| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
17-1623
|
Altitude Express Inc. v. Zarda
Order |
|
Apr. 23, 2019 | ||
|
18-107
|
R.G. & G.R. Harris Funeral Homes v. EEOC
Order |
|
Apr. 23, 2019 | ||
|
18-565
|
Citgo Asphalt Refining v. Frescati Shipping Co.
Order |
|
Apr. 23, 2019 | ||
|
18-725
|
Barton v. Barr
Order |
|
Apr. 23, 2019 | ||
|
B283979
|
Key v. Tyler
Anti-SLAPP statute applies to petition seeking enforcement of no contest clause, and movant's presentation of an underlying ruling provided sufficient evidence demonstrating probability of success on movant's No Contest Petition. |
Anti-SLAPP |
|
E. Lui | Apr. 23, 2019 |
|
A155328
|
In re Taylor
Actions after the fact of robbery murder insufficient to show that accomplice acted with reckless indifference to human life. |
Criminal Law and Procedure |
|
Apr. 23, 2019 | |
|
17-50384
|
U.S. v. Guerrero
After amendments to Federal Rule of Criminal Procedure 12, good-cause standard, rather than plain error review, continues to apply when defendant attempts to raise new theories on appeal for motion to suppress. |
Criminal Law and Procedure |
|
P. Curiam (9th Cir.) | Apr. 23, 2019 |
|
D074888
|
People v. Novoa
Substantial evidence supported trial court's finding that counsel's representation of defendant fell below standard of reasonableness under prevailing professional norms when he failed to explain adverse immigration consequences of defendant's plea. |
Criminal Law and Procedure |
|
R. Huffman | Apr. 23, 2019 |
|
G055885
|
N.T. v. H.T.
Knowing violations of a TRO justified issuing a domestic violence restraining order (DVRO), and the particular acts alleged would have independently qualified as abuse supporting the issuance of a DVRO. |
Family Law |
|
R. Fybel | Apr. 23, 2019 |
|
A155119
|
Du-All Safety, LLC v. Superior Court
Defendant had right to supplement its expert witness exchange by adding experts to cover subjects on which other party indicated it planned to offer expert testimony; thus, trial court erred. |
Civil Procedure |
|
J. Richman | Apr. 22, 2019 |
|
17-71636
|
Lulac v. Wheeler
Order |
|
Apr. 22, 2019 | ||
|
B285656
|
People v. Bipialaka
Defendant who donned mask with intent to scare others and who ran red light while swerving at cars in intersection properly conviction of assault with deadly weapon. |
Criminal Law and Procedure |
|
J. Wiley | Apr. 19, 2019 |
|
B256009
|
People v. Shiga
Penal Code Section 451 delineates a single offense of arson, and its subdivisions provide for sentencing depending on the burning's end result, so conviction under two subdivisions was improper. |
Criminal Law and Procedure |
|
G. Feuer | Apr. 19, 2019 |
|
18-16496
|
U.S. v. State of California
The intergovernmental immunity doctrine and conflict preemption doctrine did not provide grounds for fully enjoining enforcement of California immigration statutes AB 450, AB 103, and SB 54. |
Immigration |
|
M. Smith | Apr. 19, 2019 |
|
B292416
|
People v. Superior Court (J.C. Penney Corp., Inc.)
Demurrer based on vagueness should not be sustained to complaint that stated a cognizable theory of liability under the statute which clearly applied to some or all of defendants' conduct. |
Constitutional Law |
|
N. Manella | Apr. 18, 2019 |
|
B278949
|
Brown v. Goldstein
The text of parties' agreement, interpreted with aid of extrinsic evidence submitted, showed that parties intended that performance royalties would be included in revenue-sharing provision; thus, judgment reversed. |
Contracts |
|
L. Zelon | Apr. 18, 2019 |
|
05-99009
|
Washington v. Ryan
Defense counsel's performance was ineffective when counsel failed to adequately investigate, develop, and present mitigating evidence to the jury at the penalty phase of defendant's capital punishment trial. |
Criminal Law and Procedure |
|
R. Gould | Apr. 18, 2019 |
|
D074893
|
Cox v. Griffin
Appellant barred from adding theory of malicious prosecution on appeal because it was not litigated in the trial court, and the facts presented at trial were conflicting rather than undisputed. |
Civil Procedure |
|
G. Nares | Apr. 18, 2019 |
|
17-55040
|
Xue Lu v. United States
Because district court did not have the benefit of 'Goodyear Tire & Rubber Co. v. Haeger' when it issued an award of attorneys' fees, it failed to apply the appropriate legal framework. |
Government |
|
S. Ikuta | Apr. 18, 2019 |
|
B285488
|
Summers v. Colette
No continuous directorship requirement should be read into Corporations Code Sections 5233(c), 5142(a), and 5223(a), and refusal to grant leave to amend to join an indispensable party was erroneous. |
statutory_interpretation |
|
J. Segal | Apr. 17, 2019 |
|
A151633
|
Burch v. CertainTeed Corp.
Substantial evidence supported jury's finding that defendant intentionally concealed health hazards of asbestos from plaintiff; thus, trial court properly denied defendant's motion for judgment notwithstanding verdict. |
Torts |
|
T. Brown | Apr. 17, 2019 |
|
18-15104
|
Grimm v. Vortex Marine Construction
District courts lack jurisdiction over merits of litigation disputing Longshore Act compensation orders, which must specify a money allowance or method for calculating it to fall under this limited jurisdiction. |
Labor Law |
|
A. Hurwitz | Apr. 17, 2019 |
|
15-16801
|
Erickson Productions,Inc. v. Kraig Kast
Trial court incorrectly found for plaintiff in copyright suit where defendant did not seek or receive 'direct financial benefit' by use of plaintiff's images on defendant's website. |
Copyright |
|
M. Hawkins | Apr. 17, 2019 |
|
17-55115
|
Baldwin v. United States
Treasury Regulation Section 301.7502-1(e) made clear that Internal Revenue Code Section 7502 displaced the common-law mailbox rule; thus, under Section 7502 plaintiffs did not timely file their amended tax return. |
Tax |
|
P. Watford | Apr. 17, 2019 |
|
16-16832
|
Oracle USA v. Rimini Street
Order |
|
Apr. 17, 2019 | ||
|
B286117
|
People v. Medina
'Kill zone' jury instructions are inappropriate when defendant lacked a primary target and did not specifically intend to kill everyone in the area around that target to ensure his death. |
Criminal Law and Procedure |
|
G. Weingart | Apr. 17, 2019 |
|
G054989
|
Stennett v. Miller
Nonmarital biological child of absentee father who never openly held her out as his own does not have standing to assert cause of action for his wrongful death. |
probate_and_trusts |
|
R. Aronson | Apr. 16, 2019 |
|
D073215
|
People v. Flores
Defendant's Sixth Amendment rights were violated by counsel's pursuit of defenses that did not comport with defendant's insistence that he did not commit the alleged criminal acts. |
Constitutional Law |
|
W. Dato | Apr. 16, 2019 |
|
17-35703
|
Castro v. Tri Marine Fish Co
A settlement agreement and confirming order do not constitute an arbitral award under the New York Convention and Convention Act simply because they are signed in the presence of an arbitrator. |
Arbitration |
|
M. McKeown | Apr. 16, 2019 |
|
C084503
|
People v. Washington
Defendant, whose mother's retainer agreement with counsel provided for routine defense costs to be paid by mother, was not entitled to copies of supplemental discovery made at the county's expense. |
Criminal Law and Procedure |
|
P. Krause | Apr. 16, 2019 |