| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
18-1454
|
Londono-Gonzalez v. Barr
Order |
|
Mar. 31, 2020 | ||
|
19-546
|
Brownback v. King
Order |
|
Mar. 31, 2020 | ||
|
B295293
|
Curcio v. Pels
Appellant's Facebook post, expressing opinions of appellee, did not rise to disturbing someone's peace under Domestic Violence Prevention Act to justify issued restraining order. |
Family Law |
|
A. Egerton | Mar. 31, 2020 |
|
A156253
|
People v. Cowan
Sentencing court must allow defendants facing imposition of minimum restitution fine or assessments to present evidence and argument why these financial exactions exceed his ability to pay. |
Criminal Law and Procedure |
|
J. Streeter | Mar. 31, 2020 |
|
A154986
|
Zolly v. City of Oakland
Franchise fee may constitute a tax subject to article XIII C to the extent it is not reasonably related to the value received from the government. |
Constitutional Law |
|
S. Margulies | Mar. 31, 2020 |
|
C087224
|
Dougherty v. Roseville Heritage Partners
Trial court properly found arbitration agreement between parties was both procedurally and substantively unconscionable. |
Arbitration |
|
P. Krause | Mar. 31, 2020 |
|
D075110
|
Marriage of Everard
Mutual protective order properly granted because sufficient evidence proved history of physical violence. |
Family Law |
|
P. Benke | Mar. 31, 2020 |
|
18-16140
|
Lewis v. Liberty Mutual Insurance Co.
The provisions of the insurance contract that bind the insured will also bind a third-party judgment creditor. |
Civil Procedure |
|
J. Bybee | Mar. 31, 2020 |
|
19-71246
|
Colbert v. Haynes
Removal of victim-restitution condition from sentencing judgment did not create new, intervening judgment; thus, habeas petition was a second or successive petition. |
Criminal Law and Procedure |
|
D. Forrest | Mar. 31, 2020 |
|
19-1224
|
In re: Jesslyn Renee Anderson
For purposes of homestead exemption, debtor's intent to continue to reside in residence was not required if she occupied property as of petition date. |
Bankruptcy |
|
W. Lafferty | Mar. 30, 2020 |
|
19-1173
|
In re: Leiann Toni Fountain
Chapter 13 bankruptcy case properly dismissed after Debtor originally filed unsecured claims exceeding limits of Bankruptcy Code Section 109(e). |
Bankruptcy |
|
S. Gan | Mar. 30, 2020 |
|
19-1177
|
In re: Javier Jimenez
Appellee had not shown that evidence of a scheme existed to warrant relief under 11 U.S.C. Section 362(d)(4). |
Bankruptcy |
|
L. Taylor | Mar. 30, 2020 |
|
B296179
|
People v. Torres
Trial court erred in ruling defendant was ineligible for relief under SB 1437 on basis of jury's robbery murder special circumstances true findings. |
Criminal Law and Procedure |
|
C. Moor | Mar. 30, 2020 |
|
A155624
|
People v. Wilkes
Differential treatment of youth offenders sentenced pursuant to Three Strikes Law for purposes of youth offender parole hearings does not violate equal protection. |
Criminal Law and Procedure |
|
M. Simons | Mar. 30, 2020 |
|
A155648
|
People v. Medeiros
Penal Code Section 12022.6. does not permit repealing enhancements; rather it permits review of the amount of loss, as part of enhancement. |
statutory_interpretation |
|
S. Margulies | Mar. 30, 2020 |
|
19-35565
|
Padilla v. Immigration and Customs Enforcement
Noncitizens who were detained after entering United States were likely to prevail on their due process claim. |
Immigration |
|
S. Thomas | Mar. 30, 2020 |
|
17-15603
|
May v. Ryan
Petitioner's lawyer did not render ineffective assistance by failing to object to resumption of jury deliberations after trial court declared mistrial. |
Prisoners' Rights |
|
M. Friedland | Mar. 30, 2020 |
|
10-99004
|
Berryman v. Wong
Reasonable jurists could conclude that admission of further mitigating evidence would not have led to reasonable probability of different sentence. |
Criminal Law and Procedure |
|
P. Curiam | Mar. 30, 2020 |
|
E072671
|
In re C.P.
Absolute statutory bar to placement of child in grandparents' custody would be unconstitutional as to them if they establish on remand that they have parental relationship. |
Dependency |
|
M. Raphael | Mar. 30, 2020 |
|
B296295
|
J.M. v. W.T.
Trial court abused its discretion in denying plaintiff's request for continuance due to spinal surgery; thus, denial of protective order was reversed. |
Family Law |
|
D. Kim | Mar. 27, 2020 |
|
S249495
|
People v. Orozco
Proposition 47's amendment to general statute that criminalizes receipt of stolen property does not extend to convictions for receiving stolen vehicle. |
Criminal Law and Procedure |
|
G. Liu | Mar. 27, 2020 |
|
B294888
|
People v. Wang
Heat of passion jury instruction that was erroneously omitted from murder trial was harmless error due to jury's premeditation finding. |
Criminal Law and Procedure |
|
E. Lui | Mar. 26, 2020 |
|
D076517
|
In re D.S.
Juvenile court's finding that ICWA did not apply was proper because Agency's further inquiry and due diligence was 'proper and adequate.' |
Dependency |
|
P. Guerrero | Mar. 26, 2020 |
|
B295738
|
Spencer v. Mowat
Tortious acts appellants were alleged to have conspired in did not involve protected speech or petitioning activity. |
Anti-SLAPP |
|
L. Rubin | Mar. 26, 2020 |
|
B290836
|
Reynaud v. Technicolor Creative Services USA
Jury could conclude if not for defendant's negligence, PERM application filed for plaintiff would probably have been approved and he would have obtained green card. |
Torts |
|
J. Ashmann-Gerst | Mar. 26, 2020 |
|
B284452
|
Lopez v. Ledesma
Agency relationship with supervising physician defines scope of physician assistant's license, for purposes of Civil Code Section 3333.2's damages limitation. |
Remedies |
|
E. Lui | Mar. 26, 2020 |
|
19-55213
|
Milam v. Harrington
District court erred by refusing to consider petitioner's mental impairment as cause of untimely filing of habeas petition simply because he was represented by counsel. |
Prisoners' Rights |
|
A. Hurwitz | Mar. 26, 2020 |
|
18-17150
|
Redgrave v. Ducey
|
|
Mar. 26, 2020 | ||
|
F077656
|
Modification: King and Gardiner Farms, LLC v. County of Kern
Mitigation measure for project's significant impacts to water supplies inappropriately deferred formulation of the measures and thus violated California Environmental Quality Act. |
Environmental Law |
|
D. Franson | Mar. 25, 2020 |
|
D074935
|
Modification: People v. Cota
Requiring probationer to surrender electronic devices to search at any time was burdensome and intrusive; thus a correspondingly substantial and particularized justification was required. |
Criminal Law and Procedure |
|
C. Aaron | Mar. 25, 2020 |