| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
G062856
|
Clarke v. Gordon
Administrative per se hearing violated due process where record indicated hearing officer had acted as adjudicator and advocate despite stating she was only acting as trier of fact. |
Administrative Agencies, Constitutional Law |
|
T. Goethals | Sep. 16, 2024 |
|
S275578
|
Modification: In re Dezi C.
Failure to conduct an adequate inquiry under the Indian Child Welfare Act requires conditional reversal to comply with the statute's inquiry provisions. |
Dependency |
|
Sep. 16, 2024 | |
|
F085868
|
Review granted: People v. Williams
Trial court's denial of defendant's Penal Code Section 1172.6 resentencing request based on review of preliminary hearing transcripts and plea colloquy was improper. |
Criminal Law and Procedure |
|
Sep. 16, 2024 | |
|
D081878
|
Review granted: People v. Meno
A sentence for lesser included necessary offense to a larger conviction could stand provided a defendant was not also sentenced for the greater offense. |
Criminal Law and Procedure |
|
J. Kelety | Sep. 16, 2024 |
|
20-71765
|
League of California Cities v. Federal Communications Commission
Federal Communications Commission's subsequent order--clarifying wireless towers' concealment and siting requirements--was an impermissible, unlawful legislative act. |
Administrative Agencies, Municipal Law |
|
P. Curiam (9th Cir.) | Sep. 16, 2024 |
|
B332002
|
In re Gilberto G.
Evidence of single instance of alcohol abuse while caring for children did not support finding mother posed risk of danger to her children at the time of the jurisdiction hearing. |
Dependency |
|
J. Segal | Sep. 16, 2024 |
|
A166690
|
Review granted: Keeton v. Tesla
Tesla materially breached arbitration agreement by paying pre-hearing arbitration deposit three days late because CCP Section 1281.98's 30-day payment requirement must be strictly enforced. |
Arbitration |
|
M. Langhorne Wilson | Sep. 16, 2024 |
|
C100191
|
City of Gridley v. Superior Court (McMillan)
City's decrease of existing electric utility rates did not violate the California Constitution because it did not impose, extend, or increase any tax or rate. |
Constitutional Law, Utilities |
|
S. Boulware Eurie | Sep. 13, 2024 |
|
A166228
|
San Francisco Apartment Assn. v. City and County of San Francisco
San Francisco's ordinance extending 3-day notice to 10 days for landlords pursuing at-fault evictions was completely preempted by state law. |
Municipal Law, Real Property |
|
T. Desautels | Sep. 13, 2024 |
|
21-17083
|
Amended Opinion: U.S. v. Page
Statute of limitations for action to recover erroneous tax refund did not begin to run until the check clearance date because that was when the refund was made, not when the taxpayer received the check. |
Tax |
|
R. Desai | Sep. 13, 2024 |
|
23-55613
|
Live Life Bella Vita, LLC v. Cruising Yachts, Inc.
