| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
16-35304
|
Blixseth v. Credit Suisse
Exculpation clause was valid because it covered only liabilities arising from the bankruptcy proceedings and not the discharged debt. |
Bankruptcy |
|
M. Berzon | Jun. 12, 2020 |
|
18-17270
|
Fast Trak Investment v. Sax
Order |
|
Jun. 12, 2020 | ||
|
F076908
|
Modification: People v. Sanchez
Jury verdict of not guilty of murder did not preclude, on collateral estoppel grounds, second trial on assault on child causing death. |
Criminal Law and Procedure |
|
J. Detjen | Jun. 12, 2020 |
|
A157186
|
Modification: People v. Duarte-Lara
'People v. Mayberry' instructions are not warranted unless defendant's mistake of consent was subjectively and objectively reasonable under circumstances. |
Criminal Law and Procedure |
|
I. Petrou | Jun. 11, 2020 |
|
H047068
|
Modification: Willow Glen Trestle Conservancy v. City of San Jose
City's actions in connection with Streambed Alteration Agreement could not be construed as 'approval of project' requiring further environmental review under CEQA. |
Environmental Law |
|
N. Mihara | Jun. 11, 2020 |
|
B293564
|
Trejo v. County of Los Angeles
Plain language of County's Civil Service Rules did not authorize Sheriff's Department's practice of extending probation by re-assigning deputies under investigation to administrative duty. |
statutory_interpretation |
|
E. White | Jun. 11, 2020 |
|
A160151
|
Stanley v. Superior Court (People)
Health quarantines to prevent spread of infectious diseases have long been recognized as good cause for continuing trial dates. |
Criminal Law and Procedure |
|
S. Pollak | Jun. 11, 2020 |
|
A157301
|
Spikener v. Ally Financial, Inc.
Under Holder Rule, debtor's recovery, including any attorney fees based on Holder Rule claim, cannot exceed amount debtor paid under the contract. |
Consumer Law |
|
M. Simons | Jun. 11, 2020 |
|
D075280
|
People v. Tran
Expert's videos were analogous to charts and were used to help others understand surveillance footage; thus, videos were not subject to 'Kelly-Frye' test. |
Evidence |
|
R. Huffman | Jun. 11, 2020 |
|
18-56322
|
Nguyen v. Endologix, Inc.
Under Private Securities Litigation Reform Act's 'strong inference' standard, scienter cannot be established through implausible allegations. |
Securities |
|
D. Bress | Jun. 11, 2020 |
|
18-15840
|
Pacific Coast Horseshoeing School v. Kirchmeyer
California's Private Postsecondary Education Act read in its entirety burdened plaintiffs' rights under the First Amendment. |
Civil Rights |
|
J. Bybee | Jun. 11, 2020 |
|
19-60023
|
In re Lenore L. Albert-Sheridan
Discovery sanctions were dischargeable debt because they were not payable to and for the benefit of governmental unit and were compensation for pecuniary losses. |
Bankruptcy |
|
P. Bumatay | Jun. 11, 2020 |
|
B295921
|
People v. Rosas
Probation exception for warrantless searches is inapplicable if police are unaware of probation search condition at the time. |
Criminal Law and Procedure |
|
S. Perren | Jun. 10, 2020 |
|
E072412
|
People v. Johns
Senate Bill 1437 addressed distinct areas of the law, which left Proposition 7 and Proposition 115 in the power of the Legislature to amend. |
statutory_interpretation |
|
M. Slough | Jun. 10, 2020 |
|
E072663
|
North Murrieta Community, LLC v. City of Murrieta
City had authority to impose generally applicable mitigation fees because plaintiff agreed to modify its rights under vesting tentative map. |
Contracts |
|
M. Raphael | Jun. 10, 2020 |
|
D076384
|
People v. Whalum
Possessing unauthorized cannabis in prison in violation of Penal Code Section 4573.8 was not affected by Proposition 64's legalization of possession of 28.5 grams of cannabis. |
Criminal Law and Procedure |
|
J. Irion | Jun. 10, 2020 |
|
B295924
|
People v. Jessup
Attaching gang enhancement to marijuana-related felony conviction does not render that conviction ineligible for Proposition 64 redesignation. |
statutory_interpretation |
|
M. Tangeman | Jun. 10, 2020 |
|
G056178
|
DeHoyos v. Superior Court (People)
Trial court impermissibly refused to allow contact with jurors who agreed to speak to defendant's representatives in the past. |
Civil Procedure |
|
T. Goethals | Jun. 10, 2020 |
|
A155691
|
Fadeeff v. State Farm General Insurance Co.
Under 'genuine dispute' rule, in context of bad faith claims, summary judgment is only appropriate where basis for insurer's denial is indisputably reasonable. |
Civil Procedure |
|
M. Miller | Jun. 10, 2020 |
|
A156226
|
Williams v. U.S. Bancorp Investments, Inc.
Collateral estoppel does not bar absent member in putative class that was initially certified, but later decertified, from subsequently pursuing identical class action. |
Civil Procedure |
|
A. Tucher | Jun. 10, 2020 |
|
18-8369
|
Lomax v. Ortiz-Marquez
Prison Litigation Reform Act prohibits in forma pauperis litigation for prisoners with prior suits dismissed on specific grounds, with or without prejudice. |
statutory_interpretation |
|
E. Kagan | Jun. 9, 2020 |
|
19-5267
|
St. Hubert v. United States
Order |
|
Jun. 9, 2020 | ||
|
19-623
|
Shrinivas Sugandhalaya v. Setty
Order |
|
Jun. 9, 2020 | ||
|
19-5990
|
Vogel v. U.S.
Order |
|
Jun. 9, 2020 | ||
|
19-863
|
Niz-Chavez v. Barr
Order |
|
Jun. 9, 2020 | ||
|
E072173
|
People v. Bettasso
Vehicular manslaughter requires proof of elements not necessary to offense of murder; thus vehicular manslaughter is not lesser included offense of murder. |
Criminal Law and Procedure |
|
F. Menetrez | Jun. 9, 2020 |
|
C089997
|
In re M.W.
Indian Child Welfare Act notice was not required because there was no reason to know the minor was an Indian child. |
Native American Affairs |
|
J. Renner | Jun. 9, 2020 |
|
A154960
|
People ex rel. Gascon v. HomeAdvisor, Inc.
Commercial speech that is inherently likely to deceive may be regulated because there is no First Amendment interest at stake. |
Constitutional Law |
|
B. Jones | Jun. 9, 2020 |
|
A158376
|
In re Haden
'People v. Gallardo' does not apply retroactively to convictions that were final when 'Gallardo' was decided. |
Criminal Law and Procedure |
|
S. Pollak | Jun. 9, 2020 |
|
13-74391
|
Tejeda v. Barr
Petitioner's plea agreement, charging document, and minute order were cognizable for modified categorical-approach purposes and established elements of his offense. |
Immigration |
|
P. Curiam (9th Cir.) | Jun. 9, 2020 |