Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
22-10044
|
U.S. v. Scheu
Given that defendant's actions clearly met dictionary and guideline commentary definitions of abduction, district court's application of four-level sentencing enhancement was appropriate. |
Criminal Law and Procedure |
|
M. Hawkins | Aug. 3, 2023 |
22-15162
|
Amended Opinion: Lowery v. Rhapsody International, Inc.
In copyright case, district court erred in awarding over $1.7 million in attorneys' fees when the class members' actual recovery amount was only a little over $50,000. |
Civil Procedure |
|
K. Lee | Aug. 3, 2023 |
B314973
|
Coalition of County Unions v. Los Angeles County Bd. of Supervisors
Amendment requiring 10% of Los Angeles County revenues go to community investment was valid since it was grounded in the County's authority to provide for the operation of local government. |
Constitutional Law |
|
L. Edmon | Aug. 2, 2023 |
21-10369
|
U.S. v. Hougen
Congress has authority under the Thirteenth Amendment to pass 18 U.S.C. § 249(a)(1) which imposes criminal liability for bodily injury to another because of their race or religion. |
Criminal Law and Procedure |
|
R. Gould | Aug. 2, 2023 |
22-55254
|
Persian Broadcast Service Global, Inc. v. Walsh
Termination of E-3 visa did not end company's obligation to pay wages or constitute an exception to the Labor Condition Application. |
Employment Law |
|
L. VanDyke | Aug. 2, 2023 |
21-16559
|
Raidoo v. Moylan
Abortion law requiring women in Guam to attend in-person informational meeting before receiving an abortion survived rational basis review. |
Health Care |
|
K. Lee | Aug. 2, 2023 |
A165298
|
People v. Gruis
Probation condition disallowing possession of any pornographic materials was unconstitutionally vague. |
Criminal Law and Procedure |
|
C. Fujisaki | Aug. 2, 2023 |
A163638
|
Vilches v. Leao
Defendant therapist was not required to grant plaintiff parent access to his daughter's patient records because the therapist determined that granting access would have a detrimental effect on the patient. |
Health Care |
|
T. Brown | Aug. 1, 2023 |
22-35047
|
The Oregon Clinic, PC. v. Fireman's Fund Insurance Co.
Under Oregon law, insured's mere loss of use of property due to COVID-19 was not covered under commercial insurance property because it did not allege direct physical loss or damage of the property. |
Insurance |
|
M. Murguia | Aug. 1, 2023 |
21-70282
|
City and County of San Francisco v. U.S. Environmental Protection Agency
EPA had authority under Clean Water Act to include in San Francisco's pollutant discharge permit two general narrative prohibitions on discharges that cause or contribute to violations of water quality standards. |
Environmental Law |
|
W. Fletcher | Aug. 1, 2023 |
S263180
|
Boermeester v. Carry
Doctrine of fair procedure did not require private university to hold a live hearing with cross examination before expelling student accused of intimate partner violence. |
Education |
|
J. Groban | Aug. 1, 2023 |
A164432
|
Modification: In re D.L.
Statutory provision criminalizing possessing a loaded firearm in public was not unconstitutional even though "good cause" licensing requirement of related statutory scheme was unconstitutional because the invalid provision was severable. |
Constitutional Law |
|
M. Markman | Aug. 1, 2023 |
B321229
|
Pollock v. Superior Court (Schuster)
Plaintiff's counsel reasonably cured the written discovery defect by providing a table that listed which documents applied with each request for production, which gave substantial justification to oppose motion to compel further response. |
Civil Procedure |
|
V. Chaney | Aug. 1, 2023 |
C096555
|
People v. Suggs
Evidence uncovered during vehicle search should have been suppressed where the searching officer unconstitutionally prolonged the traffic stop after learning his reason for initiating the stop was invalid. |
Criminal Law and Procedure |
|
S. Boulware Eurie | Aug. 1, 2023 |
D080122
|
Aton Center v. United Healthcare Insurance Co.
Substance abuse treatment center's implied contract claim against insurance companies failed because there was no outward manifestation from the insurer's representatives about the reimbursement rate. |
Contracts |
|
T. Do | Jul. 31, 2023 |
B321967
|
In re Jayden M.
