| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
F086904
|
LVNV Funding v. Rodriguez
Because the Fair Debt Collection Practices Act allows consumers wrongly sued over a debt to pursue a claim, debt collector's anti-SLAPP motion against mistakenly-identified consumer was improperly granted. |
Consumer Law, Anti-SLAPP |
|
M. Snauffer | Nov. 14, 2024 |
|
A167695
|
Modification: Hamlin v. Jendayi
Despite not being trustees or trust beneficiaries, probate court did not err in granting intestate heirs standing to contest trust provisions under Probate Code Section 17200. |
Trust and Estates |
|
C. Fujisaki | Nov. 14, 2024 |
|
22-10266
|
U.S. v. Holmes
Office good-faith exception did not apply to warrantless viewing of hash-value-matched child pornography images. |
Criminal Law and Procedure |
|
D. Forrest | Nov. 14, 2024 |
|
23-114
|
Aleman-Belloso v. Garland
Mischaracterization of claimed social group and failure to analyze government's role in alleged past persecution required remand to determine whether petitioner was eligible for asylum. |
Immigration |
|
S. Mendoza | Nov. 14, 2024 |
|
H051362
|
In re Baby Girl R.
Juvenile courts are not mandated to deny reunification following a finding that the whereabouts of the parent are unknown. |
Family Law |
|
M. Greenwood | Nov. 13, 2024 |
|
B325261
|
Rodriguez v. Lawrence Equipment, Inc.
Because of issue preclusion, former employee lacked standing to continue his Private Attorneys General Act (PAGA) claim after he failed to prove his wage-and-hour Labor Code claims in arbitration. |
Employment Law |
|
N. Bershon | Nov. 12, 2024 |
|
23-15124
|
Grand Canyon University v. Cardona
University's non-profit status was subject to the requirements of the Higher Education Act, not the Internal Revenue Code's 501(c)(3) requirements. |
Administrative Agencies, Tax |
|
D. Collins | Nov. 11, 2024 |
|
E083015
|
Sanchez v. Superior Court (People)
Trial court did not abuse its discretion when it ordered public defender replaced--against defendant's wishes--to eliminate conflict between counsel's obligations and defendant's rights under the Racial Justice Act. |
Attorneys, Criminal Law and Procedure |
|
R. Fields | Nov. 11, 2024 |
|
G064119
|
Robles v. City of Ontario
Plaintiffs had right to seek additional attorney fees incurred while seeking enforcement of stipulated judgment because the plain language of their agreement so provided. |
Civil Procedure, Contracts |
|
E. Moore | Nov. 8, 2024 |
|
D082749
|
Petree v. Public Employees' Retirement System
After City contracted with County for policing services, former officers were not entitled to County pension increase for years as City officers. |
Government |
|
W. Dato | Nov. 8, 2024 |
|
B330337
|
Ortiz v. Elmcrest Care Center, LLC
An interim arbitration award was not final because the arbitrator expressly reserved the right to make a final determination. |
Arbitration |
|
A. Egerton | Nov. 8, 2024 |
|
B321833
|
Marriage of Diamond
Spouse seeking to set aside judgment due to mental deficit failed to provide evidence of mental incapacity. |
Family Law |
|
G. Feuer | Nov. 7, 2024 |
|
C098705
|
Maksimow v. City of South Lake Tahoe
The City of South Lake Tahoe did not have notice of the dangerous icy condition of a parking lot and therefore could not be found liable for plaintiff's injuries. |
Torts |
|
J. Renner | Nov. 6, 2024 |
|
H050872
|
Mountain View Police Dept. v. Krepchin
Penal Code Section 18175's gun violence protective order does not violate the Second Amendment. |
Criminal Law and Procedure |
|
C. Wilson | Nov. 6, 2024 |
|
23-1175
|
U.S. v. Pham
Defendant's admission in plea agreement to "knowingly and intentionally" distributing narcotic pills and issuing prescriptions without a legitimate purpose provided requisite mens rea for conviction under the Controlled Substances Act. |
Criminal Law and Procedure |
|
M. Schroeder | Nov. 6, 2024 |
|
23-15049
|
Sweet v. Everglades College Inc.
