Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B320603
|
Howard v. Accor Management US
Summary judgment was appropriate where plaintiff failed to provide any actual evidence that hotel operator had actual or constructive knowledge of an allegedly unsafe shower head that injured her. |
Torts |
|
J. Wiley | Apr. 4, 2024 |
22-56054
|
Amended Opinion: Rieman v. Vasquez
Defendants were not entitled to qualified immunity from suit after making misrepresentations to the juvenile court and failing to provide notice of the hearing. |
Immunity |
|
M. Smith | Apr. 3, 2024 |
23-1024
|
In re: Lenore L. Albert-Sheridan
California State Bar's attempt to collect discovery sanctions and disciplinary costs violated the automatic stay imposed while formerly suspended lawyer was in Chapter 7 bankruptcy. |
Bankruptcy |
|
G. Spraker | Apr. 3, 2024 |
A165345
|
Vichy Springs Resort, Inc. v. City of Ukiah
For California Environmental Quality Act purposes, construction on land leased from the city may have been "discretionary" where the City was under no obligation to allow the construction. |
Environmental Law |
|
J. Goldman | Apr. 2, 2024 |
B327668
|
Gazal v. Echeverry
Plaintiff's fraud claims did not arise from protected speech, but rather from the alleged misconduct that occurred after defendant encouraged plaintiff to donate. |
Anti-SLAPP |
|
E. Grimes | Apr. 2, 2024 |
21-30251
|
U.S. v. Sapalasan
Inventory search was lawful where officer kept seized backpack in his police vehicle while he responded to other calls and completed the search near the end of his shift. |
Criminal Law and Procedure |
|
R. Nelson | Apr. 2, 2024 |
22-16190
|
BBK Tobacco & Foods LLP v. Central Coast Agriculture Inc.
District courts have jurisdiction to consider and cancel pending trademark applications in an action involving a registered mark. |
Intellectual Property |
|
R. Desai | Apr. 2, 2024 |
A167491
|
Apex Solutions, Inc. v. Falls Lake Insurance Management Co., Inc.
Separate vault breaches occurring on the same night by what appeared to be a single, coordinated group were a single occurrence of covered loss for insurance policy limit purposes. |
Insurance |
|
J. Streeter | Apr. 1, 2024 |
B309295
|
People v. Freetown Holdings Co.
Property owner was liable for public nuisance when he could have reasonably taken measures to prevent his liquor store from becoming a drug haven. |
Torts |
|
J. Wiley | Apr. 1, 2024 |
B330106
|
In re S.G.
Once minor parent consistently failed to utilize reunification services, termination of parental rights was appropriate to protect the child's need for prompt resolution of his custody. |
Dependency |
|
R. Adams | Apr. 1, 2024 |
A166001
|
People v. Beaudreaux
While the trial court erred in not providing counsel to defendant for his Section 1172.6 resentencing petition, the error was harmless because the jury found him to be the actual killer. |
Criminal Law and Procedure |
|
J. Streeter | Apr. 1, 2024 |
A166242
|
BTHHM Berkeley, LLC v. Johnston
Despite defendant's claim that he did not intend to be bound, settlement term sheet was enforceable under CCP Section 664.6. |
Contracts |
|
J. Goldman | Apr. 1, 2024 |
B323356
|
Medallion Film LLC v. Loeb & Loeb LLP
Letter from attorney with alleged misrepresentations was not protected prelitigation conduct because it was a request to avoid litigation. |
Anti-SLAPP |
|
M. Stratton | Apr. 1, 2024 |
B321875
|
AIDS Healthcare Foundation v. Bonta
Senate Bill 10 did not unconstitutionally displace local zoning laws because it focused on the housing shortage, a matter of statewide concern, and was reasonably related to resolving that concern. |
Government |
|
B. Hoffstadt | Apr. 1, 2024 |
D082754
|
People v. Ayala
Trial court erred in admitting testimony of unavailable witness, who had been missing for over two years, but whom the prosecution did not begin searching for until two weeks before trial. |
Criminal Law and Procedure |
|
W. Dato | Apr. 1, 2024 |
