| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
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 |
|
B330281
|
Doe v. Second Street Corp.
Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act rendered an arbitration provision unenforceable as applied to conduct that began prior to and continued following the statute's effective date. |
Arbitration |
|
L. Edmon | Oct. 2, 2024 |
|
22-50287
|
U.S. v. Patterson
A hate crime motivation enhancement required a finding beyond a reasonable doubt of defendant's animus toward a protected category as the motivation for targeting the victim. |
Criminal Law and Procedure |
|
A. Tashima | Oct. 2, 2024 |
|
22-60052
|
In re: Powell v. Van Meter
Order granting voluntary dismissal of Chapter 13 bankruptcy case was proper because the debtor had an absolute statutory right to dismiss his petition. |
Bankruptcy |
|
J. Sung | Oct. 2, 2024 |
|
23-55116
|
Bowen v. Energizer Holdings, Inc.
District court erred in determining consumer lacked standing to pursue false advertising claim against sunscreen company where merits and jurisdictional issues were intertwined. |
Consumer Law, Civil Procedure |
|
S. Mendoza | Oct. 2, 2024 |
|
22-50023
|
U.S. v. Solakyan
Honest-services mail fraud extends to the doctor-patient relationship and encompasses schemes that deprive patients of their intangible right to honest services by their physicians. |
Criminal Law and Procedure |
|
G. Sanchez | Oct. 1, 2024 |
|
22-16328
|
Mooney v. Fife
Summary judgment improper where employee made prima facie showing of retaliation under False Claims Act and genuine issues of fact existed regarding whether proffered explanation for his termination was pretextual. |
Employment Law |
|
M. Bennett | Oct. 1, 2024 |
|
23-55375
|
Terpin v. AT&T Mobility LLC
Victim of a SIM-swap scheme had a plausible Federal Communications Act claim against his carrier because, although the carrier did not disclose protected information, it still gave access to the information. |
Cyber Law |
|
R. Desai | Oct. 1, 2024 |
|
A167964
|
People v. Briscoe
Penal Code Section 3051 violated equal protection as applied to defendant's challenge to life without parole sentence for special circumstance murder. |
Criminal Law and Procedure |
|
D. Douglas | Sep. 27, 2024 |
|
22-56014
|
U.S. v. California Stem Cell Treatment Center
Tromal vascular fraction treatment is a "drug" under the Food, Drug, and Cosmetic Act and therefore subject to Food and Drug Administration regulation. |
Administrative Agencies |
|
M. Friedland | Sep. 30, 2024 |
|
22-35674
|
Gregory v. State of Montana
District court improperly imposed severe evidentiary sanctions against defendants who had not displayed the requisite intent to destroy surveillance footage. |
Evidence, Civil Procedure |
|
D. Collins | Sep. 30, 2024 |
|
F086151
|
People v. Gallegos
Petitioner who pled no contest to voluntary manslaughter after imputed malice theories of murder had been statutorily eliminated was ineligible for resentencing relief. |
Criminal Law and Procedure |
|
J. Detjen | Sep. 27, 2024 |
|
B333022
|
Enmark v. KC Community Care
Conservatorship order did not confer authority to bind conservator to arbitration. |
Arbitration |
|
E. Lui | Sep. 27, 2024 |
|
A168129
|
People v. Hersom
A defendant who was absent on the second day of jury selection was found to be voluntarily absent and therefore denied a new trial. |
Criminal Law and Procedure |
|
J. Humes | Sep. 27, 2024 |
|
23-15108
|
Amended Opinion: Civil Beat Law Center v. Maile
Hawai'i Court Records Rule mandating categorical sealing of all medical and health records filed in state court proceedings was unconstitutionally overbroad. |
Constitutional Law |
|
R. Paez | Sep. 27, 2024 |
|
A168163
|
Friends of the South Fork Gualala v. Dept. of Forestry & Fire Protection
Trial court did not err in denying application for disability accommodation where numerous continuance accommodations had already been granted and significantly delayed the CEQA lawsuit. |
Civil Procedure, Attorneys |
|
J. Streeter | Sep. 30, 2024 |
|
F084229
|
California Natural Gas Vehicle Coalition v. State Air Resources Bd.