The reasonableness of a parent's efforts to address a problem that led to termination of parental rights is to be measured from the point at which the first sibling or half sibling is removed for the same reasons that underlie the current case. |
Dependency |
|
B. Hoffstadt | Jul. 31, 2023 |
B317420
|
Modification: Ridec LLC v. Hinkle
Deed of trust still valid where quiet title judgment regarding the subject property was later set aside for fraud because the encumbering party had no knowledge of the judgment's defects. |
Real Property |
|
B. Hoffstadt | Jul. 31, 2023 |
B322608
|
People v. Escobedo
Order denying freestanding petitions for resentencing was not appealable as an order affecting the petitioners' substantive rights as the trial court lacked jurisdiction to adjudicate the petitions. |
Criminal Law and Procedure |
|
K. Yegan | Jul. 31, 2023 |
A163543
|
Doe v. CFR Enterprises, Inc.
Assembly Bill 2777's extended statute of limitations applies to *any* civil action for recovery of damages suffered as a result of sexual assault. |
Torts |
|
M. Miller | Jul. 31, 2023 |
22-35604
|
Castleman v. Burman
Post-petition increase in Chapter 13 bankruptcy debtors' home's value became the property of the bankruptcy estate upon the conversion of their case to Chapter 7. |
Bankruptcy |
|
M. Hawkins | Jul. 31, 2023 |
A165017
|
Modification: People v. Wadleigh
Officer's description of sexually suggestive images in search warrant application established probable cause that defendant possessed child pornography despite not including the images with the application. |
Criminal Law and Procedure |
|
J. Goldman | Jul. 31, 2023 |
C097090
|
People v. Valle
Victim restitution laws did not allow for victim to keep her phone that was left behind when she escaped a physical altercation, but later was returned, and also be awarded the cost of the phone. |
Remedies |
|
S. Mesiwala | Jul. 31, 2023 |
B314900
|
Dollase v. Wanu Water Inc.
Despite not including a responsive pleading, motion to vacate default judgment was in the proper form where the defendant demonstrated it attempted to file motion to quash service. |
Civil Procedure |
|
E. Grimes | Jul. 31, 2023 |
D081640
|
Carpenter v. Superior Court (People)
Amendments to California's Reproductive Privacy Act did not immunize defendant from criminal prosecution for omissions and acts following home birth that resulted in baby's death. |
Criminal Law and Procedure |
|
M. Buchanan | Jul. 31, 2023 |
A164531
|
640 Octavia v. Pieper
Tenants' evidence of prior negative interactions with San Francisco landlord were irrelevant to unlawful detainer action and landlord's bona fide intent to remove the property from the rental market. |
Real Property |
|
M. Markman | Jul. 28, 2023 |
A166582
|
Vinson v. Kinsey
When assessing domestic violence restraining order requests, determining "threatening" behavior requires trial courts to consider the totality of circumstances, not just narrowly focusing on victim's behavior. |
Family Law |
|
T. Stewart | Jul. 28, 2023 |
22-70092
|
Kirkland v. USBC, Los Angeles
Mandamus relief warranted where the rule governing subpoena power had not changed and did not except remote appearances from geographical limitations on power to compel witnesses to testify at trial. |
Civil Procedure |
|
D. Forrest | Jul. 28, 2023 |
18-71987
|
Duenas v. Garland
The appointment and removal processes for Immigration Judges and BIA members comport with Article II of the Constitution, because they are inferior officers, rather than principal officers. |
Immigration |
|
K. Lee | Jul. 28, 2023 |
S272166
|
Doe v. Superior Court (Mountain View School District)
Though evidence of another molestation incident involving plaintiff sexual abuse victim may be admissible, it still requires a hearing to be reviewed and scrutinized for undue prejudice. |
Evidence |
|
P. Guerrero | Jul. 28, 2023 |
B320483
|
Park v. Nazari
The court affirmed the dismissal of defendants' anti-SLAPP motion to strike the entire complaint because defendants did not identify which specific claims for relief arose from protected activity. |
Anti-SLAPP |
|
L. Baker | Jul. 27, 2023 |