| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
H050889
|
City of San Jose v. Howard Jarvis Taxpayers Association
Because pension benefits were an established debt that did not trigger the constitutional debt limitation, city was not required to seek voter approval for bonds financing the benefits. |
Government |
|
A. Danner | May 1, 2024 |
|
23-55188
|
Douglas Pell v. Amy Nunez
Law student failed to state a cognizable deprivation of rights under federal law because State Bar's action was merely advisory and without legal significance until approved by California Supreme Court. |
Attorneys, Civil Procedure |
|
S. Ikuta | May 1, 2024 |
|
20-15085
|
Diamond S.J. Enterprise, Inc., DBA S. J. Live v. City of San Jose
Nightclub's facial attack on San Jose nuisance ordinances failed because the challenged provisions did not give city officials unbridled discretion that created a risk of censorship. |
Constitutional Law, Municipal Law |
|
J. Nguyen | May 1, 2024 |
|
A166452
|
People v. Berlin
When prosecution fails to request victim restitution within the two-year mental health diversionary period, the trial court may not award restitution thereafter. |
Criminal Law and Procedure |
|
M. Simons | Apr. 30, 2024 |
|
S275940
|
People v. McDavid
Trial court had discretion to strike firearm enhancement under Section 12022.53 and impose any uncharged, lesser included enhancement for which the supporting facts were alleged and found true. |
Criminal Law and Procedure |
|
G. Liu | Apr. 30, 2024 |
|
B328209
|
People v. Fay
Trial court's acquiescence to prosecutor's misstatement of implied malice requirement necessitated reversal of defendant's conviction. |
Criminal Law and Procedure |
|
F. Rothschild | Apr. 30, 2024 |
|
23-852
|
San Luis Obispo Mothers For Peace v. U.S. Nuclear Regulatory Comm.
Nuclear Regulatory Commission's decision granting PG&E an exemption to the deadline for a federal license renewal application was not arbitrary, capricious, or contrary to law. |
Administrative Agencies |
|
C. Callahan | Apr. 30, 2024 |
|
20-35813
|
Hecox v. Little
Order |
|
Apr. 30, 2024 | ||
|
F084700M
|
Modification: Williams v. Doctors Medical Center of Modesto
Doctor was not precluded from bringing second lawsuit because the issues in the fee order and anti-SLAPP order were not identical. |
Anti-SLAPP |
|
C. Poochigian | Apr. 29, 2024 |
|
A166748
|
Kime v. Dignity Health, Inc.
Because hospital owner's decision to deny doctor staff privileges was based on an administrative decision, doctor was not entitled to hearing. |
Health Care |
|
M. Miller | Apr. 29, 2024 |
|
A167703
|
People v. Koontzy
Restitution order imposed as condition of probation rather than to directly address the victim's loss could not be modified after the criminal defendant's probation ended. |
Remedies, Criminal Law and Procedure |
|
M. Simons | Apr. 29, 2024 |
|
H050526
|
Beverage v. Apple, Inc.
Apple's unilateral market conduct was neither a violation of antitrust law nor unfair competition law. |
Antitrust, Consumer Law |
|
C. Adams | Apr. 29, 2024 |
|
22-55982
|
Keebaugh v. Warner Bros. Entertainment Inc.
Terms of Service, hyperlinked on game's start screen, was reasonably conspicuous, putting users who downloaded the game app on notice to terms requiring arbitration of claims. |
Arbitration |
|
M. Bennett | Apr. 29, 2024 |
|
23-15490
|
Assurance Wireless USA L.P. v. Reynolds
California Public Utilities Commission access line rule surcharges on telecommunications carriers were not inconsistent with or preempted by Federal Communications Commission rules. |
Utilities |
|
R. Nelson | Apr. 29, 2024 |
|
23-1120
|
In re: Maria Teresa Melendez Rey
Rental duplex did not qualify for California automatic homestead exemption because it was not necessary for her use even though it was located on the same parcel as her residence. |
Bankruptcy |
|
G. Spraker | Apr. 26, 2024 |
|
B323640
|
People v. Cunningham
Trial court correctly denied defendant relief under Penal Code Section 1172.6 (felony murder resentencing), which does not encompass the "provocative act" theory of murder. |
Criminal Law and Procedure |
|
K. Yegan | Apr. 25, 2024 |
|
C097235
|
LaMarr v. The Regents of the University of California
Because intent to terminate was never issued and employer's demotion was voluntary, substantial evidence supported that employee was not entitled to *Skelly* hearing. |
Employment Law |
|
R. Robie | Apr. 25, 2024 |
|
22-1969
|
National Labor Relations Board v. Siren Retail Corp.
