Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
D084179
|
People v. Gallardo
Trial court erroneously denied felony murder resentencing petition where it relied only on the prosecution's proffer and did not actually review the record of conviction. |
Criminal Law and Procedure |
|
J. McConnell | Sep. 24, 2024 |
A168043
|
Maxwell v. Atria Management Co., LLC
Trial court's denial of motion to compel arbitration was remanded to determine threshold issues, e.g., whether the durable power of attorney validly executed arbitration agreement on behalf of deceased. |
Arbitration, Health Care |
|
P. Siggins | Sep. 23, 2024 |
B325796
|
People v. Hughey
Because defendants' movement of employees to small safe room less than 40 feet was not "merely incidental" to defendants' robbery, simple kidnapping conviction was affirmed. |
Criminal Law and Procedure |
|
A. Gilbert | Sep. 23, 2024 |
22-16490
|
Arizona Alliance for Retired Americans v. Mayes
Ninth Circuit overturned *Havens Realty* two-part test for organizational standing because it conflicted with U.S. Supreme Court's *Hippocratic Medicine* three-part test. |
Constitutional Law |
|
K. Lee | Sep. 23, 2024 |
D083446
|
Review granted: Snap v. Superior Court (Pina)
A history of posts by an allegedly violent victim featuring the firearm used in his murder was sufficient for finding good cause for a subpoena of his social media history. |
Evidence |
|
J. McConnell | Sep. 23, 2024 |
B330202
|
Review granted: Cohen v. Superior Court (Schwartz)
Overruling *Riley v. Hilton Hotels Corp,* appellate court determined that Government Code Section 3600(a) only allows the government, not private individuals, to prosecute municipal code violations. |
Municipal Law |
|
B. Currey | Sep. 23, 2024 |
A168675
|
Anoke v. Twitter
No arbitration fee default where plaintiffs' counsel erroneously paid defendant's share of arbitration fees and defendant promptly paid after the mistake was corrected. |
Arbitration |
|
G. Burns | Sep. 20, 2024 |
G062071
|
People v. Kelly
Record of conviction with finding that defendant intended to kill but lacking a finding that defendant actually assisted the killer did not render him ineligible for felony murder resentencing. |
Criminal Law and Procedure |
|
W. Bedsworth | Sep. 20, 2024 |
A169465
|
Modification: Mayor v. Workers' Compensation Appeals Bd.
Workers' Compensation Appeals Board order granting reconsideration issued 144 days after petition was void because the Board lost jurisdiction over the matter after 60 days by operation of statute. |
Workers' Compensation, Administrative Agencies |
|
T. Brown | Sep. 20, 2024 |
B325563
|
Dignity Health v. Mounts
Granting anti-SLAPP special motion to strike was proper where surgeon failed to demonstrate probability of prevailing because hospital's adverse actions were shielded by the litigation and common interest privileges. |
Anti-SLAPP, Health Care |
|
K. Yegan | Sep. 19, 2024 |
B334060
|
Vaughn v. Superior Court (People)
Defendant was suitable for mental health diversion despite his minimal effort in the evaluation process. |
Criminal Law and Procedure |
|
G. Martinez | Sep. 19, 2024 |
21-30251
|
U.S. v. Sapalasan
Order |
|
Sep. 19, 2024 | ||
23-55655
|
Milos Product Tanker Corporation v. Valero Marketing and Supply Co.
District court erroneously found that defendant consignee breached a contract to pay freight costs, where defendant was not a party to the shipping contract and had not impliedly assumed the obligation to pay. |
Contracts, Maritime Law |
|
J. Hinderaker | Sep. 19, 2024 |
23-55469
|
Coastal Environmental Rights Foundation v. Naples Restaurant Group, LLC
Plaintiff's Clean Water Act case was rendered moot after defendant obtained necessary permit to allow for fireworks display over Los Angeles' bay. |
Environmental Law |
|
P. Bumatay | Sep. 19, 2024 |
A169080
|
People v. Valle
Officers did not violate Fourth Amendment by calling for canine unit before initiating traffic stop where dog arrived and alerted before initiating officer had finished writing the traffic ticket. |
Criminal Law and Procedure |
|
P. Siggins | Sep. 19, 2024 |
D083424
|
People v. Martinez
The Penal Code prohibits convicting a defendant of individual child molestation counts and continuous sexual abuse of a child for the same period. |
Criminal Law and Procedure |
|
D. Rubin | Sep. 19, 2024 |
B336233
|
People v. J.S.
