| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
23-4105
|
U.S. v. Carver
Despite shift in court deference to agency interpretations of regulations, precedent that convictions set aside under Penal Code Section 1203.4 are not expunged for federal sentencing purposes remained good law. |
Criminal Law and Procedure |
|
S. Ikuta | Apr. 3, 2025 |
|
F087487
|
Bring Back the Kern v. City of Bakersfield
Because the California Constitution specifically requires water use to be beneficial and reasonable, trial court's refusal to consider these factors because of legislation was error. |
Water Rights, Environmental Law |
|
M. Snauffer | Apr. 3, 2025 |
|
B328474
|
Winter v. Menlo
Prospective client's disclosure of his theory of the case and related documents were material to the litigation, warranting disqualification when attorney represented opposing party. |
Attorneys |
|
V. Viramontes | Apr. 3, 2025 |
|
A168538
|
People v. K.D.
Regional center was required to provide report and proposed program for defendant eligible for developmental disability diversion so trial court could determine whether she would benefit from diversion. |
Criminal Law and Procedure |
|
T. Brown | Apr. 1, 2025 |
|
C099438
|
Miles v. Gernstein
Oral surrogate agreement between neighbors was enforceable when facts supported that surrogate had intended to provide the child without staking parental claim. |
Family Law |
|
H. Hull | Apr. 1, 2025 |
|
B331177
|
Lorenzo v. Calex Engineering, Inc.
Defendant contractors, who established an unpermitted construction staging area for vehicles, owed a duty of care to plaintiffs whose minor daughters were killed by a truck driver. |
Torts |
|
H. Bendix | Apr. 1, 2025 |
|
D084379
|
McIntosh v. Superior Court (People)
During the informal pleading stage of proceedings under the Racial Justice Act, a petitioner need only allege facts that would establish a violation to trigger the appointment of counsel. |
Criminal Law and Procedure |
|
T. Do | Apr. 1, 2025 |
|
B333848
|
11640 Woodbridge Condominium Homeowners' Assn. v. Farmers Ins. Exchange
Summary judgment was improper where triable issues of fact remained regarding whether exclusions cited by insurance company in denying claim precluded coverage of damage caused by rain during reroofing. |
Insurance |
|
L. Edmon | Apr. 1, 2025 |
|
C099904
|
Prahl v. Allstate Northbrook Indemnity Co.
Insurance Code Section 11580.2(i)'s five-year statutory deadline to complete uninsured motorist arbitrations was not extended by pandemic's Emergency Rule 10. |
Insurance, Arbitration |
|
J. Renner | Apr. 1, 2025 |
|
B333481
|
Sexton v. Apple Studios LLC
Trial court erroneously denied Apple Studio's anti-SLAPP motion against actor whose offer was withdrawn after he refused to comply with the studio's COVID vaccination requirement. |
Anti-SLAPP |
|
J. Wiley | Apr. 1, 2025 |
|
A164679
|
People v. Jackson
Trial court committed prejudicial error in ruling Defendant met current requirements for felony murder when it primarily based its ruling on jury's special circumstance findings based on former instructions. |
Criminal Law and Procedure |
|
T. Stewart | Apr. 1, 2025 |
|
24-517
|
Shockley v. Vandergriff
Order |
|
Apr. 1, 2025 | ||
|
23-16176
|
Siino v. Foresters Life Insurance and Annuity Company
Insurer's violation of statutory notice requirements did not necessarily constitute a breach of contract claim on the insurance policy, as plaintiff was still required to show causation. |
Insurance |
|
M. Smith | Apr. 2, 2025 |
|
24-4624
|
In Re: Ex Parte Application of Gliner
District court abused its discretion in denying discovery request for website operator's name based on First Amendment concerns when it was unclear whether potential defendants were constitutionally protected. |
Civil Procedure |
|
C. Bea | Apr. 2, 2025 |
|
H050939
|
Great Oaks Water Co. v. Santa Clara Valley Water Dist.
