| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
E082401
|
In re D.M.
Termination of parental rights was appropriate despite failure to inquire with extended family regarding child's possible indigenous heritage because the child was placed in temporary custody pursuant to a warrant. |
Dependency |
|
F. Menetrez | May 9, 2024 |
|
23-55133
|
Jane Doe v. Bonta
California legislation enabling firearm violence research using California Department of Justice databases did not violate registered gun owners' privacy rights. |
Constitutional Law |
|
M. Schroeder | May 9, 2024 |
|
19-72446
|
Suate-Orellana v. Garland
Board of Immigration Appeals' failure to consider asylum seeker's argument that her removal notice was legally deficient merited remand of her case for reconsideration of her claim in light of intervening authorities. |
Immigration |
|
J. Nguyen | May 8, 2024 |
|
A169321
|
Byers v. Superior Court
By putting at issue attorney fees they incurred seeking coverage under their insurance policy, plaintiffs waived the attorney-client privilege as to documents supporting their fees claim. |
Attorneys |
|
T. Jackson | May 8, 2024 |
|
B324572
|
People v. Palacios
A resentencing hearing under Penal Code section 1172.6 does not provide the petitioner a new opportunity to raise claims of trial error. |
Criminal Law and Procedure |
|
A. Egerton | May 7, 2024 |
|
22-1978, 22-1804
|
Amending Order: Valley Hospital Medical Center, Inc. v. National Labor Relations Board
Ninth Circuit's remand order did not foreclose the National Labor Relations Board from changing its ruling and interpretation of the National Labor Relations Act. |
Labor Law |
|
D. O'Scannlain | May 7, 2024 |
|
S279397
|
Naranjo v. Spectrum Security Services, Inc.
Employers are not subject to civil penalties for failure to comply with wage statement requirements when they had a reasonable good faith belief they complied with Labor Code Section 226. |
Employment Law, Remedies |
|
L. Kruger | May 7, 2024 |
|
F086342
|
Reynosa v. Superior Court (Advanced Transportation Services, Inc.)
Employee was not barred from withdrawing from arbitration by continuing to participate in the arbitration where employer failed to timely pay arbitration fees. |
Arbitration, Remedies |
|
J. Detjen | May 7, 2024 |
|
B318672
|
In re Kieran S.
Despite *In re N.R.*'s ruling, where parent's substance abuse put child at substantial risk of serious physical harm, juvenile court's decision to remove child from parent was appropriate. |
Dependency |
|
J. Segal | May 7, 2024 |
|
D080941
|
People v. Lovejoy
Criminal defendant was ineligible for resentencing relief from attempted murder conviction because conviction for conspiracy to commit murder demonstrated intent to kill. |
Criminal Law and Procedure |
|
W. Dato | May 6, 2024 |
|
F085895
|
People v. Patton
Unlawful overlapping conviction for continuous sexual abuse was vacated where defendant's convictions and sentences for discrete sexual offenses during same period against same victim were more commensurate with his culpability. |
Criminal Law and Procedure |
|
M. Snauffer | May 6, 2024 |
|
B315256
|
People v. Plains All American Pipeline, LP
Trial court erroneously denied restitution for victims of environmental crime based on their mediated civil settlements and class action lawsuits. |
Remedies, Environmental Law |
|
H. Baltodano | May 6, 2024 |
|
B325798
|
Stiles et al. v. Kia Motors America, Inc.
Car sold with manufacturer's original warranties benefited from the Song-Beverly Act's repair or replace remedies despite being previously owned. |
Consumer Law |
|
A. Gilbert | May 6, 2024 |
|
G061829
|
Masimo Corporation v. The Vanderpool Law Firm, Inc.
Law firm's withdrawal from representation did not insulate it from sanctions for its prior discovery misuse. |
Attorneys |
|
W. Bedsworth | May 6, 2024 |
|
A167331
|
In re Randy C.
Pursuant to Fourth Amendment's automobile exception, officer had probable cause to search juvenile driver's vehicle after seeing unsmoked marijuana blunt on passenger's lap. |
Criminal Law and Procedure |
|
T. Jackson | May 6, 2024 |
|
22-16711
|
Public Employees Retirement Association of New Mexico v. Earley
Staying securities fraud proceedings as to individual defendants during corporate Chapter 11 proceedings for judicial efficiency was inappropriate without weighing potential prejudice to shareholder plaintiffs in the fraud action. |
Civil Procedure, Bankruptcy |
|
D. Forrest | May 6, 2024 |
|
21-55038
|
Bradford v. Paramo
Denial of habeas petition was reversed where state court concluded that because excluding exculpatory evidence was consistent with the rules of evidence, there was no constitutional violation. |
Constitutional Law, Criminal Law and Procedure |
|
J. Rawlinson | May 6, 2024 |
|
C099704
|
H.A. v. Superior Court (San Joaquin County Human Services Agency)
Agency and juvenile court failed to meet Indian Child Welfare Act's statutory duty to further inquire when its investigation ceased after parents validated they had no Native American background. |
Dependency |
|
R. Robie | May 6, 2024 |
|
B326131
|
People v. Garcia
Trial court did not abuse discretion in rejecting Penal Code Section 1172.75(a)'s mandate invalidating prior sentence enhancements when evidence clearly supported that defendant was still dangerous to society. |
Criminal Law and Procedure |
|
G. Feuer | May 3, 2024 |
|
20-50345
|
U.S. v. Anderson
An officer's non-compliance with department policy governing inventory searches is not fatal to the inventory search exception but it may suggest impermissible motives. |
Criminal Law and Procedure, Constitutional Law |
|
D. Forrest | May 3, 2024 |
|
22-50064
|
U.S. v. Lucas
Under advisory U.S. Sentencing Guidelines, appropriate standard of proof for factual findings is a preponderance of the evidence even for potentially large sentencing enhancements. |
Criminal Law and Procedure |
|
M. Murguia | May 3, 2024 |
|
S267522
|
People v. Flores
Defendant's presence in high crime area and seemingly odd behavior after spotting police did not justify reasonable suspicion of criminal activity, so officers' ensuing detention and search were unconstitutional. |
Criminal Law and Procedure |
|
C. Corrigan | May 3, 2024 |
|
A165198
|
People v. Coleman
Order |
|
May 3, 2024 | ||
|
C097382
|
Sacramento Municipal Utility District v. Kwan
Trial court's award of monetary damages was proper where substantial evidence supported that defendant aided and abetted diversion of utility for cannabis operation. |
Utilities |
|
R. Robie | May 2, 2024 |
|
A168427
|
Sutter's Place v. California Gambling Control Commission
Gambling Control Commission may deny applicant's request for increase in gaming tables when local government ordinance allowing for increase failed to comply with state law. |
Gaming |
|
J. Streeter | May 2, 2024 |
|
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 |
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