| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B284566
|
Rall v. Tribune 365, LLC
Police investigation report published in newspaper privileged and protected against defamation suit since report was a fair and true report of a public issue. |
Anti-SLAPP |
|
E. Grimes | Dec. 20, 2019 |
|
C086345
|
Citizens for Positive Growth & Preservation v. City of Sacramento
A city's development plan facially comports with Government Code Section 65300.5 if it is internally consistent; challengers must bring an as-applied challenge when the city actually deviates from the plan. |
Government |
|
R. Robie | Dec. 20, 2019 |
|
A152330
|
PG&E "San Bruno Fire" Cases
A settlement agreement's single sentence waiver is sufficient to quash a subsequent appeal of an attorney fee allocation; challengers must object to the allocation before final approval. |
Civil Procedure |
|
I. Petrou | Dec. 20, 2019 |
|
S247266
|
California School Boards Association v. State of California
Legislature acted within its authority when it enacted two statutes directing use of previously nonmandate state funding to prospectively cover the costs of the existing mandates. |
Education |
|
G. Liu | Dec. 20, 2019 |
|
B287103
|
Safeway Wage and Hour Cases
A task does not become exempt merely because manager undertakes it in order to contribute to smooth functioning of store; trial courts must inform jury of limiting principles. |
Labor Law |
|
N. Manella | Dec. 20, 2019 |
|
E071224
|
Doe v. Dept. of Corrections and Rehabilitation
Employer not in violation of FEHA by failing to provide accommodations because employee failed to disclose known disability and limitations. |
Civil Procedure |
|
M. Slough | Dec. 20, 2019 |
|
19-267
|
Our Lady of Guadalupe School v. Morrissey-Berru
Order |
|
Dec. 19, 2019 | ||
|
19-348
|
St. James School v. Biel
Order |
|
Dec. 19, 2019 | ||
|
19-292
|
Torres v. Madrid
Order |
|
Dec. 19, 2019 | ||
|
19-357
|
Chicago, IL v. Fulton
Order |
|
Dec. 19, 2019 | ||
|
19-438
|
Pereida v. Barr
Order |
|
Dec. 19, 2019 | ||
|
A152442
|
Modification: Jackson v. LegalMatch.com
Under Business and Professions Code Section 6155, referral occurs when entity engages in act of directing or sending potential client to attorney; thus, LegalMatch engaged in referral activity. |
Attorneys |
|
T. Brown | Dec. 19, 2019 |
|
A151789
|
Modification: O&C Creditors Group, LLC v. Stephens & Stephens XII, LLC
California's Anti-SLAPP statute protects the dispersal of settlement funds pursuant to active litigation; a lienhold challenger must demonstrate a likelihood of success on the merits to overcome an Anti-SLAPP motion. |
Anti-SLAPP |
|
T. Brown | Dec. 19, 2019 |
|
A156407
|
Riley v. Alameda County Sheriff's Office
Sheriff's Office immune from liability for injuries arising from vehicular pursuit, because Sheriff had in place policy regarding such pursuits that included required training. |
Government |
|
M. Simons | Dec. 19, 2019 |
|
C087140
|
County of Yolo v. American Surety Co.
The court may eschew immediate bail forfeiture in favor of a reasonable continuance if it finds the defendant has a sufficient excuse for their non-appearance. |
Criminal Law and Procedure |
|
H. Hull | Dec. 19, 2019 |
|
B295959
|
People v. Zaldana
'One Strike Law' mandates defendant's previous unauthorized sentence be increased to five 25-years-to-life terms because of multiple underage victims. |
Criminal Law and Procedure |
|
T. Bigelow | Dec. 19, 2019 |
|
F076911
|
People v. Ramirez
A prosecutor's closing argument characterization of the defense theory as unreasonable is permissible; it does not suggest the jury need not find the defendant guilty beyond a reasonable doubt. |
Criminal Law and Procedure |
|
M. Snauffer | Dec. 19, 2019 |
|
C085433
|
McDermott Ranch v. Connolly Ranch
Trial court carefully evaluated trustworthiness of evidence, including evidence of declarant's stake in outcome of dispute; thus, hearsay statements under Evidence Code Section 1323 were admissible. |
Evidence |
|
P. Krause | Dec. 19, 2019 |
|
F077032
|
Visalia Unified School Dist. v. Superior Court (Tulare)
Education Code 44114 protects reporting employees from retaliation but Government Code 818 still prohibits punitive damage suit against public school district. |
Civil Procedure |
|
M. Snauffer | Dec. 19, 2019 |
|
A156489
|
In re William M.W.
Social Services Agency can meet its discovery obligations under California Rule of Court 5.546 by making all discoverable materials available for inspection and copying. |
Dependency |
|
G. Sanchez | Dec. 19, 2019 |
|
09-99027
|
Kayer v. Ryan
Order |
|
Dec. 19, 2019 | ||
|
18-35833
|
Stimpson v. Midland Credit Management
A debt collection letter need not notify the debtor that the debt is time-barred; passive notification that the debtor will not be sued satisfies the Fair Debt Collection Practices Act. |
Consumer Law |
|
S. Ikuta | Dec. 19, 2019 |
|
17-16299
|
Lima v. Educational Credit Management Corp.
Nonprofit guaranty agency, which operates as intermediary between student-loan lender and U.S., was exempt from definition of 'debt collector' and thus not subject to violations of Fair Debt Collection Practices Act. |
statutory_interpretation |
|
S. Graber | Dec. 19, 2019 |
|
18-35441
|
Muckleshoot Indian Tribe v. Tulalip Tribes
Matter properly dismissed where provision of original decision only allows for continuing jurisdiction as to determinations not already made. |
Native American Affairs |
|
J. Rakoff | Dec. 19, 2019 |
|
H046762
|
People v. Wetle
Incorrect jury instructions given at trial where reasonably jury would not have likely convicted the defendant had all elements of the crime been given correctly. |
Criminal Law and Procedure |
|
F. Elia | Dec. 18, 2019 |
|
D074347
|
Loeb v. County of San Diego
'Trail immunity' properly granted to County because injury occurred at County park being used for at least some recreational activity. |
Civil Procedure |
|
J. Haller | Dec. 18, 2019 |
|
C077711
|
People v. Warner
The relevant circumstances demonstrating intent to kill under 'kill zone' theory lead to conclusion that defendant intended to kill everyone in zone of harm to ensure target's death. |
Criminal Law and Procedure |
|
C. Blease | Dec. 18, 2019 |
|
A152827
|
Taniguchi v. Restoration Homes LLC
Civil Code Section 2953's anti-waiver rule prevents a lender from forcing a borrower to contract away their statutory right to cure a mortgage default under Section 2924c. |
Real Property |
|
M. Miller | Dec. 18, 2019 |
|
A154220
|
In re Anthony L.
Welfare and Institutions Code Section 625.6 is not subject to the exclusionary rule; a minor's statements are admissible despite the police not providing minor with counsel prior to questioning, as required by statute. |
Criminal Law and Procedure |
|
A. Tucher | Dec. 18, 2019 |
|
B287272
|
Modification: People v. Wilson
Senate Bill 1393 does not allow the trial court discretion to strike a prior serious felony enhancement from a negotiated plea agreement. |
Criminal Law and Procedure |
|
H. Dhanidina | Dec. 18, 2019 |