| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D073744
|
Modification: Cleveland Nat. Forest Foundation v. County of San Diego
County Board did not properly consider the connection between residential and agricultural uses as required by Subdivision Map Act Section 66474.4 and the Williamson Act. |
Real Property |
|
T. O'Rourke | Aug. 23, 2019 |
|
E070578
|
In re A.E.
Under California Penal Code Section 361.5(c)(2), reunification services will not be provided if by clear and convincing evidence it is not in the child's best interests. |
Family Law |
|
F. Menetrez | Aug. 23, 2019 |
|
A157306
|
Castillo v. Superior Court
Under Penal Code Section 859b's 60-day rule dismissal is required of a felony complaint when the preliminary hearing is continued for more than 60 days from arraignment. |
Criminal Law and Procedure |
|
P. Siggins | Aug. 23, 2019 |
|
B271516
|
People v. Lopez
Senate Bill 1437 allows appellants to petition for relief as to their convictions for second degree murder under the natural and probable consequences doctrine, but their attempted premeditated murder convictions stand. |
Criminal Law and Procedure |
|
D. Perluss | Aug. 23, 2019 |
|
B289698
|
Wu v. O'Gara Coach Co., LLC
Plaintiff's counsel's firm's founder, having acquired knowledge about playbook information, lacked material connection with plaintiff's claims while president and chief operating officer at defendant's company; thus, firm was not disqualified. |
Attorneys |
|
D. Perluss | Aug. 23, 2019 |
|
B293047
|
People v. Torfason
A mentally disordered offender may not be recommitted based on a different mental disorder than the one he was initially committed for under Mentally Disordered Offender Act Section 2966(c). |
Criminal Law and Procedure |
|
M. Tangeman | Aug. 23, 2019 |
|
S248046
|
People v. Foster
Proposition 47 does not apply to retroactively invalidate a properly imposed mentally disordered offender commitment or to invalidate subsequent recommitments. |
Criminal Law and Procedure |
|
G. Liu | Aug. 23, 2019 |
|
17-56581
|
Ray v. County of Los Angeles
An erroneous vacatur cannot postpone a rule's effective date until an appellate court corrects the error sometime in the future. |
Labor Law |
|
M. Bennett | Aug. 23, 2019 |
|
17-15913
|
Fidelity National Financial Inc. v. Friedman
28 U.S.C. Section 1963 does not require that a court have personal jurisdiction over a judgment debtor in order to register an existing judgment. |
Civil Procedure |
|
A. Tashima | Aug. 23, 2019 |
|
B289698
|
Modification: Wu v. O'Gara Coach Co., LLC
Modification |
Attorneys |
|
D. Perluss | Aug. 23, 2019 |
|
B289580
|
People v. Grundfor
Trial court properly ordered defendant to pay full restitution of plaintiff-victim's attorney fees, in part, since a settlement between plaintiff-victim and defendant's insurer only released defendant from further civil liability. |
Criminal Law and Procedure |
|
M. Tangeman | Aug. 23, 2019 |
|
C083126
|
Williams v. Superior Court
Deputy district attorney improperly exercised judicial branch authority by dismissing grand juror in the presence of other grand jurors, and petitioner's motion to dismiss the indictment should have been granted. |
Criminal Law and Procedure |
|
J. Renner | Aug. 22, 2019 |
|
F074986
|
Davis v. Mariposa County Board of Supervisors
Government Code Section 50078.17 provides that any appeal from a final judgment in an action brought under this section must be filed within 30 days or it is considered untimely. |
Government |
|
R. Peña | Aug. 22, 2019 |
|
17-56648
|
Nicholson v. Gutierrez
Because no analogous case existed at the time, district court erred by denying officer qualified immunity on plaintiffs' Fourth Amendment substantive due process claim. |
Qualified Immunity |
|
J. Nguyen | Aug. 22, 2019 |
|
13-99010
|
Panah v. Chappell
Even without serology testimony regarding bodily fluid stains found in defendant's bedroom, and assuming counsel's performance was deficient, the overwhelming evidence supported guilt and defendant was not prejudiced. |
Civil Rights |
|
J. Owens | Aug. 22, 2019 |
|
16-55083
|
Harris v. Harris
Dismissals for refusal to exercise supplemental jurisdiction, failure to serve, and quasi-judicial immunity are not grounds giving rise to strikes under the Prison Litigation Reform Act. |
Prisoners' Rights |
|
J. Nguyen | Aug. 22, 2019 |
|
17-30227
|
U.S. v. Green
Sentencing court erred by concluding that it could not first hear defendant's allocution before determining whether reduction for acceptance of responsibility was warranted under Sentencing Guidelines. |
Criminal Law and Procedure |
|
M. Berzon | Aug. 22, 2019 |
|
17-16803
|
Murray v. Mayo Clinic
For claims under the Americans with Disabilities Act, the but-for causation standard is the appropriate standard to include in the jury instruction. |
Employment Discrimination |
|
B. Pearson | Aug. 21, 2019 |
|
18-15281
|
Dorman v. Charles Schwab Corp.
