| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
H047350
|
People v. Sanchez
Evidence was insufficient to support conviction for possession of controlled substance while armed with firearm because firearm was not available for immediate defensive or offensive use. |
Criminal Law and Procedure |
|
M. Greenwood | Jul. 6, 2021 |
|
A155807
|
Vera v. REL-BC, LLC
Code of Civil Procedure Section 338(d)'s three year statute of limitations apply when fraud is 'gravamen' of breach of contract cause of action. |
Civil Procedure |
|
T. Brown | Jul. 6, 2021 |
|
B302660
|
Manela v. Stone
Assignment agreement is not conclusive evidence of unlicensed performance where assignment does not relieve contractor's obligation. |
Business Law |
|
F. Rothschild | Jul. 6, 2021 |
|
B305745
|
Mezger v. Bick
No invasion of privacy where captured sounds and video from neighbor's Nest security camera are incidental to neighbor's security interest. |
Torts |
|
E. Grimes | Jul. 6, 2021 |
|
B307916
|
People v. Grandpierre
In awarding restitution, trial court did not abuse its discretion by calculating loss to company notwithstanding company owner's efforts to make up lost work hours for company. |
Criminal Law and Procedure |
|
J. Wiley | Jul. 6, 2021 |
|
20-1084
|
Dunn v. Reeves
In denying habeas relief, state court reasonably found that lack of evidence about counsel's decisions not to hire expert to evaluate petitioner impeded petitioner's ineffective assistance of counsel claim. |
Criminal Law and Procedure |
|
P. Curiam (USSC) | Jul. 6, 2021 |
|
B295666
|
Briley v. City of West Covina
Former employee need not exhaust administrative remedies when final administrative decisionmaker is personally and antagonistically involved. |
Administrative Agencies |
|
N. Manella | Jul. 6, 2021 |
|
19-1257
|
Brnovich v. Democratic National Committee
Arizona's out-of-precinct and ballot-collection restriction voting policies do not violate Voting Rights Act. |
Civil Rights |
|
S. Alito | Jul. 2, 2021 |
|
19-251
|
Americans for Prosperity Foundation v. Bonta
Compelling disclosure of charitable organizations' Schedule B information did not serve sufficiently important government interest and violated organizations' First Amendment right to free association. |
Constitutional Law |
|
J. Roberts | Jul. 2, 2021 |
|
20A169
|
Alabama Association of Realtors v. Department of Health and Human Services
Order |
|
Jul. 2, 2021 | ||
|
20-50247
|
U.S. v. Keller
Administrative exhaustion is mandatory before seeking compassionate release under 18. U.S.C. Section 3582(c)(1)(A)(i) and must be enforced when properly raised by government. |
Criminal Law and Procedure |
|
P. Curiam (9th Cir.) | Jul. 2, 2021 |
|
20-72084
|
Regency Air v. Dickson
Change in theory sufficient to violate due process must turn on dispositive allegation or claim. |
Administrative Agencies |
|
R. Nelson | Jul. 2, 2021 |
|
S250218
|
People v. Valencia
Facts concerning particular events and participants alleged to have been involved in predicate offenses constitute case-specific facts that must be proved by independently admissible evidence. |
Criminal Law and Procedure |
|
C. Corrigan | Jul. 2, 2021 |
|
S119296
|
People v. Battle
Admission of defendant's statements regarding sword collection did not create undue prejudice because murder weapon was a knife, and statements were brief and in passing. |
Criminal Law and Procedure |
|
M. Cuéllar | Jul. 2, 2021 |
|
B308589
|
People v. Gonzales
There was no ex post facto violation when trial court vacated murder conviction under Penal Code Section 1170.95 and redesignated defendant's conviction to battery. |
Criminal Law and Procedure |
|
T. Willhite | Jul. 1, 2021 |
|
B304642
|
Belen v. Ryan Seacrest Productions
Under anti-SLAPP statute, illegal conduct must be based on defendant's concession or uncontroverted and conclusive evidence. |
