| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D077599
|
Johnson v. Maxim Healthcare Services, Inc.
Although plaintiff's individual claim was time-barred, she may still pursue representative claim under Private Attorney General Act. |
Labor Law |
|
R. Huffman | Jul. 22, 2021 |
|
C087974
|
People v. Rodriguez
Defendant was not just getaway driver in single episode, he was major participant in conspiracy to commit series of robberies. |
Criminal Law and Procedure |
|
W. Murray | Jul. 21, 2021 |
|
A162885
|
Cahill Construction Co., Inc. v. Superior Court (Richards)
Code of Civil Procedure Section 2025.295 caps deposition of terminally-ill mesothelioma plaintiff to 14 hours. |
Civil Procedure |
|
V. Rodriguez | Jul. 21, 2021 |
|
H047709
|
People v. Pineda
Defendant was entitled to judicial determination as to whether his conduct is proscribed by special-circumstances statute before his Penal Code Section 1170.95 petition may be denied. |
Criminal Law and Procedure |
|
F. Elia | Jul. 21, 2021 |
|
17-99010
|
Noguera v. Davis
Jury was properly instructed on financial-gain special circumstance. |
Criminal Law and Procedure |
|
B. Bade | Jul. 21, 2021 |
|
19-30222
|
U.S. v. Gonzalez-Valencia
Filing of Notice to Appear establishes immigration court's jurisdiction regardless of notice's failure to include time, date, and location of hearing. |
Immigration |
|
M. Bennett | Jul. 21, 2021 |
|
19-15382
|
Amended Opinion: Bernstein v. Virgin America
Summary judgment to plaintiffs on their claims for minimum wage and payment for all hours worked was reversed because defendant's compensation scheme based on block time did not violate California law. |
Labor Law |
|
M. Smith | Jul. 21, 2021 |
|
20-15810
|
Mauia v. Petrochem Insulation
In Outer Continental Shelf, state law can only be applied where gap in federal law exists. |
Labor Law |
|
M. Christen | Jul. 21, 2021 |
|
B305848
|
Harris v. Rojas
Plaintiff's recovery was slight compared to his demand; thus, trial court's ruling that plaintiff was not prevailing party was affirmed. |
Attorneys |
|
J. Wiley | Jul. 21, 2021 |
|
B305625
|
Western Bagel Co., Inc. v. Superior Court (Calderon)
Federal Arbitration Act bars courts from using contra proferentum to resolve ambiguity as to whether parties consented to nonbinding arbitration. |
Arbitration |
|
H. Bendix | Jul. 20, 2021 |
|
C088485
|
Taking Offense v. State of California
Law that prohibited staff members of long-term care facilities from willfully and repeatedly referring to resident by pronoun other than resident's preferred pronoun was content-based and did not survive strict scrutiny. |
Constitutional Law |
|
E. Duarte | Jul. 20, 2021 |
|
D078415
|
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. 20, 2021 |
|
D076956
|
Martin v. California Coastal Commission
California Coastal Commission correctly interpreted City's Local Coastal Program and Municipal Code. |
Administrative Agencies |
|
J. McConnell | Jul. 20, 2021 |
|
D077468
|
M.M. v. D.V.
Family Code Section 7612(c) requires biological father seeking third parent status to show existing relationship with child. |
Family Law |
|
J. Irion | Jul. 20, 2021 |
|
20-55777
|
Whitewater Draw v. Mayorkas
Department of Homeland Security's Instruction Manual, which implements National Environmental Policy Act regulations, did not constitute 'final agency action' subject to review under Administrative Procedure Act. |
Environmental Law |
|
J. Bybee | Jul. 20, 2021 |
|
19-15658
|
Foothill Church v. Watanabe
Order |
|
Jul. 20, 2021 | ||
|
20-35222
|
Kennedy v. Bremerton School District
Order |
|
Jul. 20, 2021 | ||
|
D077384
|
Champir, LLC v. Fairbanks Ranch Association
Determination of who is prevailing party requires ascertaining proper litigation objective. |
Attorneys |
|
T. Do | Jul. 19, 2021 |
|
F078442
|
People v. Pinedo
Defendant was entitled to have his 'narcotics offender' registration struck under plain language of the newly enacted Assembly Bill No. 1261. |
Criminal Law and Procedure |
|
K. Meehan | Jul. 19, 2021 |
|
A161195
|
People v. Mount
Application to designate felony conviction as misdemeanor on behalf of deceased defendant is moot where there is no showing that granting petition would provide any effective relief. |
Criminal Law and Procedure |
|
J. Humes | Jul. 19, 2021 |
|
19-15222
|
Lemos v. County of Sonoma
District court properly dismissed 42 U.S.C. Section 1983 excessive force claim after jury convicted plaintiff of resisting, obstructing, or delaying peace officer. |
Civil Rights |
|
I. Lemelle | Jul. 19, 2021 |
|
19-56516
|
Agendia v. Becerra
Medicare Act's notice-and-comment provision did not apply to local coverage determinations because such determinations did not establish or change substantive legal standard. |
Health Care |
|
M. Friedland | Jul. 19, 2021 |
|
20-30201
|
United States v. Williams
Term by which Washington offense is punishable is limited by upper bound of its mandatory guidelines range. |
Criminal Law and Procedure |
|
E. Miller | Jul. 19, 2021 |
|
B303797
|
Modification: Remedial Construction Services v. Aecom
Subcontract's incorporation of voluminous contract containing arbitration agreement between other parties was insufficient to subject parties to arbitration. |
Arbitration |
|
S. Perren | Jul. 19, 2021 |
|
19-36020
|
Doe # 1 v. Biden
Order |
|
Jul. 19, 2021 | ||
|
20-10004
|
United States v. Valdez-Lopez
District court did not act vindictively in resentencing defendant to longer term of imprisonment where it granted defendant's motion to vacate his conviction, and where two sentences were imposed by different judges. |
Criminal Law and Procedure |
|
E. Miller | Jul. 19, 2021 |
|
G059146
|
People v. Lopez
Trial counsel failed to provide defendant with accurate and affirmative advice about immigration consequences of his plea agreement. |
Criminal Law and Procedure |
|
E. Moore | Jul. 16, 2021 |
|
G059223
|
Struiksma v. Ocwen Loan Servicing, LLC
Wrongful foreclosure claims were not precluded by prior unlawful detainer action under Code of Civil Procedure Section 1161a. |
Civil Procedure |
|
E. Moore | Jul. 16, 2021 |
|
19-17596
|
Lil' Man in the Boat v. City & Cnty. of San Francisco
There is no indication that Congress intended private right of action in Rivers and Harbors Act Section 5(b)(2). |
Civil Rights |
|
M. Christen | Jul. 16, 2021 |
|
20-55764
|
Lund v. Cowan
Any claim challenging judge's in-court statement suggesting trust beneficiary has Down syndrome was barred by judicial immunity. |
Judges |
|
K. Lee | Jul. 16, 2021 |