Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
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 |
G062749
|
People v. Hall
Because defendants' movement of victim around the house was incidental to robbing the victim, convictions for simple kidnapping were reversed. |
Criminal Law and Procedure |
|
M. Sanchez | Sep. 10, 2024 |
E081025
|
Huntsman-West Foundation v. Smith
Trial court properly granted summary judgment for defendant, who had no control over premises on which plaintiffs' property was stored and eventually lost. |
Torts, Evidence |
|
D. Miller | Sep. 10, 2024 |
G062596
|
People v. Ruiz
Trial court erred in calculating defendant's 15-year incarceration requirement for Penal Code Section 1170(d) resentencing by calculating from the sentencing date rather than the incarceration date. |
Criminal Law and Procedure |
|
E. Moore | Sep. 9, 2024 |
A168803
|
Fox Paine & Co., LLC v. Twin City Fire Insurance Co.
Declaratory relief was not warranted in insurance dispute where the claims were derivative of breach of contract claims. |
Insurance, Civil Procedure |
|
J. Richman | Sep. 9, 2024 |
23-15624
|
Rodney v. Garrett
Habeas corpus petitioner could not establish substantial ineffective-assistance-of-counsel claims because there was no reasonable probability the result of his trial would have been different but for his counsel's alleged errors. |
Criminal Law and Procedure |
|
R. Marquez | Sep. 9, 2024 |
23-15605
|
Watanabe v. Derr
District court erred in dismissing prisoner's deliberate indifference to serious medical needs *Bivens* claim when it was sufficiently analogous to precedent allowing for such a claim. |
Prisoners' Rights |
|
R. Paez | Sep. 9, 2024 |
23-16164
|
Wolford v. Lopez
Ninth Circuit affirmed preliminary injunction prohibiting the enforcement of laws that restricting firearms in sensitive places such as hospitals, public transit, and places of worship. |
Constitutional Law |
|
S. Graber | Sep. 9, 2024 |
22-1910
|
Amended Opinion: Bent v. Garland
California Penal Code Section 1473.7(a)(1) does not allow for vacatur of state convictions solely to alleviate immigration consequences and therefore can affect a conviction's validity for immigration purposes. |
Immigration |
|
S. Mendoza | Sep. 9, 2024 |
D083970
|
In re Montgomery
A petitioner must have an ongoing Racial Justice Act action in order to file a motion for discovery relating to a violation of the act. |
Criminal Law and Procedure |
|
J. Irion | Sep. 9, 2024 |
B329459
|
Grossman v. Wakeman
Attorney owed no duty of care to disinherited son and grandchildren where it was not clear that client intended his trust to benefit disinherited individuals. |
Attorneys, |
|
K. Yegan | Sep. 6, 2024 |
F087367
|
In re Brown
Three Strikes exclusion under Elderly Parole Program applies to prisoners convicted and sentenced under the Three Strikes law even if they had already begun serving a prison sentence. |
Criminal Law and Procedure |
|
H. Levy | Sep. 6, 2024 |
22-56161
|
Black Lives Matter Los Angeles v. Los Angeles
Black Lives Matter protester class certifications were vacated and remanded where the district court did not rigorously analyze whether three damages classes satisfied the commonality requirement. |
Civil Procedure, Civil Rights |
|
K. Lee | Sep. 6, 2024 |
23-15524
|
Houston v. County of Maricopa
Because County's online "Mugshot Lookup," which included detainees' photos and personal information, served as a punishment, it implicated detainees' due process rights. |
Constitutional Law |
|
M. Berzon | Sep. 6, 2024 |
23-55574
|
Relevant Group LLC v. Nourmand
Litigation activities under CEQA that resulted in a settlement were not objectively baseless and therefore protected under the Noerr-Pennington doctrine. |
Real Property |
|
M. Smith | Sep. 6, 2024 |
22-50314
|
U.S. v. Perez-Garcia
Order |
|
Sep. 5, 2024 | ||
23-15487
|
Sanderlin v. Dwyer
District court properly denied qualified immunity, where a reasonable factfinder could conclude that defendant officer violently retaliated against protester for peacefully exercising First Amendment rights. |
Qualified Immunity, Constitutional Law |
|
J. Nguyen | Sep. 5, 2024 |
23-435
|
U.S. v. Gomez
Because defendant's California conviction for assault with a deadly weapon did not meet federal requirements as a crime of violence, career offender enhancement was improperly applied. |
Criminal Law and Procedure |
|
R. Desai | Sep. 5, 2024 |
24-271
|
X Corp. v. Bonta
X (Twitter) was entitled to preliminary injunction preventing enforcement of California law requiring submission of reports about content-moderation policies because the law compelled non-commercial speech and was content-based regulation. |
Constitutional Law |
|
M. Smith | Sep. 5, 2024 |
B332985
|
Dora V. v. Superior Court (Los Angeles County Dept. of Children and Family Services)
Legal guardian appointed by the juvenile court was not entitled to a presumption of reunification services with minor. |
Dependency |
|
G. Martinez | Sep. 5, 2024 |
B320116
|
People v. Mejia
Police use of multiple photographic lineups where witness was uncertain about her initial identification was reasonable and did not offend due process. |
Criminal Law and Procedure |
|
J. Wiley | Sep. 4, 2024 |
B323715
|
Simers v. Los Angeles Times Communications LLC
Despite plaintiff's counsel's misconduct leading to the need for another trial, trial court did not abuse its discretion in awarding her attorney's fees. |
Attorneys |
|
E. Grimes | Sep. 4, 2024 |
A168333
|
Modification: Taylor v. Tesla, Inc.
Despite pending parallel litigation, refusal to respond to employee record requests under the Labor Code was not protected conduct subject to the provisions of the anti-SLAPP statute. |
Anti-SLAPP, Employment Law |
|
J. Streeter | Sep. 4, 2024 |