| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B325798
|
Modification: Stiles et al. v. Kia Motors America, Inc.
Car sold with manufacturer's original warranties benefited from the Song-Beverly Act's repair or replace remedies despite being previously owned. |
Consumer Law |
|
A. Gilbert | May 24, 2024 |
|
A165038
|
Marriage of Moore
Trial court improperly included mediation-related fees and costs incurred after filing a motion to compel in sanctions award, which were not reasonably incurred as a part of bringing the motion. |
Civil Procedure |
|
C. Fujisaki | May 23, 2024 |
|
23-35580
|
N.D. v. Reykdal
Because the State of Washington provided nondisabled 21-year-old students a form of free public education, it triggered an obligation to provide special education to disabled 21-year olds. |
Disability Discrimination |
|
E. Miller | May 23, 2024 |
|
22-56015
|
Jajati v. U.S. Customs & Border Protection
Section 701(a)(2) of the Administrative Procedure Act does not bar judicial review of Customs and Border Protection discretionary decisions to revoke individual memberships in the SENTRI program. |
Administrative Agencies |
|
C. Bea | May 23, 2024 |
|
23-16032
|
East Bay Sanctuary Covenant v. Biden
Order |
|
May 23, 2024 | ||
|
A165248
|
People v. Herrera
Jury reviewing surveillance videos admitted into evidence at different speeds and in conjunction with one another during deliberation did not create new evidence outside the record warranting a new trial. |
Criminal Law and Procedure |
|
J. Humes | May 23, 2024 |
|
A166299
|
Doskocz v. ALS Lien Services
Civil Code Section 5655, requiring delinquent assessment payments be applied first to the assessment before collection fees, serves a public purpose and cannot be waived. |
Real Property |
|
A. Castro | May 22, 2024 |
|
F085403
|
Ghost Golf, Inc. v. Newsom
Governor Newsom's COVID-19 Blueprint regime did not exceed the legislative authority granted by the Emergency Services Act and was not an improper delegation. |
Constitutional Law |
|
M. Snauffer | May 22, 2024 |
|
22-30044
|
U.S. v. Cloud
Failure of prosecutors to disclose communications between key witness and prosecution regarding her providing testimony in exchange for financial benefits was a violation of the accused's due process rights. |
Criminal Law and Procedure |
|
M. McKeown | May 22, 2024 |
|
23-35066
|
Stillaguamish Tribe of Indians v. State Washington
A tribe's claim to fish based on the Treaty of Point Elliot's "usual and accustomed grounds" determination can be established using historical evidence, even if it conflicts with other evidence. |
Native American Affairs |
|
P. Curiam (9th Cir.) | May 15, 2024 |
|
22-15302
|
Nielsen v. Thornell
Arizona inmates did not have a protected liberty interest in avoiding private prisons because they did not impose an "atypical or significant hardship" beyond ordinary prison conditions. |
Prisoners' Rights, Constitutional Law |
|
K. Lee | May 22, 2024 |
|
23-15492
|
Friends of the Inyo v. United States Forest Service
U.S. Forest Service was prohibited from combining two environmental Categorical Exclusions when neither would cover a proposed action alone. |
Environmental Law |
|
R. Desai | May 22, 2024 |
|
B320442
|
Campbell v. Los Angeles Unified School Dist.
Sustaining demurrer without leave to amend was appropriate where plaintiff failed to present her claim to school district as required by the Government Code before filing her lawsuit. |
Civil Procedure |
|
J. Wiley | May 22, 2024 |
|
A166785
|
Garcia v. Stoneledge Furniture LLC
Trial court properly found that no agreement to arbitrate existed where differences between the purported signed arbitration agreement and other signed documents impugned the agreement's authenticity. |
Arbitration |
|
I. Petrou | May 21, 2024 |
|
B321882
|
Shikha v. Lyft, Inc.