F080361
|
People v. Rojas
Though Assembly Bill 333 required reversal of defendant's active gang participation conviction, jury's gang-murder special-circumstance finding under Penal Code Section 190.2 was affirmed because substantial evidence supported that finding. |
Criminal Law and Procedure |
|
C. Poochigian | Mar. 29, 2024 |
F084700
|
Williams v. Doctors Medical Center of Modesto
Doctor was not precluded from bringing second lawsuit because the issues in the fee order and anti-SLAPP order were not identical. |
Anti-SLAPP |
|
C. Poochigian | Mar. 29, 2024 |
A169146
|
Modification: In re Seumanu
Because petitioner for habeas relief failed to adequately provide record materials and meet strict pleading requirements, all but one request for certificate of appealability was denied. |
Criminal Law and Procedure |
|
J. Streeter | Mar. 29, 2024 |
A165587
|
Alameda Health System v. Alameda County Employees' Retirement
Public entity's breach of good faith and fair dealing claim failed because it contractually agreed to funding method used by retirement system. |
Contracts |
|
T. Stewart | Mar. 29, 2024 |
20-99011
|
Hart v. Broomfield
District court did not err in denying habeas relief, where California Supreme Court could have reasonably deemed potentially suppressed evidence immaterial. |
Criminal Law and Procedure |
|
H. Thomas | Mar. 29, 2024 |
S276545
|
Harrod v. Country Oaks Partners, LLC
Health care agent's power of attorney over principal's health care decisions did not include authority to bind the principal to a separate, optional arbitration agreement presented with other admissions paperwork. |
Arbitration |
|
M. Jenkins | Mar. 29, 2024 |
A166011
|
People v. Serrano
There was sufficient evidence of premeditation and deliberation for attempted murder since defendant fired multiple gun shots at pursuing officers. |
Criminal Law and Procedure |
|
T. Jackson | Mar. 29, 2024 |
22-35076
|
Iversen v. Pedro
Plaintiff's sentence of life without the possibility of parole for public indecency did not violate the Eighth Amendment because of his extensive history of sexual offenses. |
Constitutional Law |
|
F. Montalvo | Mar. 28, 2024 |
D081369
|
People v. McClelland
Court's ruling on 1172.6 petition after the parties agreed to submit the matter without a further evidentiary hearing did not violate defendant's due process rights. |
Criminal Law and Procedure |
|
J. Castillo | Mar. 28, 2024 |
D081132
|
Brooklyn Restaurants, Inc. v. Sentinel Insurance Co., Ltd.
Insurance policy that covered cost of removing a virus could be reasonably interpreted to cover loss due to COVID-19. |
Insurance |
|
R. Huffman | Mar. 27, 2024 |
B322561
|
People v. Hill
Denial of Section 1172.6 relief (felony murder amendment resentencing) does not implicate ex post facto principles. |
Criminal Law and Procedure |
|
E. Lui | Mar. 27, 2024 |
B323430
|
Weeks v. Interactive Life Forms, LLC
Trial court correctly declined to compel arbitration pursuant to "browsewrap" terms of use on defendant's website, which required no affirmative assent by the consumer. |
Arbitration |
|
G. Weingart | Mar. 27, 2024 |
B322697
|
Gramajo v. Joe's Pizza on Sunset, Inc.
Pizza delivery driver was entitled to attorney's fees and costs because Labor Code Section 1194(a) was more specific and more recently enacted than Code of Civil Procedure Section 1033(a). |
Employment Law |
|
V. Viramontes | Mar. 27, 2024 |
22-35427
|
Conway v. O'Malley
Because the "medium work," six-hour limitation presumption was rebutted, the Administrative Law Judge's contrary finding was unsupported by substantial evidence meriting reversal. |
Administrative Agencies |
|
J. Sung | Mar. 27, 2024 |
C095986
|
Modification: People v. Barner
Despite trial court's error in using sentencing rather than commitment language, judgment was affirmed as court ultimately made the appropriate commitment order and calculation. |
Criminal Law and Procedure |
|
L. Earl | Mar. 27, 2024 |