| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
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 |
|
23-15825
|
In re: U.S. v. Mackenzie
Pro rata allocation of proceeds that were insufficient to pay tax and penalty portions of tax lien including both where trustee avoided penalty portion was inconsistent with the Bankruptcy Code. |
Bankruptcy |
|
A. De Alba | Sep. 4, 2024 |
|
23-15482
|
Garraway v. Ciufo
Absent a denial of qualified immunity, district court orders extending *Bivens* are not immediately appealable under the collateral order doctrine. |
Criminal Law and Procedure |
|
R. Tallman | Sep. 4, 2024 |
|
21-55515
|
U.S. v. Ovsepian
To excuse his procedural default, defendant convicted under divisible statute needed to demonstrate actual innocence only with respect to the prong under which he was actually tried and convicted. |
Criminal Law and Procedure |
|
K. Wardlaw | Sep. 4, 2024 |
|
15-16909
|
Doe I v. Cisco Systems, Inc.
Order |
|
Sep. 4, 2024 | ||
|
G062471
|
American Building Innovations v. Balfour Beatty Construction
Because subcontractor's retroactive license reinstatement was improper, it was not entitled to collect compensation for unlicensed work. |
Business Law |
|
T. Goethals | Sep. 4, 2024 |
|
A169465
|
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. 3, 2024 |
|
A167548
|
People v. Tidd
Expert testimony linking gun cartridge to defendant's firearm lacked foundation, and its admission was both erroneous and prejudicial. |
Evidence |
|
A. Tucher | Sep. 3, 2024 |
|
B324418
|
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. 3, 2024 |
|
A166899
|
People v. Daffeh
Trial court erroneously denied defendant's petition for dismissal of charges based on non-payment of victim's restitution where payment was neither ordered by the court nor set as a condition of defendant's probation. |
Criminal Law and Procedure |
|
D. Chou | Sep. 3, 2024 |
|
A166191
|
In re Hill
Habeas petitioner alleging that prosecution failed to disclose evidence it had promised not to prosecute key witness for offenses arising from conduct described during investigation established prima facie case for relief. |
Criminal Law and Procedure |
|
T. Stewart | Sep. 3, 2024 |
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