Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
A166291
|
People v. Anderson
Though felons' right to bear arms is constitutionally protected, because California's regulations of felons' firearm possession comport with traditional firearm regulation, they do not violate that right. |
Criminal Law and Procedure |
|
A. Tucher | Aug. 26, 2024 |
23-35438
|
Zeyen v. Bonneville Joint District
Idaho Constitution's provision of "free common schools" did not give rise to a vested private property interest in specific educational benefits to which the Takings Clause could attach. |
Constitutional Law |
|
M. Murguia | Aug. 26, 2024 |
22-55744
|
Amended Opinion: Lytle v. Nutramax Laboratories,Inc.
At the class certification stage, plaintiffs may use a reliable, unexecuted damages model to show that damages are susceptible to common proof. |
Civil Procedure |
|
J. Rakoff | Aug. 26, 2024 |
22-55944
|
In re: Kirkland and Rund
Mens rea instruction for a Ponzi scheme was unnecessary because fraudulent intent is presumed from evidence of the existence of a Ponzi scheme established through objective criteria. |
Bankruptcy |
|
G. Sanchez | Aug. 26, 2024 |
23-16020
|
C.R. Bard, Inc. v. Atrium Medical Corp.
A minimum royalty provision applicable to two patents was still enforceable following the expiration of one of the patents. |
Patent Law, Contracts |
|
P. Curiam (9th Cir.) | Aug. 26, 2024 |
F081373
|
Cisneros v. Dept. of Motor Vehicles
DUI drivers' petition for rehearing was granted after Department of Motor Vehicle hearing officers' improperly denied drivers' request for continuances. |
Administrative Agencies |
|
D. Franson | Aug. 23, 2024 |
B331652
|
People v. Sorto
A functionally-equivalent LWOP sentence for a minor should be treated equivalently to an explicit LWOP for the purposes of resentencing following the amendment of the Penal Code. |
Criminal Law and Procedure, Constitutional Law |
|
A. Egerton | Aug. 23, 2024 |
22-35075
|
Mayes v. American Hallmark Insurance Co.
Notice of removal filed after the defendant had received the complaint but before formal service was timely because the removal statute did not require formal service as a prerequisite. |
Civil Procedure |
|
J. Sung | Aug. 23, 2024 |
21-55685
|
Ronderos v. USF Reddaway Inc.
District court did not abuse its discretion in declining to sever unconscionable terms of an arbitration agreement containing unfair surprise and one-sided terms. |
Arbitration |
|
J. Sung | Aug. 23, 2024 |
23-35197
|
Miller v. Sawant
Parties seeking to depose expert witnesses were responsible for the experts' reasonable fees incurred during, and in preparation for, the depositions regardless of the ultimate admissibility of their opinions. |
Civil Procedure |
|
C. Bea | Aug. 23, 2024 |
23-55134
|
Estate of Bride v. Yolo Technologies Inc.
Communications Decency Act did not shield anonymous messaging app from plaintiffs' misrepresentation claims. |
Cyber Law |
|
E. Siler | Aug. 23, 2024 |
23-912
|
U.S. v. Trumbull
Defining a "semi-automatic firearm capable of accepting a large capacity magazine" as one that is capable of attaching of magazine of fifteen or more rounds was reasonable in light of numerous states and Congress adopting similar definitions. |
Criminal Law and Procedure |
|
J. Owens | Aug. 23, 2024 |
S272113
|
Rattagan v. Uber Technologies, Inc.
A plaintiff may assert a fraudulent concealment claim arising from the performance of a contract if the elements of the claim can be established independently and the tortious conduct exposes plaintiff to a risk of harm beyond the parties' reasonable contemplation. |
Torts, Contracts |
|
C. Corrigan | Aug. 23, 2024 |
S277211
|
City of Los Angeles v. Pricewaterhousecoopers, LLP
Section 2023.030 of the Civil Discovery Act gives courts authority to address egregious forms of misconduct not otherwise addressed by the Act. |
Civil Procedure |
|
L. Kruger | Aug. 23, 2024 |
B324405
|
Mahram v. The Kroger Co.
