| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B320116
|
People v. Mejia
Police use of multiple photographic lineups where witness was uncertain about her initial identification was reasonable and did not offend due process. |
Criminal Law and Procedure |
|
J. Wiley | Sep. 4, 2024 |
|
B323715
|
Simers v. Los Angeles Times Communications LLC
Despite plaintiff's counsel's misconduct leading to the need for another trial, trial court did not abuse its discretion in awarding her attorney's fees. |
Attorneys |
|
E. Grimes | Sep. 4, 2024 |
|
A168333
|
Modification: Taylor v. Tesla, Inc.
Despite pending parallel litigation, refusal to respond to employee record requests under the Labor Code was not protected conduct subject to the provisions of the anti-SLAPP statute. |
Anti-SLAPP, Employment Law |
|
J. Streeter | Sep. 4, 2024 |
|
23-15825
|
In re: US v. Warfield
Pro rata allocation of proceeds that were insufficient to pay tax and penalty portions of tax lien including both where trustee avoided penalty portion was inconsistent with the Bankruptcy Code. |
Bankruptcy |
|
A. De Alba | Sep. 4, 2024 |
|
23-15482
|
Garraway v. Ciufo
Absent a denial of qualified immunity, district court orders extending *Bivens* are not immediately appealable under the collateral order doctrine. |
Criminal Law and Procedure |
|
R. Tallman | Sep. 4, 2024 |
|
21-55515
|
U.S. v. Ovsepian
To excuse his procedural default, defendant convicted under divisible statute needed to demonstrate actual innocence only with respect to the prong under which he was actually tried and convicted. |
Criminal Law and Procedure, Prisoners' Rights |
|
K. Wardlaw | Sep. 4, 2024 |
|
15-16909
|
Doe I v. Cisco Systems, Inc.
Order |
|
Sep. 4, 2024 | ||
|
G062471
|
American Building Innovations v. Balfour Beatty Construction
Because subcontractor failed to maintain its license while performing the contract, it was barred from suing the contractor to collect compensation for that work. |
Business Law |
|
T. Goethals | Sep. 4, 2024 |
|
A169465
|
Mayor v. Workers' Compensation Appeals Bd.
Workers' Compensation Appeals Board order granting reconsideration issued 144 days after petition was void because the Board lost jurisdiction over the matter after 60 days by operation of statute. |
Workers' Compensation, Administrative Agencies |
|
T. Brown | Sep. 3, 2024 |
|
A167548
|
People v. Tidd
Expert testimony linking gun cartridge to defendant's firearm lacked foundation, and its admission was both erroneous and prejudicial. |
Evidence |
|
A. Tucher | Sep. 3, 2024 |
|
B324418
|
Valdovinos v. Kia Motors America, Inc.
To determine whether civil penalties could be imposed, new trial was necessary to determine whether Kia Motors' breach of Beverly-Song Act was willful. |
Consumer Law |
|
B. Hoffstadt | Sep. 3, 2024 |
|
A166899
|
People v. Daffeh
Trial court erroneously denied defendant's petition for dismissal of charges based on non-payment of victim's restitution where payment was neither ordered by the court nor set as a condition of defendant's probation. |
Criminal Law and Procedure |
|
D. Chou | Sep. 3, 2024 |
|
A166191
|
In re Hill
Habeas petitioner alleging that prosecution failed to disclose evidence it had promised not to prosecute key witness for offenses arising from conduct described during investigation established prima facie case for relief. |
Criminal Law and Procedure |
|
T. Stewart | Sep. 3, 2024 |
|
22-16742
|
Borja v. Nago
Voting laws that discriminate between former state residents living overseas and those living within the United States are subject only to rational basis review. |
Civil Rights |
|
M. Smith | Sep. 3, 2024 |
|
23-35174
|
Hunter v. U.S. Dept. of Education
Religious colleges and universities relying on Title IX's religious exemption to discriminate against students on the basis of sexual orientation does not violate the Establishment Clause. |
Education, Constitutional Law |
|
M. Smith | Sep. 3, 2024 |
|
H046146
|
Sutter's Place, Inc. v. City of San Jose
Trial court correctly concluded that regulation fee charged to gambling cardrooms funded "appropriate specific regulatory functions," but remand was required to determine whether fee included unconstitutional charges. |
Constitutional Law |
|
A. Grover | Sep. 3, 2024 |
|
H051516
|
DiMaggio v. Superior Court (People)
Trial court erred in applying good faith exception to exclusionary rule when police obtained the evidence by disregarding the timeframe limits specified in the warrant. |
Criminal Law and Procedure, Evidence |
|
A. Danner | Sep. 3, 2024 |
|
F085762
|
People v. Vigil
Trial court lacked jurisdiction to consider Racial Justice Act petition where defendant-petitioner was already serving his sentence and was not eligible for retroactive application of the Act until January 2026. |
Criminal Law and Procedure |
|
K. Meehan | Aug. 30, 2024 |
|
C098871
|
People v. I.B.