National Labor Relations Board regional director acted within his discretion when he ordered mail-ballot election to select union representative where health data showed increase in COVID-19 cases. |
Labor Law, Administrative Agencies |
|
M. McKeown | Apr. 25, 2024 |
|
B327821
|
Vines v. O'Reilly Auto Enterprises
Trial court erred in granting interest on attorneys' fees award from the date of the original judgment, rather than the new judgment after reversal on appeal. |
Civil Procedure |
|
J. Segal | Apr. 25, 2024 |
|
E079741
|
Dougherty v. U.S. Behavioral Health Plan
Because company providing behavioral health services was not a health care service plan, it need not meet Health and Safety Code Section 1363.1's disclosure requirements to enforce arbitration. |
Arbitration, Health Care |
|
C. Codrington | Apr. 25, 2024 |
|
23-3754
|
Flathead-Lolo-Bitterroot v. State of Montana
Preliminary injunction was appropriate in Endangered Species Act lawsuit because claims raised a serious question on the merits and finding regarding threat of imminent harm was not wholly unsupported. |
Environmental Law |
|
M. Bennett | Apr. 24, 2024 |
|
B316971
|
Norman v. Ross
Trial court erroneously denied defendants' Anti-SLAPP motion, where plaintiff's claims about allegedly stolen TV idea arose from defendants' protected activity. |
Anti-SLAPP |
|
A. Collins | Apr. 24, 2024 |
|
B328425
|
Mondragon v. Sunrun Inc.
Former employee may continue his individual PAGA claims in court when circumstances surrounding arbitration agreement did not evidence parties' clear intent for arbitrator to decide arbitrability issues. |
Arbitration, Employment Law |
|
J. Segal | Apr. 24, 2024 |
|
B314426
|
Sam v. Kwan
Summary judgment based on bona fide purchaser doctrine was improperly granted when there were obvious factual disputes as to whether purchaser was adequately diligent. |
Real Property |
|
J. Wiley | Apr. 23, 2024 |
|
B317061
|
Dubac v. Itkoff
Homeowners' statements to their HOA were not made in connection with a public issue of public interest because they were private name-calling made to a handful of people. |
Anti-SLAPP |
|
J. Wiley | Apr. 23, 2024 |
|
22-55744
|
Lytle v. Nutramax Laboratories,Inc.
At the class certification stage, plaintiffs may use a reliable, unexecuted damages model to show that damages are susceptible to common proof. |
Civil Procedure, Consumer Law |
|
J. Rakoff | Apr. 23, 2024 |
|
22-15889
|
Mattioda v. Nelson
NASA scientist met pleading standard for hostile-work-environment claim when he stated that harassment began after informing superior of his disability. |
Disability Discrimination, Employment Discrimination |
|
D. Forrest | Apr. 23, 2024 |
|
22-70129
|
Fejes v. Federal Aviation Administration
FAA Administrator was required to revoke pilot's certificate where pilot knowingly used an aircraft to distribute marijuana even though the activity was limited to a state where marijuana was legal. |
Administrative Agencies |
|
R. Nelson | Apr. 23, 2024 |
|
S277120
|
Ruelas v. County of Alameda
Nonconvicted incarcerated individuals providing labor for a for-profit private company to supply meals within a county jail do not have a claim for minimum and overtime wages. |
Prisoners Rights, Employment Law |
|
K. Evans | Apr. 23, 2024 |
|
S273797
|
People v. Reynoza
A conviction under Penal Code Section 136.1(b)(2) may not be based solely on proof that a defendant dissuaded an individual from "assisting in the prosecution" of an already-filed charging document. |
Criminal Law and Procedure |
|
P. Guerrero | Apr. 23, 2024 |
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