Anti-SLAPP |
|
M. Stratton | Jul. 1, 2021 |
|
G059479
|
JP-Richardson v. Pacific Oaks
Arbitrator did not 'manifestly disregard' the law by relying on adverse inferences based on assertion of Fifth Amendment privilege in entering final award. |
Arbitration |
|
K. O'Leary | Jul. 1, 2021 |
|
G059331
|
Medina v. Superior Court (People)
Petitioner was denied treatment to which he was legally entitled--and the ability to accrue time toward the maximum commitment period--because providers of services had not fulfilled their obligations. |
Criminal Law and Procedure |
|
R. Fybel | Jul. 1, 2021 |
|
F078400
|
Modification: Moreno v. Bassi
When Labor Code Section 1194 and Code of Civil Procedure Section 1031 overlap, Labor Code Section 1194 controls because it is more specific and its attorney fees provision is more recently enacted. |
statutory_interpretation |
|
D. Franson | Jul. 1, 2021 |
|
20-55951
|
Flores v. Garland
District court order enjoining Department of Homeland Security from detaining certain minors in hotels for more than few days in process of expelling them from country was affirmed. |
Immigration |
|
M. Berzon | Jul. 1, 2021 |
|
20-55607
|
Schoenberg v. Federal Bureau of Investigation
District court properly found that government's withholding of information relating to Freedom of Information Act request was reasonable and disfavored awarding attorney's fees. |
Attorneys |
|
R. Nelson | Jul. 1, 2021 |
|
A159031
|
People v. Gonsalves
Defendant's probation condition forbidding him from associating with persons known to him to have 'criminal record' is impermissibly vague because it may include record of arrest resulting in no charge or conviction. |
Criminal Law and Procedure |
|
C. Fujisaki | Jul. 1, 2021 |
|
G058331
|
Linovitz Capo Shores LLC v. California Coastal Commission
In order to remodel structures, owners of mobilehomes located in coastal zones are required to obtain permits from both Department of Housing and Community Development and California Coastal Commission. |
Administrative Agencies |
|
D. Thompson | Jun. 30, 2021 |
|
B302137
|
Pasternack v. McCullough
Trial court did not err in applying hourly rates to its lodestar analysis that exceeded hourly rate actually paid. |
Attorneys |
|
T. Bigelow | Jun. 30, 2021 |
|
E075333
|
In re A.C.
Order terminating father's parental rights not prejudicial where father never claimed Indian ancestry at any point of process. |
Juveniles |
|
M. Ramirez | Jun. 30, 2021 |
|
G058480
|
Levanoff v. Dragas
Employer did not violate California law by using rate-in-effect method for calculating regular rate of pay for purposes of establishing overtime rate of pay for dual rate employees. |
Employment Law |
|
R. Fybel | Jun. 30, 2021 |
|
19-1039
|
PennEast Pipeline Co. v. New Jersey
Section 717f(h) of Natural Gas Act authorizes Federal Energy Regulatory Commission certificate holders to condemn all necessary rights-of-way, whether owned by private parties or States. |
Constitutional Law |
|
J. Roberts | Jun. 30, 2021 |
|
19-897
|
Johnson v. Guzman Chavez
Aliens subject to reinstated orders of removal are governed by 8 U.S.C. Section 1231, not Section 1226, and are thus not entitled to bond hearings while they pursue withholding of removal. |
Immigration |
|
S. Alito | Jun. 30, 2021 |
|
20-440
|
Minerva Surgical, Inc. v. Hologic, Inc.
Assignor estoppel only applies when assignor's claim of invalidity controverts representations assignor made in assigning patent. |
Patent Law |
|
E. Kagan | Jun. 30, 2021 |
|
C090439
|
People v. Presley
Defendant's commitment as sexually violent predator was not erroneous because experts' testimony drew on multiple sources of information, not solely case-specific facts. |
Criminal Law and Procedure |
|
H. Hull | Jun. 30, 2021 |