| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A155034
|
Church v. San Mateo County Assessment Appeals Bd.
Trial court erroneously rejected appeals board's determination that additional costs identified by county assessor should not have been included in assessing value of appellant's property for purposes of property tax. |
Tax |
|
S. Pollak | Jul. 20, 2020 |
|
H045126
|
Aixtron, Inc. v. Veeco Instruments Inc.
Arbitrator's pre-hearing discovery subpoena for non-party's business records and computers was not authorized under Federal Arbitration Act, California Arbitration Act or JAMS Rules. |
Arbitration |
|
M. Greenwood | Jul. 20, 2020 |
|
E072188
|
People v. Financial Casualty & Surety, Inc.
Failure to hold evidentiary hearing in compliance with Penal Code Section 1166 does not exonerate bond by operation of law. |
Criminal Law and Procedure |
|
R. Fields | Jul. 20, 2020 |
|
A157921
|
Altizer v. Highsmith
Renewing judgment using judicial council forms does not constitute unauthorized practice of law. |
Civil Procedure |
|
J. Richman | Jul. 20, 2020 |
|
S262530
|
Legislature of the State of California v. Padilla
Courts may inherently reform statutory deadlines to effectuate Legislature's intent in lieu of nullification where compliance is impossible. |
Government |
|
L. Kruger | Jul. 20, 2020 |
|
16-10213
|
United States v. Luong
U.S. Sentencing Guidelines provides that defendant may admit factual guilt but go to trial to challenge applicability of statute to his conduct. |
Criminal Law and Procedure |
|
W. Smith | Jul. 20, 2020 |
|
18-50170
|
United States v. Obagi
Despite trial court's efforts to craft proper remedy, failure to disclose cooperating witness's immunity deal undermined confidence in jury's verdict and prejudiced defendants. |
Criminal Law and Procedure |
|
J. Owens | Jul. 20, 2020 |
|
F077033
|
Gerawan Farming, Inc. v. Agricultural Labor Relations Bd.
Good faith bargaining duty extends, at minimum, to negotiation sessions held outside mediator's presence during Mandatory Mediation and Conciliation process. |
Labor Law |
|
T. DeSantos | Jul. 17, 2020 |
|
A156360
|
People v. Arias
Defendant's claim was reviewable on appeal because an appeal may be taken from a sentence imposed under the resentencing provisions of Penal Code Section 1170(d)(1) without need for a certificate of probable cause. |
Criminal Law and Procedure |
|
G. Sanchez | Jul. 17, 2020 |
|
S248141
|
Weiss v. People ex rel. Dept. of Transportation
Special statutory procedures that govern public entity's exercise of power of eminent domain are inapplicable in inverse condemnation actions, which instead proceed by rules governing ordinary civil actions. |
Civil Procedure |
|
J. Groban | Jul. 17, 2020 |
|
19-16130
|
Farrell v. Boeing Employees Credit Union
Appellant's federal wages were properly garnished under California garnishment order because it was properly served on appellant's employer and appellant remained employee when appellant moved in between states. |
Consumer Law |
|
A. Hurwitz | Jul. 17, 2020 |
|
D076158
|
In re Raymundo M.
