Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B323865
|
Endeavor Operating Co., LLC v. HDI Global Insurance Co.
Cessation of business operations due to COVID-19 pandemic was not a covered loss under insurance policy that covered risk of loss resulting from direct physical loss or damage to policy. |
Insurance |
|
B. Hoffstadt | Sep. 25, 2023 |
A164880
|
Liapes v. Facebook, Inc.
Plaintiff's Unruh Act intentional discrimination claim survived dismissal because Facebook's audience selection tools for insurance ads intentionally discriminated based on age and gender. |
Civil Rights |
|
V. Rodriguez | Sep. 25, 2023 |
D081670
|
EpicentRx, Inc. v. Superior Court (EpiRx LP)
Trial court properly declined to enforce forum selection clauses because plaintiffs would be deprived of their right to a jury trial if forced to litigated in the Delaware Court of Chancery. |
Civil Procedure |
|
J. McConnell | Sep. 25, 2023 |
D080779
|
People v. Burns
Penal Code Section 1172.6 resentencing request was properly denied when assertion of jury instructional error did not involve statutory changes to felony murder doctrine. |
Criminal Law and Procedure |
|
W. Dato | Sep. 25, 2023 |
22-55276
|
Harstein v. Hyatt Corp.
Hyatt's temporary furlough of hotel workers due to COVID-19 constituted a "discharge" that required immediate payment of earned wages. |
Employment Law |
|
A. Tashima | Sep. 25, 2023 |
20-15908
|
Jensen v. EXC Inc.
District court erroneously allowed the introduction of hearsay opinions of a non-testifying putative expert. |
Evidence |
|
D. Collins | Sep. 25, 2023 |
A166091
|
Yerba Buena Neighborhood v. Regents of the University of California
Pursuant to Public Resources Code Section 21099, University of California Regent's Environmental Impact Report for San Francisco campus project need not include an aesthetics analysis. |
Environmental Law |
|
A. Tucher | Sep. 22, 2023 |
S263972
|
Modification: Pico Neighborhood Association v. City of Santa Monica
The federal Voting Rights Act's majority-minority requirement is not required for a California Voting Rights Act claim. |
Government |
|
K. Evans | Sep. 22, 2023 |
22-15557
|
Kelsey v. Garrett
Order |
|
Sep. 22, 2023 | ||
21-56292
|
Wallingford v. Bonta
Appeal of three-year-long restraining order was moot where the order had expired, and the plaintiffs were unable to demonstrate it was an issue capable of repetition yet evading review. |
Civil Procedure |
|
M. Bennett | Sep. 22, 2023 |
22-35305
|
Martinez v. ZoomInfo Technologies, Inc.
The public interest anti-SLAPP exemption applied to plaintiff because her individual relief would not exceed or differ from the relief sought on behalf of the general public. |
Anti-SLAPP |
|
M. McKeown | Sep. 22, 2023 |
B317848
|
Estrada v. Public Employees' Retirement System
Plea agreement for a felony constitutes a "conviction" for purposes of determining public retirement benefits even if the felony conviction is later reduced to a misdemeanor. |
Government |
|
V. Viramontes | Sep. 22, 2023 |
B315814
|
Shaw v. Los Angeles Unified School Dist.
Case against school district for distance-learning policies during pandemic was not moot because parents claimed that students were still being harmed by the policies and relief was available. |
Education |
|
B. Currey | Sep. 21, 2023 |
C095560
|
People v. Morones
Defendant's attempts to get his children to lie to law enforcement regarding their victimization did not constitute attempts to dissuade a witness from reporting a crime or testifying at trial. |
Criminal Law and Procedure |
|
L. Earl | Sep. 21, 2023 |
F082140
|
People v. Suazo
Drunk driver's second degree murder charge was upheld because there was evidence he drove to a birthday party without a plan to avoid driving with a dangerous blood-alcohol level. |
Criminal Law and Procedure |
|
J. Detjen | Sep. 21, 2023 |
F083253
|
Davis Boat Manufacturing-Nordic, Inc. v. Smith
Code of Civil Procedure Section 669.730, which prohibits the forced sale of a judgment debtor's home to satisfy a consumer debt, violates neither the Contract nor the Equal Protection Clauses. |
Consumer Law |
|
J. Detjen | Sep. 21, 2023 |
H049408
|
Modification: People v. Moyer
Penal Code's definition of bribery does not require that the target personally receive the thing of value promised in exchange for the official action. |
Criminal Law and Procedure |
|
D. Bromberg | Sep. 21, 2023 |
B322732
|
Jimenez v. Mrs. Gooch's Natural Food Markets, Inc.
