Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
22-35978
|
Idaho Conservation League v. Poe
Because defendant's suction dredge mining activity was not a simple transfer of water, it required a Clean Water Act permit. |
Environmental Law |
|
M. Smith | Nov. 21, 2023 |
S275788
|
People v. Salazar
Case was remanded for resentencing under the newly enacted Senate Bill No. 567 because defendant had qualifying psychological trauma and violence criminal history did not outweigh the lower term presumption. |
Criminal Law and Procedure |
|
J. Groban | Nov. 21, 2023 |
S273340
|
Gantner v. PG&E Corp.
Public Utilities Code Section 1759 barred class action lawsuit alleging electric company's negligent maintenance of power grids economically harmed its customers. |
Utilities |
|
G. Liu | Nov. 21, 2023 |
C097326
|
People v. Mosqueda
California's gun licensing statute does not facially violate the Second Amendment because its invalid portions were severable. |
Constitutional Law |
|
H. Hull | Nov. 21, 2023 |
B312618
|
People v. Banks
Sufficient evidence supported finding that criminal defendant used force to cause a minor to engage in a commercial sex act where text messages showed defendant was abusive and psychologically manipulative. |
Criminal Law and Procedure |
|
K. Yegan | Nov. 21, 2023 |
B324207
|
People v. Allen
Defendant was ineligible for felony murder amendment resentencing because all charges the jury was instructed on required a finding of intent to kill. |
Criminal Law and Procedure |
|
H. Baltodano | Nov. 21, 2023 |
23A366
|
Griffin v. HM Florida-ORL LLC
Order |
|
Nov. 20, 2023 | ||
A164994
|
Land v. California Unemployment Insurance Appeals Bd.
Order |
|
Nov. 20, 2023 | ||
F085582
|
People v. Reyes
Defendant was ineligible for resentencing under Penal Code Section 1172.6 because his conviction occurred after the changes to murder liability had already become effective. |
Criminal Law and Procedure |
|
H. Levy | Nov. 20, 2023 |
21-352
|
Zuniga De La Cruz v. Garland
Exclusionary rule does not apply to civil immigration proceedings, so statements admitting illegal presence in the United States were admissible absent any evidence of coercion. |
Immigration |
|
D. Bress | Nov. 20, 2023 |
B319925
|
In re Hicks
Mixed offense inmate who was not currently serving the sentence for his violent felony was not entitled to early parole consideration. |
Criminal Law and Procedure |
|
E. Lui | Nov. 20, 2023 |
B317918
|
Modification: Tak Chun Gaming Promotion Company Limited v. Long
California's well-established, extensive public policy against gambling indebtedness prevented foreign entity's attempt to use California court to enforce gambling debt. |
Gaming |
|
B. Hoffstadt | Nov. 20, 2023 |
A166176
|
Escamilla v. Vannucci
Trial court did not err in granting defendant attorney's anti-SLAPP motion because malicious prosecution claim was time-barred by one-year statute of limitations. |
Attorneys |
|
W. Getty | Nov. 17, 2023 |
22-90006
|
In re: Complaint of Judicial Misconduct
Order |
|
Nov. 17, 2023 | ||
22-35632
|
Glanden v. Kijakazi
Denial of social security disability insurance benefits at step two of the five-step process was improper because only a de minimis showing of disability was required to proceed with the analysis. |
Administrative Agencies |
|
R. Paez | Nov. 17, 2023 |
G061267
|
Lurner v. American Golf Corp.
Golf course did not discriminate against plaintiff with pulmonary arterial hypertension because it provided reasonable modifications to its golf cart policies, exempting him from many, though not all normal cart restrictions. |
Disability Discrimination |
|
M. Sanchez | Nov. 16, 2023 |
A164374
|
People v. Gomez
Remanding restitution order for noneconomic losses was necessary where the record contained no evidence regarding of the impact the crimes had on the victim. |
Criminal Law and Procedure |
|
M. Simons | Nov. 16, 2023 |
B326119
|
In re Kayla W.
Court did not violate UCCJEA in terminating parental rights without consulting Nevada court, which had already relinquished jurisdiction. |
Dependency |
|
L. Edmon | Nov. 16, 2023 |
A164370
|
People v. Villegas
Defendant must be informed of potential longer sentence to not run afoul of due process fair notice violation. |
Criminal Law and Procedure |
|
S. Margulies | Nov. 16, 2023 |
A165272
|
Oswald v. Landmark Builders
Trial court was within its discretion to determine that COVID-19 courtroom closures did not make it impossible or impractical for plaintiffs to commence trial in a timely fashion. |
Civil Procedure |
|
I. Petrou | Nov. 16, 2023 |
B325853
|
Castaic Studios v. Wonderland Studios
Because the parties specified that their contract was a license agreement--not a lease--and was to be governed by contract law, the landowner could not pursue an unlawful detainer action. |
Contracts |
|
L. Rubin | Nov. 16, 2023 |
H050105
|
Marriage of V.S. & V.K.
Trial court did not err by concluding that the Hindu marriage ceremony was not legally binding on spouse who was not domiciled in India and did not submit to be bound by the Hindu Marriage Act of 1955. |
Family Law |
|
C. Lie | Nov. 16, 2023 |
B319260
|
Sepanossian v. National Ready Mix Co.
Allegations that fees for energy and environmental costs were unrelated to any actual costs borne by the defendant and were deceptive were sufficient to state a claim for unfair competition. |
Business Law |
|
G. Martinez | Nov. 16, 2023 |
A166159
|
Zepeda v. Superior Court (People)
The term "circumstances in aggravation" in the amended Penal Code Section 1170(b)(2) refers to aggravating factors listed in California Rules of Court, Rule 4.421 and they are not unconstitutionally vague. |
Criminal Law and Procedure |
|
J. Goldman | Nov. 15, 2023 |
E078234
|
Jimenez v. Chavez
Application to set aside default was properly denied because, although it was timely, it was not in the proper form since it was unaccompanied by a proposed responsive pleading. |
Civil Procedure |
|
R. Fields | Nov. 15, 2023 |
E080064
|
People v. Rhodius
Defendant was not entitled to full resentencing because his now-invalid prison-prior enhancements had been previously stayed. |
Criminal Law and Procedure |
|
A. McKinster | Nov. 15, 2023 |
H049575
|
City of Marina v. County of Monterey
Where other local entities failed to form a groundwater agency, the Sustainable Groundwater Management Act allowed for local county to form groundwater agency and decide management of overlapped area. |
Water Rights |
|
P. Bamattre-Manoukian | Nov. 15, 2023 |
Statement of the Court Regarding the Code of Conduct
Order |
|
Nov. 15, 2023 | |||
B303509
|
Martin v. Board of Trustees of the California State University
Because defendant had a legitimate basis for firing employee which employee failed to rebut, trial court appropriately granted summary judgment for defendant. |
Employment Discrimination |
|
V. Viramontes | Nov. 15, 2023 |
B319377
|
Nicoletti v. Kest
Apartment complex owner did not owe a duty to injured woman since running rainwater on a concrete driveway was an obvious dangerous condition. |
Torts |
|
V. Viramontes | Nov. 15, 2023 |