| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D075532
|
Jimenez v. U.S. Continental Marketing, Inc.
Insufficient evidence supported finding plaintiff was not defendant's employee for Fair Employment and Housing Act purposes, and ample evidence supported finding defendant exercised direction and control over plaintiff's employment. |
Employment Law |
|
W. Dato | Oct. 21, 2019 |
|
B288533
|
Modification: People v. Vital
CALCRIM No. 1128 was improper and prejudicial because it did not reflect the minimum age requirement for Penal Code Section 288.7(b) conviction as applying only to the direct perpetrator. |
Criminal Law and Procedure |
|
M. Hanasono | Oct. 21, 2019 |
|
18-1432
|
Nasrallah v. Barr
Order |
|
Oct. 21, 2019 | ||
|
18-8369
|
Lomax v. Ortiz-Marquez
Order |
|
Oct. 21, 2019 | ||
|
19-7
|
Seila Law LLC v. Consumer Protection Bureau
Order |
|
Oct. 21, 2019 | ||
|
19-161
|
Dept. of Homeland Security v. Thuraissigiam
Order |
|
Oct. 21, 2019 | ||
|
A156467
|
People v. McCann
There was reasonable cause to believe defendant forcibly penetrated victim against his will when defendant admitted whacking victim, and victim ended up with a broken nose and injuries to rectum. |
Criminal Law and Procedure |
|
M. Miller | Oct. 18, 2019 |
|
C079382
|
People v. Felix
Defendant's armed robbery conviction was similar to current crime of attempted murder because in both incidents, codefendant, in defendant's presence, did not hesitate to criminally threaten and assault victims with weapon. |
Evidence |
|
H. Hull | Oct. 18, 2019 |
|
B290509
|
Dobbs v. City of Los Angeles
Trial court rightly found that public employee reasonably exercised discretionary authority when approving bollards to protect convention center from car bombs; thus, design immunity defense to personal injury claim was satisfied. |
Torts |
|
J. Wiley | Oct. 18, 2019 |
|
B287876
|
Tulare Pediatric Health v. State Dept. of Health Care
Under Medicaid program, state must pay counties and their clinics '100 percent' of cost for services to Medicaid beneficiaries; thus, state was required to pay 100 percent of amount clinic paid doctor. |
Health Care |
|
J. Wiley | Oct. 18, 2019 |
|
B289717
|
Eck v. City of Los Angeles
Because unnamed class member did not challenge her application to intervene and did not appeal from the denial of her motion to vacate judgment, she lacked standing to appeal from judgment. |
Civil Procedure |
|
D. Perluss | Oct. 17, 2019 |
|
E070345
|
People v. Wehr
Under Proposition 47, the crime of receiving a stolen car valued at no more than $950 under California Penal Code Section 496 must be treated as a misdemeanor. |
Criminal Law and Procedure |
|
F. Menetrez | Oct. 17, 2019 |
|
D073755
|
Oduyale v. California State Board of Pharmacy
California State Board of Pharmacy's revocation of petitioner's license was supported by substantial evidence, and the Board was not required to explain its rejection of every lesser form of discipline. |
Administrative Agencies |
|
R. Huffman | Oct. 17, 2019 |
|
17-71636
|
Lulac v. Wheeler
Order |
|
Oct. 17, 2019 | ||
|
18-15691
|
Walden v. State of Nevada
State that removes case to federal court waives immunity from suit on all federal-law claims, including those that Congress failed to apply to states through unequivocal and valid abrogation of Eleventh Amendment immunity. |
Immunity |
|
A. Tashima | Oct. 17, 2019 |
|
19-5014
|
Donate-Cardona v. U.S.
Order |
|
Oct. 16, 2019 | ||
|
19-5025
|
Thomas v. U.S.
Order |
|
Oct. 16, 2019 | ||
|
19-5027
|
Cox v. U.S.
Order |
|
Oct. 16, 2019 | ||
|
19-5383
|
Stacy v. U.S.
Order |
|
Oct. 16, 2019 | ||
|
19-5456
|
McCants v. U.S.
Order |
|
Oct. 16, 2019 | ||
|
19-5565
|
Perez v. U.S.
Order |
|
Oct. 16, 2019 | ||
|
19-5572
|
Atkinson v. U.S.
Order |
|
Oct. 16, 2019 | ||
|
18-30046
|
U.S. v. Thornhill
Applying Federal Rule of Evidence 403 to Rule 414 evidence, and factors set forth in 'United States v. LeMay,' probative value of defendant's prior conviction was not substantially outweighed by its unfair prejudice. |
Evidence |
|
R. Tallman | Oct. 16, 2019 |
|
C086745
|
Atlantic Richfield v. Central Valley Regional Water Quality
A parent company may have direct liability for hazardous waste caused by its subsidiary if it is found to control the activities responsible for the waste. |
Environmental Law |
|
M. Butz | Oct. 16, 2019 |
|
G055942
|
People v. Meneses
In sexual assault cases involving minors, jurors may consider charged sex offenses as evidence of a defendant's propensity to commit similar offenses; thus, jury instruction under CALCRIM No.1191B was proper. |
Criminal Law and Procedure |
|
R. Fybel | Oct. 15, 2019 |
|
D072463
|
Koenig v. Warner Unified School District
Employment termination agreement provision under which health benefits would be paid until plaintiff turned 65 violated Government Code Section 53261, but was severable from the remainder of the agreement. |
Contracts |
|
P. Guerrero | Oct. 15, 2019 |
|
B290693
|
Morris v. Hyundai Motor America
Given trial court's clear expression in final order of its reasons for attorney fees reductions, stray remark trial court made, that it had other prohibited reasons, did not require reversal. |
Civil Procedure |
|
N. Stone | Oct. 15, 2019 |
|
A152179
|
Rudick v. State Board of Optometry
Under Optometry Practice Act Section 3077, an office is defined as any place optometry is practiced and a Branch Office License is required for additional offices that service patients. |
Government |
|
A. Wick | Oct. 15, 2019 |
|
B256232
|
Modification: Naranjo v. Spectrum Security Services, Inc.
Labor Code Section 226.7 actions for premium wage as statutory remedy does not entitle employees to pursue derivative penalties under Sections 203 and 226. |
Labor Law |
|
K. Dunning | Oct. 14, 2019 |
|
G056706
|
Sharon v. Porter
Legal malpractice lawsuit was filed over one year from the commencement of Code of Civil Procedure Section 340.6's statute of limitations and was time-barred. |
Civil Procedure |
|
E. Moore | Oct. 14, 2019 |