Where employer's provision of first aid occurred as part of its employer role, workers' compensation was exclusive remedy for decedent-employee's family. |
Workers' Compensation |
|
L. Lavin | Sep. 21, 2023 |
22-30048
|
U.S. v. Marschall
The recidivist version of the crime of introduction of misbranded drugs into commerce does not have a scienter element that the defendant knew the drug was misbranded. |
Criminal Law and Procedure |
|
D. Collins | Sep. 21, 2023 |
C096394
|
Brinsmead v. Elk Grove Unified School District
Parents' allegations of school bus's untimeliness, forcing daughter to find alternate transportation and subsequent death, overcame school district's immunity for purposes of demurrer. |
Education |
|
S. Mesiwala | Sep. 20, 2023 |
C095414
|
Modification: People v. Perez-Robles
Unlawful restraint does not require physical restraint and may be accomplished by perpetrator's words, acts, or authority. |
Criminal Law and Procedure |
|
L. Earl | Sep. 20, 2023 |
B308055
|
Maarten v. Cohanzad
Evicted plaintiffs alleged sufficient facts demonstrating that issue of whether landlords' placement of the property on Airbnb was for residential purposes could be determined by facts common to the class. |
Real Property |
|
R. Adams | Sep. 20, 2023 |
B321876
|
Long Beach Memorial Medical Center v. Allstate Insurance Co.
Delivery of two-party check that was never cashed was not a payment that satisfied properly notified insurer's duty to pay hospital lien from settlement proceeds before paying the injured party. |
Health Care |
|
J. Segal | Sep. 20, 2023 |
H050153
|
People v. Aguilar-Jimenez
Trial court's Penal Code Section 995 dismissal, recharged by information after magistrate dismissed the counts under Section 871 in the same action, did not run afoul of two-dismissal rule. |
Criminal Law and Procedure |
|
C. Lie | Sep. 19, 2023 |
22-35573
|
Alaska Railroad Corp. v. Flying Crown Subdivision
District Court properly granted summary judgment for Alaska Railroad Corp. in property rights action regarding a 100-year-old railroad easement. |
Real Property |
|
J. Nguyen | Sep. 19, 2023 |
B318954
|
Santa Paula Animal Rescue Center, Inc. v. County of Los Angeles
County lacked discretion to refuse to release dog scheduled for euthanasia that it determined had behavioral problems where non-profit animal rescue organization requested the dog's release before the scheduled euthanasia. |
Animal Law |
|
C. Moor | Sep. 19, 2023 |
21-55926
|
Garcia v. Gateway Hotel L.P.
With Americans with Disabilities Act claims, courts may discretionarily award costs to the prevailing party pursuant to Federal Rule of Civil Procedure 54(d)(1). |
Disability Discrimination |
|
B. Bade | Sep. 18, 2023 |
F083402
|
Cruz v. City of Merced
Trial court erred in applying collateral estoppel against a police officer based on findings in a criminal suppression hearing regarding an allegedly illegal search the officer had performed. |
Civil Procedure |
|
C. Poochigian | Sep. 15, 2023 |
B326887
|
Li v. Jenkins
Anti-SLAPP motion was properly denied since there was no "functional relationship" between excluding an executive producer of a popular docuseries and the public interest in the project and its themes. |
Anti-SLAPP |
|
E. Grimes | Sep. 15, 2023 |
A167241
|
People v. Pomar
Entire district attorney's office may be recused when facts show that "ethical wall" was not enough to shield District Attorney's influence in case involving her relative. |
Criminal Law and Procedure |
|
D. Chou | Sep. 15, 2023 |