Statute's differing sex offender registration requirements for minors already in the custody of the juvenile justice system and those committed after the system's realignment did not violate equal protection. |
Juveniles |
|
S. Mesiwala | Aug. 30, 2024 |
|
23-70009
|
Brown v. Commissioner of Internal Revenue
IRS Collection Division's return of taxpayer's offer-in-compromise as nonprocessable within the 24-month timeframe for considering such offers constituted a timely rejection of the offer. |
Tax |
|
K. Wardlaw | Aug. 30, 2024 |
|
23-15857
|
Mendocino Railway v. Ainsworth
District court correctly dismissed railway's action in federal court pursuant to the Colorado River doctrine, where parallel proceedings in state court were underway. |
Civil Procedure |
|
C. Callahan | Aug. 30, 2024 |
|
23-835
|
Dominguez Ojeda v. Garland
Remand was necessary where immigration judge mistakenly believed it lacked authority to consider evidence not presented to asylum officer during reasonable fear screening. |
Immigration |
|
R. Desai | Aug. 30, 2024 |
|
23-15551
|
Berry v. Air Force Central Welfare Fund
Plaintiff could not recover attorneys' fees under the Longshore Act because Defendants paid full amount owed prior to proceeding, so there was no successful prosecution. |
Attorneys, Administrative Agencies |
|
R. Desai | Aug. 30, 2024 |
|
S262229
|
People v. Williams
Exclusion of One Strike offenders from eligibility under youth offender parole statute did not violate equal protection principles because there was a rational basis for the exclusion. |
Criminal Law and Procedure |
|
M. Jenkins | Aug. 30, 2024 |
|
G061870
|
People v. Lopez
Denying resentencing petition at prima facie stage was proper because liability for felony murder only required intent to kill coupled with participation in the underlying felony during which murder occurred. |
Criminal Law and Procedure |
|
M. Sanchez | Aug. 29, 2024 |
|
H050156
|
People v. Howard
Denying defendant's Racial Justice Act motion at the prima facie stage was error when defendant provided sufficient evidence to establish that a violation could have occurred. |
Criminal Law and Procedure |
|
A. Danner | Aug. 29, 2024 |
|
A169823
|
T.M. v. Superior Court (People)
Where minor's counsel declared doubt as to minor's competency, psychotherapist-patient privilege did not bar disclosure of minor's mental health records to court-appointed expert in competency proceeding. |
Juveniles |
|
D. Chou | Aug. 29, 2024 |
|
23-55757
|
North River Insurance Company v. James River Insurance Company
Order |
|
Aug. 29, 2024 | ||
|
23-35193
|
Crowe v. Oregon State Bar
Dues-paying bar member established an infringement on his freedom of association after Oregon State Bar's publication of statements antithetical to his views and unrelated to its regulatory purpose. |
Constitutional Law, Attorneys |
|
M. Friedland | Aug. 29, 2024 |
|
23-15108
|
Civil Beat Law Center v. Maile
Hawai'i Court Records Rule mandating categorical sealing of all medical and health records filed in state court proceedings was unconstitutionally overbroad. |
Constitutional Law |
|
R. Paez | Aug. 29, 2024 |
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