Ralphs grocery store could not compel a consumer's claims to arbitration by invoking the terms of service in his agreement with Instacart, the service that delivered the groceries. |
Arbitration |
|
J. Wiley | Aug. 22, 2024 |
G061911
|
Samuelian v. Life Generations Healthcare, LLC
Where owners sell only partial interest in company, reasonableness standard rather than void per se must be applied to determine whether noncompete clause is valid. |
Contracts, Business Law |
|
E. Moore | Aug. 22, 2024 |
22-16948
|
Cogan v. Trabucco
Federal action seeking to collaterally attack state court judgement was not barred because the underlying case arose in the bankruptcy court and was within the federal courts' exclusive jurisdiction. |
Civil Procedure, Bankruptcy |
|
D. Collins | Aug. 22, 2024 |
22-10247
|
U.S. v. Bellot
Because indictment provided defendant with sufficient notice of charges, slight change in wording between charge versus jury instruction did not constitute constructive amendment requiring a new trial. |
Criminal Law and Procedure |
|
R. Clifton | Aug. 22, 2024 |
23-15712
|
U.S. v. Hughes
Willful violations of the requirement to file Reports of Foreign Bank and Financial Accounts included reckless violations. |
Banking |
|
L. Koh | Aug. 22, 2024 |
D082232
|
People v. Green
Defendant was eligible for resentencing under the amended Penal Code, as his prior prison enhancement was not based specifically on his prior conviction for a sexually violent offense. |
Criminal Law and Procedure |
|
W. Dato | Aug. 22, 2024 |
D083713
|
Estate of Williams
Father's exclusion of other known children from trust indicated his intent to benefit only two named children, thereby precluding his unknown child's claim to a share of the estate. |
probate_and_trusts |
|
J. Castillo | Aug. 22, 2024 |
E081228
|
Riverside Mining Limited v. Quality Aggregates
Defendant was not entitled to attorneys' fees following plaintiff's voluntary dismissal despite a rejected 998 Offer and a prevailing-party attorneys' fees clause. |
Civil Procedure |
|
M. Raphael | Aug. 21, 2024 |
E080594
|
Syre v. Douglas
Denying motion to disqualify counsel was appropriate where prospective client did not provide relevant confidential information to an attorney or demonstrate she would be harmed by the information provided. |
Attorneys |
|
M. Ramirez | Aug. 21, 2024 |
B320547
|
Westside Los Angeles Neighbors Network v. City of Los Angeles
Despite being a non-elected body, the City of LA's Planning Commission had authority under CEQA to approve multi-component project's final environmental impact report. |
Environmental Law |
|
B. Currey | Aug. 21, 2024 |
E078961
|
Riversiders Against Increased Taxes v. City of Riverside
The State's definition of "special election" preempted the City of Riverside's charter for the purposes of adopting a new taxation measure. |
Government |
|
M. Ramirez | Aug. 21, 2024 |
22-16993
|
Calhoun v. Google, LLC
District court erroneously failed to conduct a "reasonable person" analysis in determining whether plaintiff consumers had consented to Google's collection and use of their data. |
Consumer Law |
|
M. Smith | Aug. 21, 2024 |
23-15170
|
Abbey v. U.S.
Sovereign immunity shielded government from plaintiffs' Federal Tort Claims Act claim alleging government's misrepresentation as to Hunter Point Shipyard's environmental hazardous condition. |
Immunity |
|
K. Lee | Aug. 21, 2024 |
22-16816
|
J.B. v. Kyrene Elementary School District
School district notice to a parent terminating further discussions of a disabled child's education plan was harmless error where, although stated reason was improper, the district had valid reasons for terminating discussions. |
Education, Administrative Agencies |
|
S. Murphy | Aug. 21, 2024 |
G063224
|
People v. Ramirez
Suppression was not warranted where firearm was discovered in plain view after police officers ordered driver to exit his vehicle pursuant to a lawful detention for a traffic violation. |
Criminal Law and Procedure |
|
E. Moore | Aug. 21, 2024 |
B327891
|
People v. Obermueller
Jury instruction on lesser offense of attempted stalking was not necessary where evidence showed the defendant had recklessly used intermediaries to convey his threats to his target. |
Criminal Law and Procedure |
|
J. Wiley | Aug. 20, 2024 |