| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B282667
|
Juarez v. Wash Depot Holdings
A trial court properly concluded that a PAGA waiver outlined in an employee handbook was unenforceable as against public policy, where clauses in English and Spanish version conflicted. |
Employment Law |
|
A. Gilbert | Jul. 6, 2018 |
|
S235357
|
Lopez v. Sony Electronics, Inc.
Trial court erred when it granted summary judgment where a minor claim fell under the toxic exposure statute, which tolls during minority, instead of the six-year statute of limitations provided by the prenatal injury statute. |
Torts |
|
C. Corrigan | Jul. 6, 2018 |
|
S230899
|
Jameson v. Desta
Policy of not providing court reporter in civil disputes must include exception for in forma pauperis fee waiver recipients. |
Civil Procedure |
|
T. Cantil-Sakauye | Jul. 6, 2018 |
|
E068225
|
Modification: People v. Killion
Trial court has jurisdiction to end domestic violence-based probationary period where justice demands, notwithstanding mandatory nature of that probation period at time of sentencing. |
Criminal Law and Procedure |
|
A. McKinster | Jul. 6, 2018 |
|
B279936
|
Brown v. Smith
Trial court properly dismissed plaintiffs' challenge to an amendment to California law that eliminated an exemption from mandatory inoculation requirements for school-aged children, given that precedential case law has existed since 1890 authorizing the state to require it. |
Civil Rights |
|
E. Grimes | Jul. 5, 2018 |
|
C085308
|
Pacific Gas & Electric Co. v. Superior Court
'Thought-provoking' questions raised by plaintiffs as to utility's practices in wake of devastating wildfire do not in themselves show by clear and convincing standard utility acted with 'malice,' precluding punitive damages. |
Remedies |
|
J. Renner | Jul. 5, 2018 |
|
E067151
|
Young v. Cal. Fish & Game Com.
A trial court did not err when it denied a plaintiff's petition for writ of mandate asking the court to force a government agency to waive an inspection fee of an animal sanctuary. |
Government |
|
D. Miller | Jul. 5, 2018 |
|
16-17375
|
Wheeler v. City of Santa Clara
A district court didn't abuse its discretion by rejecting civil rights claims asserted against a city in the death of plaintiff's biological mother, where the plaintiff was unable to demonstrate that he had a close familial relationship, and thus 'didn't have the structure to be protected by the Fourteenth Amendment.' |
Constitutional Law |
|
G. Katzmann | Jul. 5, 2018 |
|
16-17060
|
In re Volkswagen Litigation
Clean Air Act 'diligent prosecution bar' does not preclude individual citizen's suit where government and citizen are not enforcing same 'standard, limitation, or order;' thus, intervention in government action unavailable. |
Civil Procedure |
|
M. Berzon | Jul. 5, 2018 |
|
B281863
|
In re S.O.
Where juvenile court places minor on probation it may 'impose and require any and all reasonable conditions that it may determine fitting,' including requiring restitution based on uncharged offense. |
Juveniles |
|
B. Hoffstadt | Jul. 3, 2018 |
|
E068010
|
In re Marriage of Binette
A trial court didn't violate Family Code Section 217 by not including live testimony during a hearing to set aside a default judgment, where both parties were present at the hearing, and represented by counsel. |
Family Law |
|
M. Ramirez | Jul. 3, 2018 |
|
17-1335
|
In re Yavaughnie Renee Wilkins
Untimely appeals dismissed where Federal Rules of Bankruptcy Procedure Rule 8002 (a), which provides 14-day deadline for filing appeal from bankruptcy court, is mandatory, jurisdictional requirement. |
Bankruptcy |
|
F. Kurtz | Jul. 3, 2018 |
|
13-50561
|
U.S. v. Sanchez-Gomez
Order |
|
Jul. 3, 2018 | ||
|
S079925
|
People v. Mora & Rangel
Under the 2010 California Supreme Court case People v. Brady, in the penalty phase of a trial: Victim impact evidence concerning the effect of the murders on the family members is relevant and admissible as a circumstance of the crime. |
Constitutional Law |
|
M. Cuéllar | Jul. 3, 2018 |
|
S235968
|
Hassell v. Bird