Clear and convincing evidence supported juvenile court's finding that minor with extensive delinquent history was not amenable to rehabilitation while under its jurisdiction where charged crimes were serious and sophisticated. |
Juveniles |
|
K. Yegan | Sep. 19, 2024 |
S087560
|
People v. Nadey
Order |
|
Sep. 18, 2024 | ||
G061911
|
Modification: Samuelian v. Life Generations Healthcare, LLC
Where owners sell only partial interest in company, reasonableness standard rather than void per se must be applied to determine whether noncompete clause is valid. |
Contracts, Business Law |
|
E. Moore | Sep. 18, 2024 |
A168514
|
C.C. v. D.V.
Stipulated restraining order was a finding that restrained party had perpetrated domestic violence, triggering statutory rebuttable presumption that awarding the perpetrator custody was detrimental to the best interest of the child. |
Family Law |
|
V. Rodriguez | Sep. 18, 2024 |
A168300
|
City of Alameda v. Sheehan
Though trial court erred in determining that notice to pay rent or vacate required name of natural person not entity, judgment for tenant was still affirmed because of notice's other inaccuracies. |
Real Property |
|
T. Desautels | Sep. 18, 2024 |
20-70050
|
Singh v. Garland
In abstentia removal order was rescinded for a petitioner whose hearing was rescheduled two years earlier than the original date and whose attorney failed to file a notice of appearance. |
Immigration |
|
R. Gould | Sep. 18, 2024 |
A167089
|
Cardona v. Soto
Trial court's failure to record, or otherwise inform father of the substance of, daughter's in-chambers testimony violated father's due process rights in domestic violence proceeding. |
Family Law |
|
J. Humes | Sep. 18, 2024 |
A170984
|
Feehan v. Superior Court (Seto)
Courts have the authority to issue pendente lite visitation when a petitioner makes a prima facie case for parentage. |
Family Law |
|
I. Petrou | Sep. 17, 2024 |
E078241
|
Upland Community First v. City of Upland
Where substantial scientific and factual evidence supported project's use of emission's threshold amount, trial court erred in concluding otherwise. |
Environmental Law |
|
R. Fields | Sep. 17, 2024 |
21-15521
|
Spencer v. Pew
An officer's use of force, placing his weight on a handcuffed, previously resisting suspect, was not covered by qualified immunity. |
Qualified Immunity |
|
D. Collins | Sep. 17, 2024 |
22-35784
|
Lexington Insurance Co. v. Smith
Order |
|
Sep. 17, 2024 | ||
23-15878
|
D'Augusta v. American Petroleum Institute
Plaintiffs were jurisdictionally barred from pursuing antitrust lawsuit against oil companies' purported collusion with Russia, Saudi Arabia, and former President Trump when it would involve intruding into executive branch powers. |
Constitutional Law, Antitrust |
|
R. Nelson | Sep. 17, 2024 |
22-15109
|
International Petroleum Products and Additives Company, Inc. v. Black Gold S.A.R.L.
Bankruptcy Appellate Panel's order reversing denial of recognition of foreign bankruptcy proceedings did not result in retroactive triggering of the automatic stay as of the date of the denial. |
Bankruptcy |
|
C. Bea | Sep. 17, 2024 |
A169804
|
Cole v. Superior Court (People)
Because a rational basis existed for the statutory differences among the civil commitment statutes, individual with developmental disability's equal protection rights were not implicated. |
Criminal Law and Procedure |
|
A. Tucher | Sep. 16, 2024 |