Charges levied against water retailer were not taxes under California Constitution because they fell under an exception for specific benefits conferred to a payor not provided to those not charged. |
Tax, Utilities |
|
C. Wilson | Apr. 2, 2025 |
|
B322224
|
Modification: American Federation of State, County and Municipal Employees v. City of Los Angeles
No constitutional violation where suspended terms of a reciprocal retirement benefits arrangement between a utility and City of Los Angeles did not involve vested rights. |
Government |
|
N. Stone | Mar. 31, 2025 |
|
G064459
|
Modification: Montoya v. Superior Court (Fowler)
Burden of proof may be shifted to defendant doctor when the CT scan he delayed in ordering was crucial to establishing medical negligence causation. |
Torts, Civil Procedure |
|
M. Sanchez | Mar. 31, 2025 |
|
B315409
|
Modification: Catholic Medical Mission Bd. v. Bonta
Trial court abused its discretion in issuing permanent injunction against Attorney General's enforcement of consumer protection statute without analyzing injunction's necessity. |
Remedies |
|
G. Martinez | Mar. 31, 2025 |
|
23-3453
|
Spirit of Aloha Temple v. County of Maui
Nonprofit church's claim that County of Maui substantially burdened its exercise of religion in denying special use permit was a legal question for court, not jury, to decide. |
Constitutional Law |
|
S. Mendoza | Mar. 31, 2025 |
|
23-2940
|
Bigfoot Ventures Limited v. Knighton
Plaintiff could not adequately represent shareholders in derivative action that appeared to be waged as leverage in other litigation between the parties. |
Civil Procedure, Corporations |
|
R. Gould | Mar. 31, 2025 |
|
C101953
|
People v. Griggs
A judge's order recalling defendant's sentence and assigning the matter for resentencing under Penal Code Section 1172.1 is not appealable. |
Criminal Law and Procedure |
|
J. Renner | Mar. 28, 2025 |
|
23-469
|
U.S. v. Holcomb
Search warrant provision allowing for seizure of information displaying defendant's "dominion and control" over defendant's computer files was invalid as overbroad and insufficiently particular. |
Criminal Law and Procedure |
|
J. Rakoff | Mar. 28, 2025 |
|
23-3882
|
Osheske v. Silver Cinemas Acquisition Co.
Selling tickets to in-person movie screenings is not engaging in the rental, sale, or delivery of audiovisual materials within the meaning of the Video Privacy Protection Act. |
Consumer Law |
|
M. McKeown | Mar. 28, 2025 |
|
D083555
|
Cleveland Nat. Forest Foundation v. County of San Diego
San Diego County's "thresholds of significance," used for assessing the environmental impact of land-use projects, were unsupported by substantial evidence. |
Environmental Law |
|
W. Dato | Mar. 28, 2025 |
|
A163664
|
Kazelka v. California Dept. of Motor Vehicles
Trial court erred in excluding preliminary alcohol screening test results from administrative hearing based on officer's failure to provide admonition. |
Administrative Agencies |
|
I. Petrou | Mar. 28, 2025 |
|
A172271
|
Ballesteros v. Ford Motor Co.
Defendant Ford Motor, as nonsignatory to financing contract, could not compel arbitration where plaintiff's claims were based on Song-Beverly Act warranties and no inequitable results would occur from denying arbitration. |
Arbitration, Consumer Law |
|
D. Chou | Mar. 27, 2025 |
|
B338111
|
In re J.D.
Because juvenile's theft and assault charges were separate and distinct despite occurring within 30 minutes of each other, *Kellett* bar against multiple prosecutions was inapplicable. |
Criminal Law and Procedure, Juveniles |
|
K. Yegan | Mar. 27, 2025 |
|
23-852
|
Bondi v. Vanderstok
Bureau of Alcohol, Tobacco, Firearms and Explosives rule interpreting the Gun Control Act to cover "ghost gun" kits and unfinished gun frames or receivers is not facially inconsistent with the Act. |
Administrative Agencies |
|
N. Gorsuch | Mar. 27, 2025 |
|
23-824
|
U.S. v. Miller
Waiver of sovereign immunity regarding provisions of the Bankruptcy Code did not waive immunity for state-law claims nested within a claim to avoid fraudulent transfer under 11 U.S.C. Section 544(b). |
Bankruptcy |
|
K. Jackson | Mar. 27, 2025 |
|
24-2141
|
SDVF, LLC V. Cozzia USA LLC
Registered judgment relied on underlying judgment for its enforceability, and vacatur of that underlying judgment meant the registered judgment could not be enforced. |
Civil Procedure, Remedies |
|
K. Lee | Mar. 27, 2025 |
For reprint rights or to purchase a copy of your Daily Journal photo, email jeremy@reprintpros.com for prices or call 949-702-5390. To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com