| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
E079078
|
Howard Jarvis Taxpayers Assn. v. Powell
Public interest exemption to anti-SLAPP statute did not apply because no public interest was advanced by suing individual defendants for relief that only defendant Water District could provide. |
Anti-SLAPP, Municipal Law |
|
M. Raphael | Oct. 15, 2024 |
|
B327745
|
Gorobets v. Jaguar Land Rover North America, LLC
Plaintiff's rejection of simultaneous offers to compromise warranted cost shifting where one offer was invalid but the other was valid and the plaintiff failed to achieve a more favorable judgment. |
Civil Procedure |
|
B. Hoffstadt | Oct. 14, 2024 |
|
23-2443
|
U.S. v. Korotkiy
Chief Engineer of foreign-flagged ship may be held criminally liable for inaccurate records of "oily bilge water" dumping in U.S. waters. |
Maritime Law, Environmental Law |
|
S. Mendoza | Oct. 14, 2024 |
|
23-179
|
Total Terminals International v. Director, Office of Worker's Compensation
An injured longshoreman with hearing loss in only one ear but bilateral tinnitus is properly compensated at the statutory rate for hearing loss in one ear. |
Workers' Compensation |
|
D. Bress | Oct. 14, 2024 |
|
D082997
|
Ramirez v. City of Indio
City Manager was not bound by an arbitrator's findings with respect to the evidence supporting termination of a police officer under the City of Indio's Memorandum of Understanding. |
Government, Employment Law |
|
J. Kelety | Oct. 14, 2024 |
|
G063872
|
Katayama v. Continental Investment Group
Trial court erred in determining that plaintiff's response to requests for admission, including waived objections, failed Code of Civil Procedure Section 2033.220 "substantial compliance" requirement. |
Civil Procedure |
|
K. O'Leary | Oct. 11, 2024 |
|
B328160
|
People v. SanMiguel
No substantial likelihood that peremptory challenge to juror was based on his race where trial court also observed the behaviors proffered as the basis for the challenge. |
Criminal Law and Procedure, Civil Procedure |
|
A. Gilbert | Oct. 10, 2024 |
|
23-35014
|
Montana Medical Association v. Knudsen
The Americans With Disabilities Act does not facially preempt Montana HB 702, which prohibits discrimination based on vaccination status, in health care settings. |
Disability Discrimination, Health Care |
|
D. Bress | Oct. 10, 2024 |
|
C101151
|
Save Our Capitol! v. Dept. of General Services
Senate Bill 174--which limited Plaintiffs' CEQA challenges to a project concerning changes to the State Capitol--did not violate Article IV, Section 28 of the California Constitution. |
Environmental Law, Constitutional Law |
|
S. Boulware Eurie | Oct. 9, 2024 |
|
A167698
|
Modification: Sunflower Alliance v. California Dept. of Conservation
Project to convert an oil well, which formerly pumped oil and water from an aquifer, into an injection well, which would pump excess water back into the aquifer, was a CEQA exempt negligible change. |
Environmental Law |
|
G. Burns | Oct. 9, 2024 |
|
F087132
|
Union Pacific Railroad Co. v. Superior Court (Abrams)
Landowner did not have a duty to remove tree or otherwise take protective measures to protect drivers who veered off the highway from the tree's alleged dangerous condition. |
Torts |
|
M. Snauffer | Oct. 9, 2024 |
|
22-16539
|
U.S. v. Elmore
Remand was necessary to allow district court to determine whether state-level murder's elements constituted a crime of violence and could serve as predicate for murder in aid of racketeering conviction. |
Criminal Law and Procedure |
|
R. Paez | Oct. 9, 2024 |
|
23-973
|
Meza Diaz v. Garland
Failure to consider probative evidence establishing a nexus between harm and a petitioner's membership in a protected social group required a remand of an asylum petition. |
Immigration |
|
R. Paez | Oct. 9, 2024 |
|
24-90080
|
In re Complaint of Judicial Misconduct
Order |
|
Oct. 9, 2024 | ||
|
G062697
|
People v. Moseley
When sentencing qualifying veteran defendants or current military members, trial courts have mandatory statutory obligations to consider a veteran defendant's service-related post-traumatic stress disorder. |
Veterans' Affairs, Criminal Law and Procedure |
|
E. Moore | Oct. 9, 2024 |
|
A167779
|
Kramer v. Coinbase, Inc.
