| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
G061764
|
People v. Rios
Officer's testimony regarding laser narcotics identification test should have been excluded because it was based on new scientific technique, and prosecution failed to establish its general acceptance among scientific community. |
Criminal Law and Procedure |
|
E. Moore | Feb. 27, 2024 |
|
G062263
|
People v. McDowell
Elevated sentence was not error under Senate Bill 81 where the sentence was imposed pursuant to an alternative punishment provision for aggravated circumstances of underlying felony rather than an enhancement. |
Criminal Law and Procedure |
|
K. O'Leary | Feb. 27, 2024 |
|
A166401
|
Modification: County of Alameda v. Alameda County Taxpayers' Assn., Inc.
Despite involvement of certain government officials, voter tax initiative, passed by simple majority, was valid. |
Tax |
|
G. Burns | Feb. 27, 2024 |
|
24-275
|
Creech v. Richardson
Death row inmate's third habeas petition was properly dismissed as violating rule against successive petition given because his claim had been ripe and could have made in his prior petition. |
Prisoners' Rights |
|
P. Curiam | Feb. 27, 2024 |
|
24-978
|
Creech v. Tewalt
Death row inmate's due process claims regarding his method of execution lacked merit. |
Constitutional Law |
|
P. Curiam | Feb. 27, 2024 |
|
24-1000
|
Creech v. Bennetts
Death row inmate's petition for commutation was denied because the Commission of Pardons and Parole's proceedings were not wholly arbitrary. |
Constitutional Law |
|
P. Curiam | Feb. 27, 2024 |
|
23-55735
|
Jamgotchian v. Ferraro
California Horse Racing Board decision did not preclude 42 U.S.C. Section 1983 constitutional claims in federal court because the Board lacked authority to decide constitutional claims. |
Civil Procedure |
|
D. Bress | Feb. 27, 2024 |
|
S273368
|
TriCoast Builders, Inc. v. Fonnegra
Where the right to a jury trial has been validly waived and relief from the waiver subsequently denied, obtaining reversal of the denial requires the appellant to demonstrate actual prejudice. |
Constitutional Law |
|
L. Kruger | Feb. 27, 2024 |
|
B324852
|
Modification: People v. Franco
Since defendant provided substantial evidence of 37 years of law-abiding behavior, defendant was entitled to be removed from sex offender registry despite his underlying sex crime's atrocity. |
Criminal Law and Procedure |
|
B. Hoffstadt | Feb. 26, 2024 |
|
B327413
|
Modification: City of Norwalk v. City of Cerritos
City was immune from liability for public nuisance caused by the necessary consequences of the statutorily authorized adoption of an ordinance that prohibited certain trucks from using its streets. |
Immunity |
|
B. Hoffstadt | Feb. 26, 2024 |
|
B323731
|
Modification: Riddick v. City of Malibu
Trial court's order directing the City of Malibu to process proposed accessory dwelling unit as exempt from coastal development permit requirements was affirmed. |
Real Property |
|
D. Kim | Feb. 26, 2024 |
|
B323186
|
Modification: Shalghoun v. North Los Angeles County Regional Center, Inc.
Regional center had no duty to protect employees of a residential facility that accepted a developmentally disabled person as a resident, despite facility's request that regional center relocate the resident. |
Torts |
|
B. Hoffstadt | Feb. 26, 2024 |
|
E080888
|
In re Samantha F.
Duty of inquiry about child's possible Native American ancestry extended to all available family members regardless of how child was removed from custody. |
Dependency |
|
M. Raphael | Feb. 26, 2024 |
|
H049430
|
People v. Ferenz
Defendant could not replace appointed counsel because she provided adequate representation considering the evidence and charges. |
Attorneys |
|
M. Greenwood | Feb. 23, 2024 |
|
22-55199
|
Transamerica Life Insurance Co. v. Arutyunyan
District court did not abuse its discretion in entering a default judgment as a sanction for defendants' repeated violations of court orders. |
Civil Procedure |
|
D. Collins | Feb. 23, 2024 |
|
20-15948
|
Teter v. Lopez
Order |
|
Feb. 23, 2024 | ||
|
S275746
|
People v. Clark
Proving a "pattern of criminal gang activity" following Assembly Bill 333's amendments requires a nexus between the two predicate offenses to a gang as an organized, collective enterprise. |
Criminal Law and Procedure |
|
L. Kruger | Feb. 23, 2024 |
|
B326944
|
People v. Hall
Because defendant's actions after fleeing from mental health diversion program met statutory definition of criminal conduct, trial court did not err in reinstating his criminal proceedings. |
Criminal Law and Procedure |
|
G. Weingart | Feb. 23, 2024 |
|
B321481
|
City of Lancaster v. Netflix, Inc.
Sustaining demurrer without leave to amend was appropriate where local government lacked a statutory cause of action for non-payment of video service provision franchise fees against non-franchise holders. |
Utilities |
|
L. Lavin | Feb. 23, 2024 |
|
D080978
|
Andrade v. Western Riverside Council of Governments
Plaintiff was entitled to attorney's fees under Civil Code Section 1717 because the Property Assessed Clean Energy assessment agreements could not limit the attorney's fee provisions to only foreclosure proceedings. |
Contracts |
|
W. Dato | Feb. 22, 2024 |
|
22-500
|
Great Lakes Insurance SE v. Raiders Retreat Realty Co.
Choice-of-law provisions in maritime insurance contract was enforceable under federal maritime law because it was presumptively valid and there was no applicable exception. |
Maritime Law |
|
B. Kavanaugh | Feb. 22, 2024 |
|
22-721
|
McElrath v. Georgia
Verdict of "not guilty by reason of insanity" constituted an acquittal for double jeopardy purposes notwithstanding jury's inconsistent verdicts. |
Criminal Law and Procedure |
|
K. Jackson | Feb. 22, 2024 |
|
23-16032
|
East Bay Sanctuary Covenant v. Biden
Order |
|
Feb. 22, 2024 | ||
|
B320814
|
Modification: Baker v. Pacific Oaks Education Corp.
Plaintiffs contending childcare center exceeded licensing "capacity limitation" must show physical attendance rather than merely enrollment. |
Education |
|
R. Adams | Feb. 22, 2024 |
|
D081713
|
People v. Garcia
Trial court's decision authorizing hospital to involuntarily administer antipsychotic medication to plaintiff was substantially supported by the evidence. |
Criminal Law and Procedure |
|
J. McConnell | Feb. 22, 2024 |
|
B327473
|
People v. Kim
Officers' false statements in police reports regarding hitting a fleeing suspect with their car were "material" since a reasonable person would deem them an important part of the reports. |
Criminal Law and Procedure |
|
D. Kim | Feb. 21, 2024 |
|
B331175
|
People v. Yeager-Reiman
Because plaintiff's prosecution for defrauding veteran's program was not preempted by federal regulations, trial court had jurisdiction over his case. |
Criminal Law and Procedure |
|
D. Kim | Feb. 21, 2024 |
|
23-203
|
Missouri Department of Corrections v. Finney
Order |
|
Feb. 21, 2024 | ||
|
23-170
|
Coalition for TJ v. Fairfax County School Board
Order |
|
Feb. 21, 2024 | ||
|
22-7871
|
In re Bowe
Order |
|
Feb. 21, 2024 |
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