| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B305655
|
People v. Ruggerio
A judgment imposing but suspending execution of a sentence is not final for purposes of S.B. 136 retroactivity. |
Criminal Law and Procedure |
|
M. Tangeman | Jun. 29, 2021 |
|
A158793
|
Modification: Gateway Bank, F.S.B. v. Metaxas
Any decision to mitigate damages under special benefit doctrine is to the extent that it equitable; thus, defendant's conduct dictated against exercise of equitable discretion in her favor. |
Remedies |
|
J. Richman | Jun. 29, 2021 |
|
20-391
|
Lombardo v. St. Louis
Appellate court described as 'insignificant' facts that appear potentially important in ruling that officers did not apply unconstitutionally excessive force. |
Criminal Law and Procedure |
|
P. Curiam | Jun. 29, 2021 |
|
20-1212
|
Pakdel v. City and County of San Francisco
Appellate court's approach that conclusive decision is not 'final' unless plaintiff also complied with administrative processes in obtaining that decision is inconsistent with ordinary operation of civil-rights suits. |
Constitutional Law |
|
P. Curiam (USSC) | Jun. 29, 2021 |
|
20-645
|
Standing Akimbo, LLC v. U.S.
Order |
|
Jun. 29, 2021 | ||
|
20-6199
|
Hernandez v. Peery
Order |
|
Jun. 29, 2021 | ||
|
19-1459
|
Polaris Innovations Limited v. Kingston Technology Co.
Order |
|
Jun. 29, 2021 | ||
|
20-74
|
Iancu v. Luoma
Order |
|
Jun. 29, 2021 | ||
|
20-314
|
RPM International Inc. v. Stuart
Order |
|
Jun. 29, 2021 | ||
|
20-853
|
Iancu v. Fall Line Patents
Order |
|
Jun. 29, 2021 | ||
|
20-7523
|
Bryant v. Lousiana
Order |
|
Jun. 29, 2021 | ||
|
20-979
|
Patel v. Garland
Order |
|
Jun. 29, 2021 | ||
|
20-1029
|
Austin, TX v. Reagan National Advertising
Order |
|
Jun. 29, 2021 | ||
|
18-99005
|
Jones v. Ryan
Defense counsel provided ineffective assistance by failing to secure defense mental expert given indications defendant likely suffered from some sort of mental illness. |
Criminal Law and Procedure |
|
S. Thomas | Jun. 29, 2021 |
|
20-35037
|
Columbia Export Terminal v. International Longshore and Warehouse Union
Section 301 of Labor Management Relations Act precluded adjudication of RICO claims because resolution of claims required interpretation of underlying collective bargaining agreement, which provided for arbitration. |
Labor Law |
|
R. Clifton | Jun. 29, 2021 |
|
S258212
|
Conservatorship of K.P.
Under Lanterman-Petris-Short Act, conservatee's unwillingness or inability to volunatarily accept treatment is not a separate element on issue of grave disability. |
Conservatorship |
|
C. Corrigan | Jun. 29, 2021 |
|
S256914
|
In re Friend
Proposition 66's new restrictions on presentation of habeas corpus claims in 'successive' petitions apply only to those claims that were or could have been raised in earlier petition, not on newly available claims. |
Criminal Law and Procedure |
|
L. Kruger | Jun. 29, 2021 |
|
20-543
|
Yellen v. Confederated Tribes of Chehalis Reservation
Alaska Native Corporations are eligible to receive funding under CARES Act because they are 'recognized governing body of an Indian Tribe' as defined in Indian Self-Determination and Education Assistance Act. |
Native American Affairs |
|
S. Sotomayor | Jun. 28, 2021 |
|
20-472
|
HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Assn.
42 U.S.C. Section 7545(B)(i) permits small refineries to apply for hardship 'extensions' at 'any time' even if their exemptions had lapsed. |
statutory_interpretation |
|
N. Gorsuch | Jun. 28, 2021 |
|
20-297
|
TransUnion LLC v. Ramirez
Because mere existence of inaccurate information, absent dissemination, traditionally has not provided basis for lawsuit, class members' whose credit reports were not distributed to third parties did not suffer concrete harm. |
Constitutional Law |
|
B. Kavanaugh | Jun. 28, 2021 |
|
19-72893
|
Zamorano v. Garland
Because there was no indication that immigration judge considered any favorable factors in making its discretionary voluntary departure determination, case was remanded. |
Immigration |
|
S. Ikuta | Jun. 28, 2021 |
|
20-15564
|
In re Volkswagen Litigation
Because plaintiff alleged both omissions and affirmative misrepresentations its case was pushed outside 'Affiliated Ute Citizens of Utah v. United States' narrow reliance presumption. |
Securities |
|
M. Smith | Jun. 28, 2021 |
|
19-17048
|
Bank of New York Mellon v. 732 Hardy Way Trust
HOA foreclosure sale occurred in violation of automatic bankruptcy stay and was void; thus, bank should receive quiet title to property. |
Real Property |
|
L. VanDyke | Jun. 28, 2021 |
|
A156044
|
Modification: People v. Tousant
Defendant's motion to suppress evidence from warrantless search of his vehicle was properly denied because vehicle was in close proximity to shooting, parked in haphazard way, and residents did not recognize it. |
Criminal Law and Procedure |
|
T. Stewart | Jun. 28, 2021 |
|
D076559
|
People v. Huynh
Trial court prejudicially erred in allowing admission of evidence and argument that defendant was in criminal street gang when evidence showed that so-called gang was just group of men who gathered to socialize. |
Criminal Law and Procedure |
|
P. Benke | Jun. 25, 2021 |
|
C091339
|
People v. El
Trial court erroneously believed it did not have discretion to impose any sentence other than maximum six-month term under Vehicle Code Section 14601.1 when defendant refused probation. |
Criminal Law and Procedure |
|
V. Raye | Jun. 25, 2021 |
|
D078566
|
Mendoza v. Superior Court (People)
Resentencing hearing did not constitute 'new trial' for purposes of Code of Civil Procedure Section 170.6's 60-day deadline for peremptory challenge. |
Civil Procedure |
|
J. Haller | Jun. 25, 2021 |
|
20-55426
|
EHM Productions v. Starline Tours
Arbitrators did not exhibit evident partiality by failing to disclose JAMS's prior dealings with party or its counsel. |
Arbitration |
|
L. VanDyke | Jun. 25, 2021 |
|
B307235
|
Modification: Brighton Collectibles, LLC v. Hockey
Trial court's order granting plaintiff's anti-SLAPP motion to strike defendant's cross-claim for fraud was vacated because defendant showed probability of prevailing on that claim. |
Anti-SLAPP |
|
M. Tangeman | Jun. 25, 2021 |
|
A161369
|
Corona v. Superior Court (People)
Petitioner was entitled to have his first degree burglary charge set aside under Penal Code Section 995(a)(2)(B) because he entered uninhabited detached garage. |
Criminal Law and Procedure |
|
G. Burns | Jun. 24, 2021 |