| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
15-72406
|
Lopez v. Barr
Order |
|
Jan. 24, 2020 | ||
|
E070556
|
People v. Yanez
Admitting expert gang testimony directly relevant to motive is not an abuse of discretion unless its probative value is outweighed by the risk of prejudice. |
Criminal Law and Procedure |
|
R. Fields | Jan. 23, 2020 |
|
F076389
|
Nolte Sheet Metal v. Occupational Safety and Health Appeals Bd.
Trial court properly used substantial evidence standard to deny writ of administrative mandate challenging ALJ's affirmation of Cal/OSHA citations. |
Administrative Agencies |
|
J. Detjen | Jan. 23, 2020 |
|
B290755
|
Gamerberg v. 3000 E. 11th Street, LLC
An irrevocable license is not binding on a subsequent purchaser of land who takes without notice. |
Real Property |
|
D. Perluss | Jan. 23, 2020 |
|
G057291
|
People v. Robins
Even if every attempted *Estes* robbery is necessarily a completed crime, the crime of attempt still exists and may be punished under Penal Code Section 663. |
Criminal Law and Procedure |
|
R. Ikola | Jan. 23, 2020 |
|
G056247
|
In re Duval
Petitioner's relief granted in habeas corpus petition because state failed to respond to mandated show cause order, insisting 'a return was moot.' |
Criminal Law and Procedure |
|
D. Thompson | Jan. 23, 2020 |
|
18-35938
|
Roberts v. City of Fairbanks
Vacatur-by-settlement does not categorically bar malicious prosecution claims under 42 U.S.C. Section 1983; the trial court's settlement approval and subsequent formal vacatur order may functionally invalidate the underlying conviction. |
Civil Rights |
|
R. Tallman | Jan. 23, 2020 |
|
19-307
|
McKeever v. Barr
Order |
|
Jan. 22, 2020 | ||
|
19-368
|
Ford Motor Co. v. Montana Eighth District Court
Order |
|
Jan. 22, 2020 | ||
|
19-369
|
Ford Motor Co. v. Bandemer
Order |
|
Jan. 22, 2020 | ||
|
19-431
|
Little Sisters of the Poor v. Commonwealth of Pennsylvania
Order |
|
Jan. 22, 2020 | ||
|
19-454
|
Trump v. Commonwealth of Pennsylvania
Order |
|
Jan. 22, 2020 | ||
|
19-465
|
Chiafalo v. State of Washington
Order |
|
Jan. 22, 2020 | ||
|
19-518
|
Colorado Dept. of State v. Baca
Order |
|
Jan. 22, 2020 | ||
|
B293965
|
People v. Romero
A defendant is not relieved from liability for inflicting mayhem merely because the injury can be improved by medical intervention. |
Criminal Law and Procedure |
|
J. Ashmann-Gerst | Jan. 22, 2020 |
|
B290632
|
Amezcua v. L.A. County Civil Service Com.
Employee who was terminated during his extended probation was not entitled to administrative hearing before Civil Service Commission under Civil Service Rule 18.03 because he was not a permanent employee. |
Administrative Agencies |
|
D. Kim | Jan. 22, 2020 |
|
17-17257
|
Cook v. Kernan
Anti-Terrorism and Effective Death Penalty Act's procedural deference to state court fact-finding barred federal habeas petitioner's newly developed claim that his confession was coerced because interrogating officer pointed gun at petitioner's head. |
Criminal Law and Procedure |
|
C. Callahan | Jan. 22, 2020 |
|
B284989
|
Techno Lite v. EMCOD LLC
Business and Professions Code Section 16600 invalidates any employment agreement that unreasonably interferes with employee's ability to compete with employer 'after' employment ends; thus appellants' promise not to compete was valid. |
Business Law |
|
N. Manella | Jan. 22, 2020 |
|
18-35792
|
L.F. v. Lake Washington School District
School District's 'Communication Plan' limiting communications between school employees and parents did not violate First Amendment because plan only restricted District's responses and not parents' speech. |
Constitutional Law |
|
G. Presnell | Jan. 21, 2020 |
|
15-10586
|
U.S. v. Soto-Barraza
'Dual criminality' requirement of Mexican extradition treaty does not require crimes to be identical if the criminalized acts are essentially the same and the countries' laws are substantially analogous. |
Criminal Law and Procedure |
|
S. Ikuta | Jan. 21, 2020 |
|
18-35072
|
Tovar v. Zuchowski
USCIS's interpretation of 'accompanying, or following to join' in 8 U.S.C. Section 1101(a)(15)(U)(ii) is afforded Chevron deference; a derivative U-visa petition may be denied when spouses marry after initial filing. |
Immigration |
|
N. Smith | Jan. 21, 2020 |
|
18-36082
|
Juliana v. U.S.
Plaintiffs' claim that United States government violated their right to an environment capable of sustaining human life was non-justiciable for lack of Article III standing. |
Constitutional Law |
|
A. Hurwitz | Jan. 21, 2020 |
|
16-55977
|
Courthouse News Service v. Planet
While press has a constitutionally qualified right to timely access newly filed civil complaints in court, it must be balanced and not impair court's interest in fair and orderly administration of justice. |
Constitutional Law |
|
K. Wardlaw | Jan. 21, 2020 |
|
B296613
|
People v. Villatoro
Trial court may not initiate, nor can a district attorney implicitly concur with a trial court's initiation of infraction proceedings. |
Criminal Law and Procedure |
|
Jan. 21, 2020 | |
|
S258912
|
Lopez (Rico Ricardo) on H.C.
Order |
|
Jan. 17, 2020 | ||
|
E055062
|
Modification: People v. Windfield
Defendants' right to confrontation not violated when missing witness's previously recorded testimony is played at murder trial because state exercised due diligence. |
Criminal Law and Procedure |
|
M. Ramirez | Jan. 17, 2020 |
|
18-36005
|
Heimrich v. U.S. Dept. of the Army
Under 5 U.S.C. Section 7121, an employee may raise a 'matter' involving discrimination either through a statutory procedure or CBA procedure, but not both. |
Civil Procedure |
|
R. Gilman | Jan. 17, 2020 |
|
17-35616
|
Bearchild v. Cobban
Prison guards' 'need to use force' during patdown search should not be considered because inmates subjected to sexual assault during search alone violates 8th Amendment. |
Criminal Law and Procedure |
|
M. Christen | Jan. 17, 2020 |
|
S235903
|
United Educators of San Francisco v. California Unemployment Insurance Appeals Bd.
A school district's summer session is considered an academic term if its enrollment, staffing, and instruction resemble the district's other academic terms; non-summer-retained employees are thus eligible for unemployment benefits. |
Employment Law |
|
G. Liu | Jan. 17, 2020 |
|
D074473
|
People v. Humphrey
A trial court can correct an abstract of judgment for clerical errors post-conviction; such a correction does not 'recall' the original sentence and the underlying conviction remains final. |
Criminal Law and Procedure |
|
R. Huffman | Jan. 17, 2020 |