| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B280329
|
People v. Frandsen
Where statutory elements of a crime are analyzed to determine if violent felony was committed, 'Johnson v. United States's holding regarding unconstitutional vagueness does not apply. |
Criminal Law and Procedure |
|
T. Bigelow | Apr. 8, 2019 |
|
A153679
|
Martinez v. Public Employees' Retirement System
'Haywood v. American River Protection Dist.' and 'Smith v. City of Napa' set out relevant disability retirement law and are binding; thus, judgment denying writ of mandate challenging these cases affirmed. |
Government |
|
J. Richman | Apr. 8, 2019 |
|
16-35506
|
Murray v. BEJ Minerals
Order |
|
Apr. 8, 2019 | ||
|
C085091
|
Modification: People v. Eddy
Defendant has absolute right to decide objective of defense and to insist counsel refrain from admitting guilt even when counsel's experience-based view was that confessing guilt might yield best outcome. |
Criminal Law and Procedure |
|
P. Krause | Apr. 8, 2019 |
|
B278254
|
York v. City of Los Angeles
Trial court did not abuse its discretion in denying plaintiffs' mandate petition because denial of grading request did not preclude plaintiffs from submitting another, more modest, development proposal. |
Real Property |
|
L. Edmon | Apr. 8, 2019 |
|
A154269
|
In re Palmer
Petitioner successfully utilized techniques set forth in 'In re Lynch' to show serial denials of parole punished him so disproportionately to his individual culpability that it was constitutionally excessive. |
Civil Rights |
|
J. Kline | Apr. 8, 2019 |
|
B280998
|
Modification: In re M.S.
A pretrial mental health diversion program for mentally ill adults does not apply to juveniles because the juvenile justice system is separate and distinct from the criminal justice system. |
Juveniles |
|
A. Gilbert | Apr. 5, 2019 |
|
A155842
|
Ryze Claim Solutions LLC v. Superior Court
Forum selection clauses may be given effect, in the court's discretion and in the absence of a showing that enforcement of a given clause would be unfair and unreasonable. |
Civil Procedure |
|
P. Siggins | Apr. 5, 2019 |
|
A150002
|
Point San Pedro Road Coalition v. County of Marin
Marin County's approval of Resolution No. 2015-108 unlawfully extended or enlarged San Rafael Rock Quarry Inc.'s nonconforming use, violating Marin County Code Section 22.122.010.A and the County's zoning ordinance. |
Real Property |
|
I. Petrou | Apr. 5, 2019 |
|
17-15415
|
Mutee v. U.S.
Conviction under North Carolina's breaking-or-entering statute qualifies as predicate felony under Armed Career Criminal Act after Court in 'United States v. Stitt' held that generic burglary includes burglary of mobile structures. |
Criminal Law and Procedure |
|
P. Curiam (9th Cir.) | Apr. 5, 2019 |
|
S214116
|
People v. Aranda
Trial court's failure to receive partial acquittal verdict on first degree murder when jury indicated it acquitted on that offense rendered declaration of mistrial without legal necessity; thus, dismissal of that charge affirmed. |
Criminal Law and Procedure |
|
C. Corrigan | Apr. 5, 2019 |
|
S238001
|
T-Mobile West LLC v. City and County of San Francisco
San Francisco Ordinance No. 12-11, requiring permits for installation or maintenance of wireless equipment along public rights-of-way, was not preempted by Public Utilities Code Section 7901, nor violated Section 7901.1. |
statutory_interpretation |
|
C. Corrigan | Apr. 5, 2019 |
|
B287487
|
In re J.G.
A juvenile court may impose reasonable conditions on probation orders so long as they are tailored to specifically meet the needs of the juvenile. |
Juveniles |
|
K. Yegan | Apr. 5, 2019 |
|
C086563
|
Friends of Spring Street v. Nevada City
Trial court erroneously determined plaintiff was not successful at a practical level, and abused its discretion finding plaintiff did not enforce an important right affecting public interests. |
Civil Procedure |
|
R. Robie | Apr. 5, 2019 |
|
B283122
|
Modification: Sass v. Cohen
'Cassel' not good law; complaint for accounting must plead specific damage amount sought; amount awarded in default judgment over amount sought is void. |
Civil Procedure |
|
B. Hoffstadt | Apr. 5, 2019 |
|
B284374
|
Shoen v. Zacarias
Trial court's grant of an irrevocable license was an abuse of discretion because the court construed the 'substantial expenditure' requirement too permissively; thus, grant of irrevocable license reversed. |
Real Property |
|
B. Hoffstadt | Apr. 5, 2019 |
|
A152428
|
Western Heritage Insurance Co. v. Frances Todd, Inc.