Defendant committed assault even though he raised knife from 21 feet away because defendant would have been in striking distance if the victim hadn't escaped. |
Juveniles |
|
J. Haller | Jul. 16, 2020 |
|
B291377
|
Mattei v. Corporate Management Solutions
Trial court erred in granting summary judgment to defendant because defendant failed to demonstrate it was not an employer within meaning of Industrial Welfare Commission Wage Order No. 12-2001. |
Labor Law |
|
D. Perluss | Jul. 16, 2020 |
|
C088817
|
Smith v. Superior Court
Delegating judicial duties to a pro per coordinator undermines judicial authority in violation of the separation of powers doctrine. |
Constitutional Law |
|
R. Robie | Jul. 16, 2020 |
|
B292390
|
Vasquez v. LBS Financial Credit Union
If abstract of judgment is improperly indexed and thus not locatable by proper search, mere recordation is insufficient to charge subsequent purchaser with notice. |
Real Property |
|
G. Feuer | Jul. 16, 2020 |
|
18-70306
|
Sky-Med v. FAA
Because Federal Aviation Administration ultimately pursued penalties through single Complaint seeking more than $50,000, the only tribunal with jurisdiction to adjudicate Complaint was federal district court. |
Civil Procedure |
|
P. Curiam (9th Cir.) | Jul. 16, 2020 |
|
A155630
|
People v. Bowen
Police officer's request to ping defendant's cell phone to find his location without warrant did not violate Fourth Amendment because exigent circumstances existed. |
Criminal Law and Procedure |
|
T. Jackson | Jul. 16, 2020 |
|
A151428
|
SantaFe Braun v. Ins. Co. of North America
Trial court erred in interpreting the policies to require horizontal exhaustion of all primary and underlying excess insurance coverage before accessing coverage under the excess policies. |
Insurance |
|
S. Pollak | Jul. 15, 2020 |
|
A155688
|
People v. Collom
Meeting a minor for lewd purposes under Penal Code Section 313.1 is violated only where harmful matter has been distributed to minor, not adult posing as one. |
statutory_interpretation |
|
P. Siggins | Jul. 15, 2020 |
|
G057045
|
People v. Hishmeh
Trial court errs if it instructs jury 'not to consider' lesser included offenses until jury acquits defendant of greater offense. |
Criminal Law and Procedure |
|
R. Fybel | Jul. 15, 2020 |
|
D076101
|
People v. Gomez
Petition under Penal Code Section 1170.95 unsupported by the record of conviction may be summarily denied without a hearing. |
Criminal Law and Procedure |
|
T. O'Rourke | Jul. 15, 2020 |
|
20A8
|
Barr v. Lee
Order |
|
P. Curiam (USSC) | Jul. 15, 2020 | |
|
20-55281
|
Greene v. Harley-Davidson
Defendant satisfies CAFA's amount-in-controversy requirement if it is reasonably possible that it may be liable for proffered punitive damages amount. |
Civil Procedure |
|
G. Presnell | Jul. 15, 2020 |
|
18-35846
|
Schmitt v. Kaiser Found. Health Plan
Appellants failed to state plausible proxy discrimination claim against their health insurance in violation of Patient Protection and Affordable Care Act. |
Disability Discrimination |
|
J. Nguyen | Jul. 15, 2020 |
|
C092070
|
Newsom v. Superior Court (Gallagher)
Successful ex partes require a party to make a substantive showing of personal knowledge of imminent harm requiring immediate action. |
Civil Procedure |
|
V. Raye | Jul. 14, 2020 |
|
A153824
|
Saw v. Avago Technologies Limited
Appellant's breach of contract claim failed under express terms of shareholders agreement governed by Singapore law. |
Contracts |
|
G. Sanchez | Jul. 14, 2020 |
|
F078541
|
Talley v. County of Fresno
An individual cannot be deemed an employee within meaning of Fair Employment and Housing Act absent existence of remuneration. |
statutory_interpretation |
|
K. Meehan | Jul. 14, 2020 |
|
18-17308
|
City & County of San Francisco v. Barr
District court abused its discretion in granting nationwide injunctive relief barring Department of Justice from using three new conditions as funding requirements for Edward Byrne Memorial Justice Assistance Grants. |
Civil Procedure |
|
R. Clifton | Jul. 14, 2020 |
|
S101247
|
People v. Vargas
Ample evidence showed that defendant actively participated in gang, was aware that its members engaged in criminal gang activity and promoted felonious conduct of its members. |
Criminal Law and Procedure |
|
M. Cuéllar | Jul. 14, 2020 |
|
C087347
|
Modification: People v. Bradley
Belated assertion of right to a speedy trial is entitled to less weight than prompt assertion of such right. |
Criminal Law and Procedure |
|
R. Robie | Jul. 14, 2020 |