Trial court did not err in concluding that plaintiffs were not required to arbitrate their consumer law, public injunctive relief claims against cryptocurrency company. |
Arbitration, Consumer Law |
|
I. Petrou | Oct. 8, 2024 |
|
B331970
|
Lathrop v. Thor Motor Coach, Inc.
Burden of showing forum selection clause was unreasonable was improperly placed on consumers rather than party seeking to enforce the clause where consumers' claims involved unwaivable statutory rights. |
Consumer Law, Civil Procedure |
|
J. Segal | Oct. 8, 2024 |
|
B338090
|
Liu v. Miniso Depot CA, Inc.
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act exempts an entire case from arbitration where plaintiff asserts at least one sexual harassment claim subject to the act. |
Arbitration, Employment Law |
|
G. Weingart | Oct. 8, 2024 |
|
D082126
|
People v. Dorado
Dual use of same aggravating factor to impose both full, consecutive terms for sex offenses and upper terms for those same counts was error. |
Criminal Law and Procedure |
|
T. Do | Oct. 7, 2024 |
|
C099086
|
Yolo Land and Water Defense v. County of Yolo (Teichert Inc.)
Although petitioner elected to prepare the administrative record, County was properly awarded costs for preparing documents requested pursuant to the California Environmental Quality Act. |
Environmental Law |
|
L. Mauro | Oct. 7, 2024 |
|
H051526
|
E.G. v. M.L.
Social media posts revealing personal information (doxxing) of a parent's former romantic partner constituted the course of conduct necessary to grant a restraining order. |
Family Law |
|
A. Danner | Oct. 7, 2024 |
|
23-95
|
Singh v. Garland
BIA made an erroneous adverse credibility determination of asylum applicant based on the perceived similarities between his case and those of other applicants from the same region. |
Immigration |
|
G. Sanchez | Oct. 7, 2024 |
|
B328439
|
People v. Knowles
Trial court was not required to consider mitigating factors that did not contribute to a defendant's conduct in a voluntary manslaughter sentencing. |
Criminal Law and Procedure |
|
G. Weingart | Oct. 7, 2024 |
|
C095050
|
In re Maury
Despite capital defendant's objection to counsel's presentation of mitigation evidence, *McCoy* was not implicated where defendant personally requested that the jury give him the death penalty. |
Criminal Law and Procedure |
|
E. Duarte | Oct. 4, 2024 |
|
23-90082
|
In re Complaint of Judicial Misconduct
Order |
|
Oct. 4, 2024 | ||
|
B325948
|
People v. Harris
Despite initially ruling that defendant was entitled to resentencing, trial court had inherent authority to reconsider its decision and deny resentencing. |
Criminal Law and Procedure |
|
R. Adams | Oct. 3, 2024 |
|
D082304
|
People v. Ellis
Admission of propensity evidence of uncharged acts and instructing jury accordingly was not error where trial court conducted the analysis required by Evidence Code Section 352 pretrial. |
Criminal Law and Procedure, Evidence |
|
J. Castillo | Oct. 2, 2024 |
|
23-16082
|
Bennett v. Isagenix International, LLC
District court erred in treating the parties' contractual limitation on consequential damages as a basis for finding irreparable harm. |
Contracts |
|
D. Collins | Oct. 2, 2024 |
|
09-99002
|
Lee v. Thornell
Order |
|
Oct. 2, 2024 | ||
|
A168296
|
Wentworth v. Regents of the University of California
Trial court erred in granting summary adjudication to U.C. Berkeley assistant professor's invasion of privacy claim. |
Employment Law |
|
T. Brown | Oct. 2, 2024 |