| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
17-1712
|
Thole v. U. S. Bank N. A.
Participants in defined-benefit retirement plan lacked standing under Employee Retirement Income Security Act because they did not have concrete stake in lawsuit. |
Constitutional Law |
|
B. Kavanaugh | Jun. 2, 2020 |
|
18-6943
|
Banister v. Davis
Habeas courts must entertain Rule 59(e) motions as attendant to initial habeas application, rather than dismiss them as successive. |
Criminal Law and Procedure |
|
E. Kagan | Jun. 2, 2020 |
|
18-1334
|
Financial Oversight and Management Bd. for Puerto Rico v. Aurelius Investment, LLC
Financial Oversight and Management Board members' selection was not subject to constraints of Appointments Clause because members had primarily local duties. |
Constitutional Law |
|
S. Breyer | Jun. 2, 2020 |
|
18-1048
|
GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC
Nothing in text of Convention on the Recognition and Enforcement of Foreign Arbitral Awards conflicted with application of domestic law. |
statutory_interpretation |
|
C. Thomas | Jun. 2, 2020 |
|
A155459
|
People v. Best
Defendant's lack of knowledge of criminal law and courtroom procedure was not a basis to deny the right to self-representation. |
Criminal Law and Procedure |
|
A. Tucher | Jun. 2, 2020 |
|
F076252
|
Modification: People v. Son
Imposing court assessments without first giving defendant opportunity to request ability to pay hearing is unconstitutional. |
Criminal Law and Procedure |
|
M. Smith | Jun. 2, 2020 |
|
18-60059
|
In re Richard R. Lane
Bankruptcy court could not void lien when claim relating to lien was disallowed because creditor who filed proof of claim did not prove that it was entitled to enforce debt. |
Bankruptcy |
|
L. Adelman | Jun. 2, 2020 |
|
A157186
|
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. 1, 2020 |
|
B293030
|
People v. Lima
Although prosecutor improperly argued facts not in evidence during closing argument, misconduct was harmless in light of evidence. |
Criminal Law and Procedure |
|
D. Kim | Jun. 1, 2020 |
|
F076252
|
People v. Son
Imposing court assessments without first giving defendant opportunity to request ability to pay hearing is unconstitutional. |
Criminal Law and Procedure |
|
M. Smith | Jun. 1, 2020 |
|
S244737
|
Modification: Montrose Chemical Corp. of California v. Superior Court (Canadian Universal Insurance Co.)
Insured was entitled to access otherwise available coverage under any excess policy once it exhausted directly underlying excess policies for same policy period. |
Insurance |
|
L. Kruger | Jun. 1, 2020 |
|
B293545
|
In re B.J.
Juvenile erroneously committed to Division of Juvenile Justice based on his last adjudicated offense of resisting a peace officer. |
Juveniles |
|
M. Tangeman | Jun. 1, 2020 |
|
A151004
|
Valero Refining Co. v. Bay Area Air Quality
Hearing board applied correct standard of review in determining whether agency official's interpretation of regulation was correct because it was not empowered to evaluate its fairness. |
Environmental Law |
|
T. Stewart | Jun. 1, 2020 |
|
B290675
|
Boermeester v. Carry
Fair procedure requires universities allow students in disciplinary sexual misconduct proceedings to cross-examine critical witnesses where credibility is an issue. |
Civil Procedure |
|
T. Bigelow | Jun. 1, 2020 |
|
A156925
|
Eloquence Corp. v. Home Consignment Center
Claims based on breaching divisible contracts must be brought within the applicable limitations period after that particular performance was due. |
Civil Procedure |
|
C. Fujisaki | Jun. 1, 2020 |
|
G057335
|
Hester v. Public Storage
Null and void clauses were valid because they were not precluded by statutes governing self-storage auction sales and plaintiff was not under duress. |
Contracts |
|
E. Moore | Jun. 1, 2020 |
|
18-56253
|
Unicolors v. H&M Hennes & Mauritz
Plaintiff's copyright registration application contained inaccuracies that it knew were inaccurate; thus, district court was required to request Register of Copyrights to advise. |
Copyright |
|
C. Bea | Jun. 1, 2020 |
|
G058172
|
People v. Prado
Legislature did not violate constitutional limitation in amending Penal Code Sections 188-89 when it passed Senate Bill 1437 because such sections are not initiative statutes. |
statutory_interpretation |
|
E. Moore | May 29, 2020 |
|
H044064
|
Sharufa v. Festival Fun Parks, LLC
Record did not contain enough evidence to show whether waterslide theme park patrons received service or were supplied product to address product liability claim. |
Torts |
|
A. Grover | May 29, 2020 |
|
A156562
|
Insalaco v. Hope Lutheran Church
Continuance of summary judgment hearing was virtually mandated because plaintiff provided declaration requesting specific discovery showing essential evidence may exist. |
Torts |
|
M. Miller | May 29, 2020 |
|
C080711
|
City of Chula Vista v. Sandoval
Passthrough payments have primacy under Health and Safety Code Section 34188 over residual Assembly Bill 8 pro rata shares. |
statutory_interpretation |
|
V. Raye | May 29, 2020 |
|
H046562
|
County of Santa Clara v. Workers' Comp. Appeals Bd.
Permanent disability should have been apportioned between industrial and nonindustrial causes because of respondent's preexisting pathology. |
Workers' Compensation |
|
N. Mihara | May 29, 2020 |
|
S086234
|
People v. Miles
Officer summarizing suspect descriptions as similar or possibly matching in affidavit were not intentionally made false statements to obtain warrant. |
Criminal Law and Procedure |
|
J. Groban | May 29, 2020 |
|
S252445
|
National Lawyers Guild v. City of Hayward
City could not charge plaintiff for time spent deleting exempt data from video because that did not constitute data 'extraction' under California Public Records Act Section 6253.9(b)(2). |
statutory_interpretation |
|
L. Kruger | May 29, 2020 |
|
E071287
|
Mosley v. Pacific Specialty Insurance Co.
An insured increases a hazard within its control only if the insured is aware of the hazard or it is reasonably discoverable. |
Contracts |
|
C. Codrington | May 28, 2020 |
|
B300065
|
In re Samantha H.
It is not required in adoption proceedings to inquire whether a willing adoptive parent was first advised but rejected guardianship. |
Dependency |
|
M. Stratton | May 28, 2020 |
|
E073871
|
In re Smith
'McCoy v. Louisiana' did not apply because defendant did not make an express intent to maintain innocence when counsel informed him about his defense strategy. |
Criminal Law and Procedure |
|
M. Ramirez | May 28, 2020 |
|
F076580
|
People v. Machuca
Conviction for driving under the influence causing bodily injury was not lesser included offense of gross vehicular manslaughter because offenses involved different victims. |
Criminal Law and Procedure |
|
J. Detjen | May 28, 2020 |
|
A157433
|
Dorit v. Noe
MFAA proceedings qualify as 'official proceedings' and therefore cannot support malicious prosecution claim under anti-SLAPP statute. |
Anti-SLAPP |
|
T. Brown | May 28, 2020 |
|
A155689
|
People v. Smith
Revocation of a Sexually Violent Predator's conditional release is indicative of public safety risks thus rendering him ineligible for unconditional discharge. |
statutory_interpretation |
|
M. Simons | May 28, 2020 |