| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
F078241
|
People v. Howell
Senate Bill 1187 does not apply retroactively; defendants already committed to restore their competency to stand trial remain subject to a three-year maximum commitment, not the new two-year maximum commitment. |
Criminal Law and Procedure |
|
D. Franson | Dec. 11, 2019 |
|
H042712
|
City of Santa Maria v. Adam
Appellants' appeal of motion to clarify was not ripe because the issue would require speculation regarding hypothetical scenarios and appellants failed to show they faced hardship absent an immediate decision. |
Civil Procedure |
|
E. Premo | Dec. 11, 2019 |
|
19-5852
|
Cooper v. U.S.
Order |
|
Dec. 10, 2019 | ||
|
19A640
|
Trump v. Deutsche Bank
Order |
|
Dec. 10, 2019 | ||
|
19-5804
|
Lewis v. U.S.
Order |
|
Dec. 10, 2019 | ||
|
19-309
|
Carney v. Adams
Order |
|
Dec. 10, 2019 | ||
|
19A615
|
Barr v. Roane
Order |
|
Dec. 10, 2019 | ||
|
18-8341
|
Schexnayder v. Vannoy
Order |
|
Dec. 10, 2019 | ||
|
18-9261
|
Cottier v. U.S.
Order |
|
Dec. 10, 2019 | ||
|
A154448
|
Sturgell v. Dept. of Fish and Wildlife
A sale and transfer of Dungeness Crab Vessel permit approved by the Department of Fish and Wildlife rendered the appeal reinstating respondent's permit moot. |
Environmental Law |
|
J. Richman | Dec. 10, 2019 |
|
E072398
|
In re J.A.
Appeal dismissed due to appellant's failure to appeal within 60-day period after juvenile court issued dependency order and terminated dependency, despite juvenile court's failure to advise mother of her appellate rights. |
Civil Procedure |
|
M. Slough | Dec. 10, 2019 |
|
18-50251
|
U.S. v. Kimbrew
Sufficient evidence supported defendant's conviction for bribery of a public official and defendant's argument that no 'official act' existed failed. |
Criminal Law and Procedure |
|
J. Nguyen | Dec. 10, 2019 |
|
18-55481
|
U.S. v. Exxon Mobil Corp.
42 U.S.C. Section 7412 authorizes the U.S. Chemical Safety and Hazard Investigation Board to investigate not just an oil refinery's release of hazardous materials, but prospective damage as well. |
Environmental Law |
|
P. Curiam (9th Cir.) | Dec. 10, 2019 |
|
B297195
|
Modification: Presbyterian Camp & Conference Centers, Inc. v. Superior Court
Corporations can be held vicariously liable for causing brush fires under Health and Safety Code Sections 13009 and 13009.1; CalFire may recover fire suppression and investigation costs. |
Torts |
|
M. Tangeman | Dec. 10, 2019 |
|
D074006
|
Hood v. Gonzales
An interpleader action allows a court to adjudicate competing claims to disputed settlement funds, not just merely supervise their dispersal; it is a proper substitute for arbitration. |
Civil Procedure |
|
P. Benke | Dec. 10, 2019 |
|
B290948
|
People v. Ollo
Penal Code Section 12022.7 only requires a defendant be an actual cause of inflicting great bodily injury; one who supplies drugs to another can be liable for a subsequent overdose. |
Criminal Law and Procedure |
|
B. Hoffstadt | Dec. 9, 2019 |
|
A150198
|
People v. Gonzalez
Trial court erred in admitting uncertified and unauthenticated records that prosecutor represented were printed from court's online records system as proof that appellant suffered a prior conviction. |
Criminal Law and Procedure |
|
M. Simons | Dec. 9, 2019 |
|
H045620
|
People v. Bernal
Although trial court committed no error, appellate court remanded for trial court to exercise newly conferred discretion under Senate Bill 1393 to strike Penal Code Section 667(a) prior conviction enhancements. |
Criminal Law and Procedure |
|
A. Grover | Dec. 9, 2019 |
|
19-17213
|
County of San Francisco v. USCIS
Order |
|
Dec. 9, 2019 | ||
|
B288054
|
Bernstein v. LaBeouf
A defendant's celebrity status does not automatically convert his otherwise private conduct into a matter of public interest protected by the anti-SLAPP statute. |
Anti-SLAPP |
|
L. Lavin | Dec. 9, 2019 |
|
B298289
|
In re Adam H.
Juvenile court erroneously failed to consider Welfare and Institutions Code Section 361.2(a) in evaluating whether minor should be placed with his father. |
Dependency |
|
L. Rubin | Dec. 9, 2019 |
|
F076012
|
Garcia v. Rosenberg
Anti-SLAPP motion was properly granted because plaintiffs failed to comply with the applicable statute of limitations, so their action was time-barred and they would not prevail on the merits. |
Anti-SLAPP |
|
B. Hill | Dec. 6, 2019 |
|
B285489
|
Canyon View Ltd. v. Lakeview Loan Servicing, LLC
Mobilehome Residency Law addresses right of purchaser at MRL-regulated abandonment sale to take title free and clear of liens; thus, plaintiff's actions arose out of MRL and plaintiff was entitled to attorney fees. |
Real Property |
|
F. Rothschild | Dec. 6, 2019 |
|
D075519
|
Fabian v. Renovate America, Inc.
Trial court did not err in denying defendant's petition to compel arbitration based on defendant's failure to prove that plaintiff electronically signed contract. |
Arbitration |
|
J. Irion | Dec. 6, 2019 |
|
B296384
|
Narith S. v. Superior Court (Los Angeles)
Senate Bill 1391 is constitutional and consistent with Proposition 57's intent. The Legislature has the power to categorically exempt 14-and 15-year-old juveniles from transfer to adult court. |
Constitutional Law |
|
A. Egerton | Dec. 6, 2019 |
|
A158011
|
Ashmus v. Superior Court (San Mateo)
Trial court clearly erred in transferring habeas corpus petition to a court that was not 'the court which imposed the sentence' as Penal Code Section 1509 dictates. |
Civil Procedure |
|
M. Miller | Dec. 6, 2019 |
|
18-35998
|
U.S. v. Phattey
Citizenship revocation is not a civil penalty within the meaning of 28 U.S.C. Section 2462; denaturalization proceedings are not subject to Section 2462's five year statute-of-limitations. |
Immigration |
|
S. Ikuta | Dec. 6, 2019 |
|
S242244
|
People v. Guzman
Penal Code Section 632(d)'s exclusionary remedy was superseded by Proposition 8 and since reenactments of Section 632(d) were merely technical, they were insufficient to revive the exclusionary remedy. |
Criminal Law and Procedure |
|
T. Cantil-Sakauye | Dec. 6, 2019 |
|
B297354
|
In re Milton
'People v. Gallardo's extension of 'Apperendi v. New Jersey' to prior strike determinations under California's three strikes law does not apply retroactively to convictions finalized on direct appeal. |
Criminal Law and Procedure |
|
J. Segal | Dec. 5, 2019 |
|
B298184
|
In re I.I.
Welfare and Institutions Code Section 300(f) petition must be sustained even if there is no evidence that the minors currently at issue had been abused, neglected, or at risk of harm. |
Juveniles |
|
F. Rothschild | Dec. 5, 2019 |