Order directing interactive website to remove challenged third party reviews from its website reversed and remanded under applicable 47 U.S.C. Section 230. |
Civil Procedure |
|
T. Cantil-Sakauye | Jul. 3, 2018 |
|
E061775
|
Daugherty v. City and Co. of San Francisco
A trial court erred when it granted a petition of writ of mandamus because its conclusions were 'based on errors of law or...not supported by substantial evidence' where notices of disciplinary action were actually timely. |
Government |
|
M. Jenkins | Jul. 2, 2018 |
|
C079797
|
People v. Bussey
A felony conviction for unlawful taking or driving of a vehicle was conditionally reversed because a 'vehicle code offense must be tried with correct instructions,' but receipt of a stolen vehicle isn't eligible for misdemeanor reduction. |
Criminal Law and Procedure |
|
M. Butz | Jul. 2, 2018 |
|
B282513
|
Williams v. Atria Las Posas
Denial of motion to compel arbitration based on dispositive integration clause in agreement signed before arbitration agreement reversed and remanded where former agreement is not intended as parties’ final, complete agreement. |
Arbitration |
|
M. Tangeman | Jul. 2, 2018 |
|
F073159
|
People v. Warren
Where intent clear in Prop 47 to 'relieve defendants of the burdens of both felony convictions and felony sentences,' prison time served for reclassified offense cannot be basis for subsequent enhancement based on time served for a felony. |
Criminal Law and Procedure |
|
M. Smith | Jul. 2, 2018 |
|
B281767
|
People v. Olvera
Denial of motion to vacate no contest plea based on ineffective assistance of counsel affirmed where appellant fails to show counsel’s deficient performance. |
Immigration |
|
M. Tangeman | Jul. 2, 2018 |
|
D072389
|
In re A.R.
A juvenile court didn't abuse its discretion when it committed an 18-year old minor to seven years of confinement where the minor had a 5 year history of commitments to less restrictive programs. |
Juveniles |
|
R. Huffman | Jul. 2, 2018 |
|
B280646
|
People v. Littlefield
Appeal dismissed where court lacks jurisdiction to consider motion to vacate victim restitution per general principal that such courts generally lack jurisdiction to resentence defendant after sentence has begun. |
Criminal Law and Procedure |
|
H. Bendix | Jul. 2, 2018 |
|
B270903
|
People v. Almanza
Case remanded on rehearing in order to allow trial court to use its independent discretion to determine whether to strike or dismiss firearm enhancement pursuant to Penal Code Section 12022.53(h), as amended. |
Criminal Law and Procedure |
|
A. Gilbert | Jul. 2, 2018 |
|
A151603
|
Lo v. Lee
Under permissive statute allowing for creditors to reach and retrieve allegedly fraudulent transfer from party who 'benefitted' from transfer, party seeking return of tuition payments from student defendant did not state adequate claim. |
Civil Procedure |
|
R. Dondero | Jul. 2, 2018 |
|
17-55325
|
Pinkette Clothing v. Cosmetic Warriors
Laches defense not improper in Lanham Act trademark infringement suit, though suit brought within time before which registered marks don't yet become 'incontestable.' |
Intellectual Property |
|
J. Bybee | Jul. 2, 2018 |
|
17-742
|
Sause v. Bauer
Pro se plaintiff alleging facts supporting Fourth Amendment claim, even where said plaintiff instead pursues First Amendment grounds on appeal, should nonetheless have had the lower court analyze the Fourth Amendment claims. |
Constitutional Law |
|
P. Curiam (Cal Courts of Appeal) | Jun. 29, 2018 |
|
17-1106
|
Sexton v. Beaudreaux
Reviewing federal court must give some credence to potential basis upon which state court summarily denying habeas ruling could have decided the matter. |
Constitutional Law |
|
P. Curiam (USSC) | Jun. 29, 2018 |
|
17-1364
|
North Carolina v. Covington
Court order overriding legislature’s remedial map reversed in part where ‘state legislatures have primary jurisdiction over legislative reapportionment.’ |
Government |
|
P. Curiam (USSC) | Jun. 29, 2018 |
|
16-1146
|
Woman's Friend Clinic v. Becerra
Order |
|
Jun. 29, 2018 | ||
|
16-1153
|
Livingwell Medical Clinic v. Becerra
Order |
|
Jun. 29, 2018 |
