Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
D081549
|
Jackson v. Lara
Interim adverse judgment rule applied to malicious prosecution claim since trial court previously found evidence of battery sufficient to deny plaintiff's motion for acquittal. |
Civil Procedure |
|
M. Stratton | Mar. 11, 2024 |
B323977
|
VFLA Eventco v. William Morris Endeavor Entertainment
Force majeure provision in musician's Virgin Fest LA contract conditioned their right to the $6 million deposit based on their willingness to perform but for COVID-19. |
Contracts |
|
V. Viramontes | Mar. 8, 2024 |
A167346
|
Move Eden Housing v. City of Livermore
Resolution was a legislative act subject to referendum power because it was the initial policy determination regarding use of public funds to construct a park and improvements. |
Government |
|
M. Simons | Mar. 8, 2024 |
22-50047
|
U.S. v. Layfield
Twenty-one-day delay between defendant's detention and first appearance before a judge did not constitute a Speedy Trial Act violation. |
Criminal Law and Procedure |
|
J. Owens | Mar. 8, 2024 |
A167719
|
Temple of 1001 Buddhas et al. v. City of Fremont
Fremont's Municipal Code conflicted with Building Code Section 1.8.8.1 because it mandated an appeals process with only one assigned hearing officer rather than an appeals board. |
Administrative Agencies |
|
T. Brown | Mar. 8, 2024 |
E082250
|
Modification: In re Miguel R.
In examining the factors to determine a minor's amenability to rehabilitation, no single factor is statutorily required to be given greater weight. |
Juveniles |
|
F. Menetrez | Mar. 8, 2024 |
B320488
|
Modification: People v. Paul
Police officers' encounter with defendant was not consensual where they stood a few feet from each of his parked car's doors and shined two flashlights into the car simultaneously. |
Constitutional Law |
|
C. Moor | Mar. 8, 2024 |
B317938
|
People v. Felix
Trial court properly denied motion to suppress defendant's confession given to undercover detective posing as jail cellmate, post-invocation of right to counsel. |
Criminal Law and Procedure |
|
E. Grimes | Mar. 8, 2024 |
C099115
|
In re J.S.
Ward of the court has "satisfactorily completed" probation when there are no new findings of wardship involving moral turpitude or felony convictions during probation. |
Juveniles |
|
E. Duarte | Mar. 7, 2024 |
A165514
|
Hee Shen Cemetery v. Yeong Wo Assn.
Substantial evidence did not show that private voluntary association unreasonably construed a plain and unambiguous provision in its bylaws so judicial intervention was not appropriate. |
Civil Procedure |
|
M. Markman | Mar. 7, 2024 |
B329192
|
In re F.V.
There was insufficient evidence of future risk to minor--who was sent into the U.S. alone when her father was unable to cross the border--to support juvenile court's jurisdiction. |
Dependency |
|
H. Bendix | Mar. 7, 2024 |
H050320
|
People v. Killian
A charge for tampering with a VIN under Vehicle Code Section 10802 includes a defendant who transfers the registration to himself. |
Criminal Law and Procedure |
|
A. Danner | Mar. 7, 2024 |
A168018
|
People v. Superior Court (Farley)
Prosecution satisfied low preliminary bar of showing group was an organization, albeit informal, with a common purpose as statutorily required to proceed with prosecution of gang-related special circumstance. |
Criminal Law and Procedure |
|
T. Brown | Mar. 7, 2024 |
A166575
|
Safety-Kleen of California, Inc. v. Dept. of Toxic Substances Control
Department of Toxic Substances Control could find a Class I hazardous waste violation without finding the waste represented a significant threat to human health or the environment. |
Environmental Law |
|
C. Fujisaki | Mar. 6, 2024 |
22-50046
|
U.S. v. Lemus
A conviction for receiving the proceeds of extortion under 18 U.S.C. Section 880 requires only knowledge that the proceeds were "unlawfully obtained." |
Criminal Law and Procedure |
|
P. Bumatay | Mar. 6, 2024 |
22-16465
|
Jones v. Riot Hospitality Group
Terminating sanctions were appropriate where plaintiff took affirmative steps to coordinate deletion of text messages between her and coworkers with the intent to deprive the defendant of their use. |
Civil Procedure |
|
A. Hurwitz | Mar. 6, 2024 |
22-56054
|
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 | Mar. 6, 2024 |
G062056
|
Applied Medical Distribution Corp. v. Jarrells
Opinion |
|
Mar. 12, 2024 | ||
A164480
|
Modification: Balakrishnan v. The Regents of the University of California
Professor's dismissal from UC Santa Cruz was upheld because his inappropriate sexual conduct towards two non-students at off-campus events related to his relation with the "community." |
Torts |
|
T. Jackson | Mar. 5, 2024 |
F085832
|
TRC Operating Co. v. Shabazian 3
Regulations adopted by CalGEM requiring cessation of oil and gas operations near surface expressions were not in conflict the Public Resources Code authorizing statue. |
Administrative Agencies |
|
M. Snauffer | Mar. 5, 2024 |
23-719
|
Trump v. Anderson
States have no power under the Constitution to enforce Section 3 of the Fourteenth Amendment with respect to federal offices, especially the Presidency. |
Constitutional Law |
|
P. Curiam (USSC) | Mar. 5, 2024 |
23-156
|
Speech First, Inc. v. Sands
Order |
|
Mar. 5, 2024 | ||
22-16783
|
Peridot Tree, Inc. v. City of Sacramento
Abstention was improper in cannabis dispensary's dormant Commerce Clause claim because it was unclear how the claim could be avoided by a state-court ruling. |
Civil Procedure |
|
S. Mendoza | Mar. 5, 2024 |
S277487
|
People v. Hardin
Expanded statutory parole system for youthful offenders did not violate equal protection clause by excluding youthful offenders sentenced to life without parole because exclusion was rationally related to government interest. |
Criminal Law and Procedure |
|
L. Kruger | Mar. 5, 2024 |
S266034
|
Niedermeier v. FCA US LLC
Under California's lemon law, neither trade-in credit nor sale proceeds reduce the statutory restitution remedy where a consumer has been forced to trade in or sell a defective vehicle due to the manufacturer's violation of the statute. |
Consumer Law |
|
K. Evans | Mar. 5, 2024 |
21-56056
|
Huntsman v. Corporation of the President of the Church of Jesus Christ of Latter-Day Saints
Order |
|
Mar. 4, 2024 | ||
23-4292
|
Linthicum v. Wagner
Because a legislator has no First Amendment right to use official powers for expressive purposes, legislative walkouts are not protected activity. |
Constitutional Law |
|
P. Curiam (9th Cir.) | Mar. 4, 2024 |
E082250
|
In re Miguel R.
In examining the factors to determine a minor's amenability to rehabilitation, no single factor is statutorily required to be given greater weight. |
Juveniles |
|
F. Menetrez | Mar. 4, 2024 |
E081770
|
Lunsted v. Superior Court (People)
Even though a subpoena duces tecum was issued by the prosecution, it was still subject to factor-based legal standard for determining whether good cause existed to overcome motion to quash. |
Criminal Law and Procedure |
|
F. Menetrez | Mar. 4, 2024 |
20-56254
|
Smith v. Agdeppa
Order |
|
Mar. 4, 2024 |