A third party seeking indemnity from a vessel owner in a claim covered by the Limitation of Liability Act is a separate claimant for the purposes of the Act. |
Maritime Law |
|
M. Murguia | Sep. 13, 2024 |
|
23-281
|
U.S. v. Avendano-Soto
*Montoya*'s pronouncement requirement was met where district court ensured defendant reviewed and understood presentencing report which incorporated probation requirements. |
Criminal Law and Procedure |
|
M. Bennett | Sep. 13, 2024 |
|
23-329
|
U.S. v. Brewster
No clear error in finding criminal defendant's flight put at least one motorist at substantial risk of serious bodily injury and applying sentencing enhancement based on dashcam video. |
Criminal Law and Procedure |
|
M. Bennett | Sep. 13, 2024 |
|
C098000
|
People v. Ingram
Defendant-appellant seeking release under Sexually Violent Predator Act failed to meet his burden of proof where expert testimony showed he was not cured and presented an above-average risk of reoffending. |
Criminal Law and Procedure |
|
L. Earl | Sep. 13, 2024 |
|
C098433
|
McCurry v. Singh
Physician had no duty of care when his overall actions did not establish a physician-patient relationship with decedent. |
Torts, Health Care |
|
H. Hull | Sep. 12, 2024 |
|
22-16079
|
Silloway v. City and County of San Francisco
Summary judgment on overtime claim was improper where material questions of fact existed as to whether City of San Francisco's published salary ordinance was actually used in practice. |
Employment Law |
|
D. Hamilton | Sep. 12, 2024 |
|
23-870
|
Lopez v. Garland
Board of Immigration Appeals decision that Reno petit larceny was a "crime involving moral turpitude" was entitled to deference and supported the denial of petitioner's request for asylum. |
Immigration |
|
S. Thomas | Sep. 12, 2024 |
|
23-972
|
U.S. v. Shen Zhen New World I, LLC
For the bribe-giver, it is sufficient to demonstrate a requisite intent to influence an official rather than an agreement for quid pro quo for a conviction on federal bribery charges. |
Criminal Law and Procedure |
|
G. Sanchez | Sep. 12, 2024 |
|
G063021
|
Lynch v. Peter & Associates
Despite having no contract with homeowner, geotechnical inspection company owed homeowner a duty of care to perform with skill expected of professional in its position. |
Business Law, Torts |
|
E. Moore | Sep. 12, 2024 |
|
B332310
|
In re V.S.
Juvenile court abused its discretion in choosing, sua sponte, guardianship over adoption. |
Dependency |
|
A. Collins | Sep. 11, 2024 |
|
C097565
|
Modification: People v. Brannon-Thompson
At a Section 1172.75 resentencing, the Penal Code does not require aggravating factors to be found true beyond a reasonable doubt if the upper term was previously imposed. |
Criminal Law and Procedure |
|
Sep. 11, 2024 | |
|
23-16123
|
Sacramento Homeless Union v. City of Sacramento
Order |
|
Sep. 11, 2024 | ||
|
23-55713
|
Corbett v. Transportation Security Administration
Once a Freedom of Information Act suit is properly initiated based on constructive exhaustion, an agency's post-lawsuit response does not require dismissal for failure to exhaust. |
Civil Procedure |
|
M. Christen | Sep. 11, 2024 |
|
22-99008
|
Frye v. Broomfield
Habeas relief was unavailable from a federal court after a state court had already adjudicated a shackling claim on the merits and its determination of harmlessness was not objectively unreasonable. |
Criminal Law and Procedure |
|
M. Murguia | Sep. 11, 2024 |
|
A167698
|
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 | Sep. 10, 2024 |
|
22-56032
|
Blumberger v. Tilley
30-day window for federal officer removal did not begin for defendant doctor until the Attorney General advised the state court that defendant was not a federal employee for purposes of the Federal Tort Claims Act. |
Civil Procedure |
|
J. Bybee | Sep. 10, 2024 |
|
23-15970
|
Adams v. County of Sacramento
Personal text messages from a public employee regarding a racist image did not constitute a matter of legitimate public concern and therefore were not protected by the First Amendment. |
Constitutional Law |
|
S. Thomas | Sep. 10, 2024 |
|
22-55946
|
Pimentel v. City of Los Angeles
Summary judgment was inappropriate where no evidence showed City's basis for setting parking citation late-payment penalty at 100 percent of the original fine was proportional and not arbitrary. |
Constitutional Law, Municipal Law |
|
K. Lee | Sep. 10, 2024 |
|
23-60005
|
In re: Lovering Tubbs Trust v. Hoffman
Summary judgment on bankruptcy trustee's fraudulent transfer claim was appropriate where debtor stated she took part in the transaction because she knew it would stymie creditor's collection efforts. |
Bankruptcy |
|
M. Christen | Sep. 10, 2024 |
|
23-16026
|
Doe v. Horne
Arizona's ban prohibiting transgender women and girls from participating in school sports consistent with their gender identity was unlikely to survive heightened scrutiny. |
Civil Rights |
|
M. Christen | Sep. 10, 2024 |
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