Lyft's legal duty to its drivers does not extend to conducting criminal background checks on all riders seeking to use the service. |
Torts |
|
R. Adams | May 21, 2024 |
|
B324805
|
California Specialty Insulation, Inc. v. Allied World Surplus Lines Insurance
The term "contractor" in an exclusion for a commercial liability insurance policy was ambiguous, and therefore plaintiff had a reasonable expectation that the policy would apply to its negligence claim. |
Insurance |
|
T. Raphael | May 21, 2024 |
|
S278262
|
People v. Carter
Remand was appropriate to determine whether defendant subject to petition to commit him as a sexually violent predator was entitled to disqualification of his counsel due to alleged ineffective assistance. |
Criminal Law and Procedure |
|
G. Liu | May 21, 2024 |
|
D083609
|
Lorch v. Superior Court (Kia Motors America, Inc.)
Petitioner's peremptory challenge to judge reassigned to her case filed before trial began was timely where the parties were notified of the reassignment via telephone call from the court clerk. |
Civil Procedure |
|
M. Buchanan | May 20, 2024 |
|
C097429
|
Cajon Valley Union School District et al. v. Drager
Further redevelopment agency fund payments to school districts were not required after reaching cap set in pass-through agreement that predated January 1994 because the agency's plan was amended in 2007. |
Municipal Law |
|
H. Hull | May 20, 2024 |
|
22-15485
|
Amended Opinion: Hittle v. City of Stockton
Summary judgment was affirmed when overwhelming evidence showed that there was no discriminatory animus in City's statements and actions regarding employee's religion. |
Employment Discrimination |
|
E. Korman | May 20, 2024 |
|
C097065
|
Hoglund v. Sierra Nevada Memorial-Miners Hospital
Substantial evidence supported plaintiff's age discrimination claim because ample evidence demonstrated that significant participant in her termination exhibited discriminatory animus towards her and that reasons for her firing were pretextual. |
Employment Discrimination, Employment Law |
|
P. Krause | May 20, 2024 |
|
22-448
|
Consumer Financial Protection Bureau v. Community Financial Services Assn. of America, Ltd.
Bureau of Consumer Financial Protection's funding mechanism did not violate the Constitution's Appropriations Clause. |
Constitutional Law |
|
C. Thomas | May 17, 2024 |
|
22-1218
|
Smith v. Spizzirri
When a lawsuit involves an arbitrable dispute and a party requests a stay pending arbitration, the Federal Arbitration Act compels courts to issue a stay rather than dismissing the action. |
Arbitration, |
|
S. Sotomayor | May 17, 2024 |
|
23-21
|
Harrow v. Department of Defense
Statutory 60-day deadline for bringing petitions for judicial review of decisions by the Merit Systems Protection Board was nonjurisdictional requirement that may be subject to equitable tolling. |
Civil Procedure |
|
E. Kagan | May 17, 2024 |
|
23A994
|
Robinson v. Callais
Order |
|
May 17, 2024 | ||
|
D082847
|
Herzog et al. v. Superior Court (Dexcom, Inc.)
Website's clickwrap agreement did not create an enforceable arbitration agreement because it did not provide reasonably conspicuous notice of its terms to users clicking to accept the agreement. |
Arbitration |
|
T. Do | May 17, 2024 |
|
C099011
|
Malmquist v. City of Folsom
Trial court did not abuse its discretion in determining that individual interests predominated where expert evidence showed that at least some class members' pipe leaks were from poor workmanship rather than defendant's pH control. |
Civil Procedure |
|
E. Duarte | May 16, 2024 |
|
22-15815
|
Briskin v. Shopify, Inc.
Order |
|
May 16, 2024 | ||
|
C100160
|
Save the Capitol, Save the Trees v. Dept. of General Services
Trial court erred by discharging preemptory writ of mandate without first determining whether defendant remedied CEQA compliance issues previously identified by the Court of Appeal. |
Environmental Law, Civil Procedure |
|
L. Mauro | May 16, 2024 |
|
B325433
|
People v. Ellis
Criminal defendant who stipulated to upper term at original sentencing was not entitled to full resentencing with the middle term as the presumptive default sentence. |
Criminal Law and Procedure |
|
K. Yegan | May 16, 2024 |
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