Rejection of particular proposed alternative to proposed regulation did not violate CEQA where the alternative was fundamentally opposed to the regulation's purpose and other reasonable alternatives were considered and rejected. |
Environmental Law |
|
B. Hill | Sep. 26, 2024 |
|
A165493
|
A.H. v. Tamalpais Union High School Dist.
Despite jury finding school district 100 percent liable for employee's sexual abuse, no error where trial court's jury instruction sufficiently and properly delineated legal rules. |
Education |
|
M. Miller | Sep. 26, 2024 |
|
B326716
|
Marriage of Cady and Gamick
Welfare and Institutions Code Section 12350 does not absolve parents of the duty to support an adult disabled child under Family Code Section 3910. |
Family Law |
|
G. Weingart | Sep. 26, 2024 |
|
B332566
|
People v. Mason
Overturning *People v. Hardy*, appellate court ruled that defendant's life without possibility of parole sentence could not be doubled under the Three Strikes Law, Penal Code Section 667(e)(1). |
Criminal Law and Procedure |
|
E. Lui | Sep. 26, 2024 |
|
C098684
|
People v. Zavala
Testimony provided by defendant during a probation hearing was admissible for a resentencing hearing under Penal Code 1172.6. |
Criminal Law and Procedure |
|
R. Wiseman | Sep. 26, 2024 |
|
G064127
|
People v. Reid
Strangling a domestic partner such that normal breathing or blood flow was impeded constituted a "traumatic condition" under the Penal Code. |
Criminal Law and Procedure |
|
E. Moore | Sep. 26, 2024 |
|
G062886
|
Campbell v. Sunshine Behavioral Health
Party seeking to compel arbitration waived its right where it acted as though it intended to litigate the claim and eventually entering a joint stipulation to participate in mediation. |
Arbitration |
|
E. Moore | Sep. 26, 2024 |
|
B334522
|
Rivera v. Superior Court (Ford Motor Company)
Manufacturer Ford Motor Co. could not compel arbitration as a third-party beneficiary to car sale contract. |
Arbitration, Consumer Law |
|
A. Gilbert | Sep. 25, 2024 |
|
B324418
|
Modification: Valdovinos v. Kia Motors America, Inc.
To determine whether civil penalties could be imposed, new trial was necessary to determine whether Kia Motors' breach of Beverly-Song Act was willful. |
Consumer Law |
|
B. Hoffstadt | Sep. 25, 2024 |
|
E081230
|
Miller v. California Dept. of Corrections and Rehabilitation
Defendant employer's potential liability under other Fair Employment and Housing Act provisions was not a material dispute of fact allowing disability discrimination claim to survive summary adjudication. |
Employment Discrimination |
|
R. Fields | Sep. 25, 2024 |
|
22-15862
|
Stein v. Kaiser Foundation Health Plan, Inc.
The False Claim Act's first-to-file rule is not jurisdictional. |
Government, Civil Procedure |
|
D. Forrest | Sep. 25, 2024 |
|
B331247
|
Kim v. Uber Technologies, Inc.
Uber was not liable for driver who logged off from the Uber driver app and struck a pedestrian minutes later. |
Employment Law, Torts |
|
E. Grimes | Sep. 24, 2024 |
|
23-15335
|
Hyer v. City and County of Honolulu
Excluding expert reports in their entirety was error where the reports relied on facts that were not in evidence and were not speculative or unreliable, and exclusion resulted in prejudice. |
Evidence |
|
R. Paez | Sep. 24, 2024 |
|
23-55120
|
Martell v. Cole
Defendant's guilty plea to resisting arrest did not preclude his civil excessive force claim where his guilty plea did not specify which acts of resistance were the basis for the plea. |
Civil Rights, Criminal Law and Procedure |
|
W. Fletcher | Sep. 24, 2024 |
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