| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B296710
|
People v. Ramirez
Under Penal Code Section 1170.95 if there is a prior finding that the petitioner was not a major participant in the felony, the court is required to vacate the conviction. |
Criminal Law and Procedure |
|
V. Chavez | Nov. 8, 2019 |
|
A152529
|
People v. Coneal
Admission of rap lyrics to prove defendant committed a particular crime is substantially more prejudicial than probative under Evidence Code Section 352 because rap lyrics should not be taken literally. |
Evidence |
|
M. Simons | Nov. 8, 2019 |
|
16-15588
|
Board of Trustees Glazing Health v. Chambers
No evidence indicated a reasonable expectation that Nevada's legislature was likely to enact legislation similar to Senate Bill 223 in the future, so no live controversy remained and the matter was moot. |
Civil Procedure |
|
S. Thomas | Nov. 8, 2019 |
|
D073877
|
People v. Stringer
Jury instruction for aggravated kidnapping to commit extortion or exact money or property from another person contained prejudicial legal error permitting jury to find defendant guilty of charged offenses on legally invalid basis. |
Criminal Law and Procedure |
|
J. McConnell | Nov. 8, 2019 |
|
A155969
|
People v. Superior Court (Couthren)
No implied exception to the hearsay rule exists with respect to expert evaluation reports at sexually violent predator probable cause hearings in light of 'People v. Sanchez.' |
Criminal Law and Procedure |
|
G. Sanchez | Nov. 8, 2019 |
|
B291637
|
People v. Aguilar
Under California Penal Code Section 289, 'force' includes circumstances where the victim did not want to engage in the act and did not positively cooperate with it. |
Criminal Law and Procedure |
|
J. Wiley | Nov. 8, 2019 |
|
B292602
|
Regency Midland Construction, Inc. v. Legendary Structures, Inc.
The court will look to a contract's purpose when interpreting a provision that is riddled with drafting errors. |
Contracts |
|
J. Wiley | Nov. 8, 2019 |
|
F075781
|
Collins v. Thurmond
Appellants' state equal protection claim survived due to evidence of disparate impact, but their federal equal protection claim failed due to lack of sufficient allegations of discriminatory motive. |
Constitutional Law |
|
K. Meehan | Nov. 7, 2019 |
|
D074344
|
People v. Patton
Given the nature of defendant's offense, there was a relationship between theft of electronic devices and the imposition of an electronic device search condition. |
Criminal Law and Procedure |
|
W. Dato | Nov. 7, 2019 |
|
B280550M
|
Modification: Brown v. USA Taekwondo
Organization had special relationship with coach because organization implemented policies and procedures to protect athletes from sexual abuse by coaches, and organization barred coach from coaching athletes for violations of policies. |
Torts |
|
G. Feuer | Nov. 7, 2019 |
|
19-6477
|
Rhines v. Young
Order |
|
Nov. 6, 2019 | ||
|
B282129
|
Modification: Sprengel v. Zbylut
In determining whether an attorney entered into an 'implied' attorney-client relationship to represent the interests of the individual partners of an entity a court must assess the totality of circumstances. |
Attorneys |
|
L. Zelon | Nov. 6, 2019 |
|
B280550
|
Modification: Brown v. USA Taekwondo
Organization had special relationship with coach because organization implemented policies and procedures to protect athletes from sexual abuse by coaches, and organization barred coach from coaching athletes for violations of policies. |
Torts |
|
G. Feuer | Nov. 6, 2019 |
|
A155392
|
Asian Americans Advancing Justice-Los Angeles v. Padilla
The California Voting Rights Act allows the Secretary of State to assess the need for language assistance accommodations by individual precinct, not on a county-wide basis. |
Government |
|
K. Banke | Nov. 6, 2019 |
|
19-5308
|
Minaya v. U.S.
Order |
|
Nov. 5, 2019 | ||
|
19-5333
|
Walker v. U.S.
Order |
|
Nov. 5, 2019 | ||
|
C081038
|
People v. Hampton
Trial court's dismissal of criminal complaint is a final judgment divesting it of further jurisdiction; thus, it may not later vacate its dismissal in order to reactivate complaint. |
Criminal Law and Procedure |
|
H. Hull | Nov. 5, 2019 |
|
B292570
|
County of Los Angeles v. Christopher W.
Those who are biologically responsible for the child's existence should bear the burden of the expense that its existence necessitates, regardless of another person performing fatherly duties. |
Family Law |
|
F. Rothschild | Nov. 5, 2019 |
|
17-10354
|
U.S. v. Norris
No Fourth Amendment search occurred when FBI used wireless-tracking software to detect signal strength of address of defendant's device because wireless signal reached outside defendant's residence to connect to neighbor's wireless router. |
Criminal Law and Procedure |
|
J. Rawlinson | Nov. 5, 2019 |
|
18-10134
|
U.S. v. Dailey
Defendant's Travel Act conviction was a sex offense requiring registration under the Sex Offender Registration and Notification Act (SORNA) in light of SORNA's residual clause and admissions in defendant's plea agreement. |
Criminal Law and Procedure |
|
C. Bea | Nov. 5, 2019 |
|
B287923
|
Lee v. Kim
Appellant failed to demonstrate a probability of prevailing on his claim; thus, trial court properly granted anti-SLAPP motion. |
Anti-SLAPP |
|
G. Weingart | Nov. 4, 2019 |
|
A150863
|
Handoush v. Lease Finance Group, LLC
Forum selection clauses are unenforceable in California if they will lead to a jury trial waiver in the designated forum state. |
Civil Procedure |
|
A. Wick | Nov. 4, 2019 |
|
A148513
|
O'Grady v. Merchant Exchange Productions, Inc.
'Service charge' may be a 'gratuity' that Labor Code Section 351 requires to go only to the non-managerial employees involved with the actual serving of the food and beverages. |
Labor Law |
|
J. Richman | Nov. 4, 2019 |
|
A155208
|
Carroll v. City and County of San Francisco
Plaintiff alleged that each disability retirement check provides her reduced benefits and that age was substantial motivating factor for payment of reduced benefits; thus, plaintiff's claim was timely under 'continuous accrual doctrine.' |
Employment Discrimination |
|
T. Brown | Nov. 4, 2019 |
|
B291525
|
Conservatorship of D.P.
For conservatorship hearings, a jury needs to only be instructed with the definition of 'gravely disabled' that is based on the express language of Welfare and Institutions Code Section 5350. |
Conservatorship |
|
D. Kim | Nov. 4, 2019 |
|
E069369
|
People v. Martell
Proposition 47 applies to Vehicle Code Section 10851; thus, the vehicle must be worth more than $950 to sustain a felony conviction on a taking theory. |
Criminal Law and Procedure |
|
M. Slough | Nov. 4, 2019 |
|
13-36165
|
Sturgeon v. Frost
Order |
|
Nov. 4, 2019 | ||
|
18-1501
|
Liu v. Securities and Exchange Commission
Order |
|
Nov. 4, 2019 | ||
|
D071379
|
Marriage of Deluca
Property was community property because contract transferring title to husband from his sister did not operate as instrument of devise that changed property from his sister's inherited property to his inherited property. |
Family Law |
|
W. Dato | Nov. 1, 2019 |
|
A155030
|
Davis v. TWC Dealer Group, Inc.
Three separate arbitration agreements presented by defendant were unenforceable due to procedural and substantive unconscionability given their contents and the circumstances surrounding their signing. |
Contracts |
|
J. Richman | Nov. 1, 2019 |