A settlement agreement listing universities for whom student borrowers were entitled to presumptive relief based on strong indicia of misconduct caused reputational damage and was sufficient for Article III standing. |
Civil Procedure |
|
J. Sung | Nov. 6, 2024 |
|
23-15179
|
State of Nebraska v. Su
Executive order instructing agencies to carry out mandate requiring federal contractors to pay a certain minimum wage was not authorized by operative provisions of Federal Property and Administrative Services Act. |
Administrative Agencies |
|
R. Nelson | Nov. 6, 2024 |
|
D082923
|
Haidet v. Del Mar Woods Homeowners Assn.
No continued right to voluntary dismissal without prejudice after amending complaint to omit a defendant; instead, the trial court has discretion to dismiss with prejudice upon motion by either party. |
Civil Procedure |
|
R. Huffman | Nov. 6, 2024 |
|
B333189
|
Banuelos v. Superior Court (Azusa Police Dept.)
Because amendment to Penal Code Section 832.7 allows access to law enforcement records relating to findings of officer's dishonesty, protective order was unnecessary. |
Criminal Law and Procedure |
|
V. Viramontes | Nov. 6, 2024 |
|
23-167
|
Hamm v. Smith
Death row inmate's vacated death sentence required reassessment when it was unclear how his intellectual ability score was evaluated. |
Criminal Law and Procedure |
|
P. Curiam (USSC) | Nov. 5, 2024 |
|
24A408
|
Republican National Committee v. Genser
Order |
|
Nov. 5, 2024 | ||
|
23-3162
|
Nerio Mejia v. O'Malley
Claimant who established eligibility for fee award under Equal Access to Justice Act was entitled to recover reasonable fee for work on related issues the district court declined to reach. |
Civil Procedure |
|
D. Collins | Nov. 5, 2024 |
|
B319121
|
West Adams Heritage Assn. v. City of Los Angeles
Noise concerns of a housing project near university did not constitute a significant environmental effect impeding the application of a Class 32 California Environmental Quality Act exemption. |
Environmental Law |
|
H. Bendix | Nov. 4, 2024 |
|
B331062
|
Bedard v. City of Los Angeles
Trial court's affirmance of city employee's termination due to refusal to be vaccinated was supported by substantial evidence. |
Employment Law, Government |
|
L. Edmon | Nov. 4, 2024 |
|
21-15492
|
Fuqua v. Raak
Summary judgment on free exercise claim was not appropriate where reasonable fact finder could conclude chaplain refused religious dietary accommodation request based on assessment of correctness of the inmate's beliefs. |
Prisoners' Rights, Constitutional Law |
|
D. Collins | Nov. 4, 2024 |
|
H050489
|
Martinez v. Superior Court (People)
Withdrawing a plea deal and subsequently contending that the reinstatement of charges would constitute double jeopardy was not sufficient to require dismissal of charges. |
Criminal Law and Procedure |
|
C. Wilson | Nov. 4, 2024 |
|
B331257
|
Marriage of Saraye
Trial court did not abuse its discretion in denying reimbursement of child support overpayment after weighing appropriate factors, including request's extreme tardiness. |
Family Law |
|
M. Stratton | Nov. 1, 2024 |
|
S274625
|
Rodriguez v. FCA US, LLC
Song-Beverly Act's refund-or-replace provision applies to vehicles for which the manufacturer's express warranty was issued with the sale and not used vehicles with a balance remaining on the express warranty. |
Consumer Law |
|
G. Liu | Nov. 1, 2024 |
|
A167118
|
Osborne v. Pleasanton Automotive Co., LP
Employee letter to human resources complaining of workplace harassment was privileged and therefore could not be the basis of libel and slander claims. |
Anti-SLAPP |
|
T. Stewart | Nov. 1, 2024 |
|
A166781
|
Watts v. Pneumo Abex
Trial court erred in directing verdict against brake manufacturer's sophisticated user defense as substantial evidence plainly demonstrated that plaintiff, an automotive shop operator, was aware of the asbestos risk. |
Torts |
|
J. Richman | Oct. 31, 2024 |
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