
|
People v. Doane
Prosecutor misstated the law involving circumstantial evidence in closing argument. |
Criminal Law and Procedure |
|
J. Humes | Jul. 23, 2021 |
|
D078421
|
In re Rodriguez
Ameliorative amendment to Penal Code Section 667.5 did not apply retroactively when trial court in defendant's second proceeding used first judgment to calculate aggregate term of imprisonment. |
Criminal Law and Procedure |
|
P. Guerrero | Jul. 23, 2021 |
|
A155717
|
Winns v. Postmates Inc.
Supreme Court's ruling in 'Epic Systems Corp. v. Lewis' did not overrule California Supreme Court's opinion in 'Iskanian v. CLS Transportation Los Angeles, LLC.' |
Arbitration |
|
I. Petrou | Jul. 22, 2021 |
|
A160394
|
People v. Wilson
Trial court lacked statutory authority to modify defendant's parole condition without alleged parole violation. |
Criminal Law and Procedure |
|
M. Simons | Jul. 22, 2021 |
|
A156081
|
People v. Smothers
Defense counsel's misconception and consequent failure to present pertinent evidence at murder trial prejudiced defendant and constituted ineffective assistance of counsel. |
Criminal Law and Procedure |
|
R. Wiseman | Jul. 22, 2021 |
|
F080978
|
People v. Schulz
Penal Code Section 1203.1(m)(1) excludes offenses that specify lengths of probation from eligibility for two-year maximum probationary period. |
Criminal Law and Procedure |
|
K. Meehan | Jul. 22, 2021 |
|
B300971
|
Gilkyson v. Disney Enterprises, Inc.
Agreement expressly granted defendant right to exploit mechanical reproduction rights without paying royalties. |
Contracts |
|
D. Perluss | Jul. 22, 2021 |