'American Express Co. v. Italian Colors Restaurant' was intervening Supreme Court authority irreconcilable with 'Amaro v. Continental Can Co.', so ERISA claims may now be subject to mandatory arbitration. |
Arbitration |
|
B. Pearson | Aug. 21, 2019 |
|
18-15175
|
Dyroff v. The Ultimate Software Group
Website operator was fully immune from liability because it did not publish its own content, published users' posts without materially contributing to them, and owed no duty to plaintiff's deceased son. |
Immunity |
|
D. Nelson | Aug. 21, 2019 |
|
17-15282
|
Valtierra v. Medtronic
Under the Americans with Disabilities Act and the Equal Employment Opportunity Commission guidelines, morbid obesity is not a physical impairment to be categorized as a disability for employment discrimination lawsuits. |
Employment Discrimination |
|
M. Schroeder | Aug. 21, 2019 |
|
16-72982
|
Zuniga v. Barr
Petitioner had right to counsel in reasonable fear review proceedings initiated under 8 U.S.C. Section 1228, and Immigration Judge failed to obtain valid waiver of that right. |
Immigration |
|
P. Curiam (9th Cir.) | Aug. 21, 2019 |
|
B287689
|
Fuller v. Department of Transportation
Jury's special verdict was not inconsistent because the dangerous condition finding did not necessitate finding the dangerous condition created reasonably foreseeable risk that the relevant kind of incident would occur. |
Government |
|
K. Yegan | Aug. 21, 2019 |
|
F075680
|
In re Rigsby
A prisoner possesses items in his cell when he has knowledge of the items and the items are located in an area accessible to all prisoners residing in that cell. |
Prisoners' Rights |
|
R. Peña | Aug. 21, 2019 |
|
B288074
|
Blech v. Blech
Creditor may file Probate Code Section 15301(b) petition to enforce a money judgment against a nondiscretionary principal distribution before that distribution is due and payable. |
probate_and_trusts |
|
L. Lavin | Aug. 20, 2019 |
|
E069339
|
People v. Rodriguez
Under Penal Code Section 1473.7, a criminal defendant's motion to vacate may not be considered untimely if the statute was enacted later on in his trial proceedings. |
Criminal Law and Procedure |
|
D. Miller | Aug. 20, 2019 |
|
F075749
|
People v. McDaniel
Defendant's non-response to mother's indirect accusation that he committed robberies was not an adoptive admission, and documents found in defendant's vehicle were not relevant to current proceedings. |
Evidence |
|
M. Smith | Aug. 20, 2019 |
|
S238563
|
Union of Medical Marijuana Patients v. City of San Diego
Amending zoning regulations as part of ordinance regulating medical marijuana dispensaries was capable of causing indirect physical environmental changes, so the ordinance was a project necessitating CEQA analysis. |
Environmental Law |
|
T. Cantil-Sakauye | Aug. 20, 2019 |
|
17-10438
|
U.S. v. Cuevas-Lopez
A criminal defendant's sentencing for a felony may be aggregated to determine sentencing enhancements if it falls under the 'single sentence rule' in United States Federal Sentencing Guidelines section 4A1.2(a)(2). |
Criminal Law and Procedure |
|
M. Friedland | Aug. 20, 2019 |
|
14-10080
|
U.S. v. Begay
Second degree murder may be committed recklessly, thus does not qualify as categorical crime of violence. |
Criminal Law and Procedure |
|
D. Nelson | Aug. 20, 2019 |