Generally, subrogation is not permitted when the policy is intended by the parties to the lease to benefit the lessee. |
Insurance |
|
H. Needham | Apr. 4, 2019 |
|
C079835
|
National Asian American Coalition v. Newsom
Trial court may order retransfer of funds the director of finance unlawfully appropriated from the National Mortgage Special Deposit Fund to the General Fund without violating separation of powers principles. |
Government |
|
A. Hoch | Apr. 4, 2019 |
|
B287080
|
Grafilo v. Wolfsohn
A Department of Consumer Affairs subpoena issued during a Medical Board investigation seeking production of patients' medical records must be supported by good cause justifying invasion of patient privacy. |
Health Care |
|
F. Rothschild | Apr. 4, 2019 |
|
B285062
|
Modification: People v. Joseph
Filing a false CHP-180 form violates Vehicle Code Section 10501(a) and commonly results in violation of Penal Code Section 118, so the specific Section 10501(a) preempts the general Section 118. |
statutory_interpretation |
|
C. Chung | Apr. 4, 2019 |
|
B285945
|
Workman v. Colichman
Communication only affecting small group of interested buyers in private home does not constitute 'public issue' under anti-SLAPP law. Appeal over anti-SLAPP motion denial sanctioned. |
Anti-SLAPP |
|
A. Collins | Apr. 4, 2019 |
|
17-15796
|
Bank of America v. Arlington West Twilight HOA
A private lender can preserve its first deed of trust on a property and help homeowners explore alternatives to foreclosure by paying off the superpriority portion of the homeowners Association Lien. |
Real Property |
|
P. Curiam (9th Cir.) | Apr. 4, 2019 |
|
B286443
|
Komorsky v. Farmers Insurance Exchange
Insurance Code Section 11580.2(a)(1) expressly excludes umbrella automobile insurance policies, and a policy's plain language, not the language of an underlying policy, determines who shall be paid benefits. |
Insurance |
|
B. Currey | Apr. 3, 2019 |
|
18-556
|
Kansas v. Glover
Order |
|
Apr. 2, 2019 | ||
|
17-1184
|
Biestek v. Berryhill
Vocational expert's refusal to provide private market-survey data upon applicant's request does not categorically preclude the expert's testimony from counting as substantial evidence. |
Evidence |
|
E. Kagan | Apr. 2, 2019 |
|
17-8151
|
Bucklew v. Precythe
Eighth Amendment 'does not guarantee a prisoner a painless death;' where prisoner's suggested execution alternative is not 'feasible' and 'readily implemented,' it cannot provide basis for relief. |
Constitutional Law |
|
N. Gorsuch | Apr. 2, 2019 |
|
D073626
|
People v. Weir
Penal Code Section 530.5(c)'s identity theft provision not subject to reclassification under Proposition 47; Section 490.2's petty theft provision only reclassifies theft offenses, and violation of Section 530.5(c) is a nontheft offense. |
Criminal Law and Procedure |
|
P. Benke | Apr. 2, 2019 |
|
A152225
|
Rel v. Pacific Bell Mobile Services
The death knell doctrine does not apply to a pretrial order that does not qualify as a trial for Code of Civil Procedure Section 583.310 purposes. |
Civil Procedure |
|
G. Burns | Apr. 2, 2019 |
|
E068698
|
Estate of Herzog
Code of Civil Procedure Section 1930 states that in order for the mark on a document to be an official 'seal,' it must include a signature by a public official. |
probate_and_trusts |
|
D. Miller | Apr. 2, 2019 |
|
B288355
|
Mesa RHF Partners v. City of Los Angeles
Under Code of Civil Procedure Section 664.6 court may retain jurisdiction to enforce settlement if request is made by parties themselves; thus, trial court was without jurisdiction when counsel made such request. |
Civil Procedure |
|
V. Chaney | Apr. 2, 2019 |