Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B327716
|
In re R.M.
Juvenile court improperly made minor a dependent child since parents were incarcerated for murder but not incapable of making preparations for relatives to care for the child. |
Juveniles, Administrative Agencies |
|
L. Lavin | Feb. 1, 2024 |
A166946
|
Myasnyankin v. Nationwide Mutual Ins. Co.
Opinion |
|
Feb. 1, 2024 | ||
A166401
|
County of Alameda v. Alameda County Taxpayers' Assn., Inc.
Despite involvement of certain government officials, voter tax initiative, passed by simple majority, was valid. |
Taxation |
|
G. Burns | Jan. 31, 2024 |
B326830
|
Kader v. Southern California Medical Center, Inc.
Trial court properly denied motion to compel arbitration of sexual harassment claims where no conduct had been brought to the employer's attention at the time of the agreement's execution. |
Arbitration |
|
C. Moor | Jan. 31, 2024 |
H049949
|
Ramsey v. Comcast Cable Communications, LLC
Arbitration agreement was unenforceable when cable subscriber's complaint against cable company's purported deceptive practices sought public injunctive relief. |
Consumer Law |
|
M. Greenwood | Jan. 31, 2024 |
B325525
|
In re Duong
Petitioner could not file an appeal from the denial of his writ of habeas corpus under newly enacted Penal Code Section 1509.1 because he was not in custody pursuant to the death penalty when he filed his appeal. |
Criminal Law and Procedure |
|
F. Rothschild | Jan. 31, 2024 |
D080776
|
People v. Brooks
Witness asserted valid Fifth Amendment privilege through counsel despite not being called and sworn, so related jury instruction was proper. |
Criminal Law and Procedure |
|
J. Castillo | Jan. 31, 2024 |
A165210
|
Newman v. Casey
While trial court properly issued restraining orders in elder abuse case, it exceeded its statutory authority by issuing a subsequent order voiding the transfer deed. |
Probate and Trusts |
|
J. Humes | Jan. 31, 2024 |
C098376
|
In re K.B.
Convictions must be for a felony offense or a misdemeanor involving moral turpitude to disqualify a minor from automatic dismissal of their juvenile justice petition. |
Juveniles |
|
S. Boulware Eurie | Jan. 31, 2024 |
C097776
|
In re A.K.
Order terminating biological father's parental rights was reversed after juvenile court and County agency failed to follow statutorily-mandated notice requirements. |
Dependency |
|
S. Boulware Eurie | Jan. 31, 2024 |
A162356
|
People v. Underwood
Resentencing was required where criminal defendant could no longer be convicted of felony murder because his participation in underlying felony lacked intent to kill or reckless indifference to human life. |
Criminal Law and Procedure |
|
M. Miller | Jan. 31, 2024 |
A157055
|
Modification: Marriage of Whitman
Trial court erred in holding community property responsible for civil penalty imposed due to spouse's illegal insider trading during the marriage. |
Family Law |
|
T. Stewart | Jan. 30, 2024 |
A166850
|
Modification: In re Tony R.
Juvenile ward who had been substantially complying with his rehabilitation plan was not presumptively entitled to a six-month reduction in his baseline term of confinement. |
Juveniles |
|
T. Stewart | Jan. 30, 2024 |
23‐1112
|
In re: Kirk Eugene Frantz and Mary Elizabeth Frantz
Attorney's unprofessional conduct was not sufficient to warrant the imposition of sua sponte sanctions under the Federal Rules of Bankruptcy Procedure where the conduct was not roughly equivalent to contempt. |
Bankruptcy |
|
R. Faris | Jan. 30, 2024 |
C096304
|
Modification: Planning and Conservation League v. Dept. of Water Resources
Environmental impact analysis of amendments extending existing State Water Project contracts did not violate the California Environmental Quality Act despite testimony they could be used to fund a separate project. |
Water Rights |
|
S. Mesiwala | Jan. 29, 2024 |
B320814
|
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 | Jan. 29, 2024 |
D079905
|
Epochal Enterprises, Inc. v. LF Encinitas Properties, LLC
Lease provision limiting landlord's liability was invalid where that liability was necessarily based on the landlord's violation of statutory duty to disclose existence of hazardous substance on nonresidential real property. |
Real Property |
|
J. Kelety | Jan. 29, 2024 |
E080924
|
Mosby v. Superior Court (People)
Trial court erred in not proceeding to Racial Justice Act evidentiary hearing where petitioner provided evidence that the DA's office sought convictions for more serious offenses against African-Americans. |
Criminal Law and Procedure |
|
D. Miller | Jan. 29, 2024 |
21-10109
|
U.S. v. Virgen-Mendoza
Government's misstatement that co-conspirator did not need actual knowledge of his brother's intent to flee was not prejudicial because it presented evidence that defendant knew of his brother's flight. |
Criminal Law and Procedure |
|
G. Sanchez | Jan. 29, 2024 |
22-16335
|
Martinez v. High
Officer who disclosed confidential report of abuse to plaintiff's abuser was entitled to qualified immunity because the violation was not yet clearly established. |
Qualified Immunity |
|
R. Desai | Jan. 29, 2024 |
22-55806
|
Holt v. County of Orange
Federal tolling statute did not apply to voluntarily dismissed pending supplemental state law claims, so subsequent complaint asserting those claims filed after the original limitations period expired was untimely. |
Civil Procedure |
|
W. Fletcher | Jan. 29, 2024 |
23A688
|
Smith v. Hamm
Order |
|
Jan. 29, 2024 | ||
D080606
|
People v. Cartwright
Footage from City ID streetlight camera of defendant's robbery did not violate Fourth Amendment because defendant had no reasonable expectation of privacy on San Diego street during the day. |
Criminal Law and Procedure |
|
W. Dato | Jan. 26, 2024 |
C095426
|
Miszkewycz v. County of Placer
Defendant was not required to comply with Rules of Court Rule 3.1322 (standards for motions to strike) for its anti-SLAPP motion. |
Anti-SLAPP |
|
R. Robie | Jan. 26, 2024 |
18-56414
|
Tekoh v. County of Los Angeles
Order |
|
Jan. 26, 2024 | ||
B323186
|
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 | Jan. 26, 2024 |
B332361
|
Chavez v. Superior Court (People)
Trial court had post-indictment authority to resubmit enhancement to grand jury to permit prosecution to present evidence relevant to newly enacted elements of gang enhancement rather than dismissing it. |
Criminal Law and Procedure |
|
B. Hoffstadt | Jan. 26, 2024 |
B324852
|
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 | Jan. 26, 2024 |
21-50303
|
U.S. v. Gambino-Ruiz
Government did not violate defendant's due process rights when it removed him via expedited proceedings, and he was properly convicted of illegal reentry. |
Criminal Law and Procedure |
|
J. Bybee | Jan. 25, 2024 |
E079840
|
Kinney v. City of Corona
Although linguistic ambiguity may have been present, Section 998 offer was unambiguous where there was no evidence recipient had reason to believe in more than one interpretation. |
Civil Procedure |
|
R. Fields | Jan. 25, 2024 |