| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
E081902
|
Soto v. Superior Court
Teacher's retirement system was statutorily entitled to recover from a teacher's medical malpractice settlement. |
Education |
|
F. Menetrez | May 31, 2024 |
|
21-55768
|
Phillips v. U.S. Customs and Border Prot.
Order |
|
May 31, 2024 | ||
|
22-842
|
National Rifle Association of America v. Vullo
National Rifle Association plausibly alleged First Amendment violation by government official who used her status to induce NRA-affiliates to terminate gun-promoting relationships. |
Constitutional Law |
|
S. Sotomayor | May 31, 2024 |
|
22-982
|
Thornell v. Jones
Ninth Circuit's interpretation and application of *Strickland v. Washington* was erroneous. |
Constitutional Law, Criminal Law and Procedure |
|
S. Alito | May 31, 2024 |
|
22-529
|
Cantero v. Bank of America
Applying the Dodd Frank "significant interference" standard for state law preemption required a comparative analysis to determine whether it would fundamentally interfere with banks in their daily course of business. |
Banking |
|
B. Kavanaugh | May 31, 2024 |
|
22-16463
|
Bercy v. City of Phoenix
Hostile work environment claims that were part of an ongoing pattern of conduct taking place before a bankruptcy filing belonged to the bankruptcy estate. |
Bankruptcy |
|
A. Johnstone | May 31, 2024 |
|
S266590
|
Prang v. Los Angeles County Assessment Appeals Board
"Change in ownership" measures proportional beneficial ownership interests in corporate real property by corporate stock generally with no special analysis as to whether the stock is voting or non-voting. |
Tax |
|
K. Evans | May 31, 2024 |
|
S272850
|
Wheeler v. Appellate Division of Superior Court
Trial court did not err in considering plaintiff's innocent state of mind when it dismissed misdemeanor strict liability charges in furtherance of justice. |
Criminal Law and Procedure |
|
M. Jenkins | May 31, 2024 |
|
D082865
|
People v. Superior Court (Chagolla)
There was insufficient evidence to imply malice for a defendant who caused a lethal car accident by remaining in her car after a police chase where defendant was nonresponsive and incoherent. |
Criminal Law and Procedure |
|
R. Huffman | May 31, 2024 |
|
F086052
|
Eagle Fire and Water Restoration, Inc. v. City of Dinuba et al.
Trial court retained jurisdiction to enforce settlement agreement because cross-complaint had not been dismissed yet and, therefore, the case remained "pending litigation." |
Civil Procedure |
|
D. Franson | May 31, 2024 |
|
D083441
|
San Diego Unified School Dist. v. Superior Court (John Doe D.Y.)
Section 340.1 (childhood sexual assault) ruling that case could proceed against defendant was not a merits-based fact determination for purposes of a Section 170.6 judicial peremptory challenge. |
Civil Procedure |
|
J. Castillo | May 30, 2024 |
|
A163185
|
Marriage of Dadashian
Because one spouse had exclusive access and information to couple's asset, trial court was required to apply *Margulis* to shift burden on managing spouse to account for missing asset. |
Family Law |
|
T. Stewart | May 30, 2024 |
|
E082481
|
San Antonio Regional Hospital v. Superior Court (Musharbash)
Proffered declaration of nurse anesthetist was insufficient to demonstrate triable issue of fact regarding standard of care for a medical context outside her area of expertise. |
Health Care, Torts |
|
M. Raphael | May 30, 2024 |
|
A168411
|
People v. Pritchett
Good faith exception to the exclusionary rule applied where detective took objectively reasonable steps to determine whether the defendant was on searchable probation before warrantless search of hotel room. |
Criminal Law and Procedure |
|
M. Langhorne Wilson | May 30, 2024 |
|
B325545
|
Ayach et al. v. The Regents of the University of California
Because student disciplinary hearings leading to fraternity students' expulsion only required full opportunity to present their defenses, university met due process requirements. |
Education |
|
F. Rothschild | May 30, 2024 |
|
23-35021
|
Bearden v. City of Ocean Shores
Order |
|
May 30, 2024 | ||
|
22-50235
|
U.S. v. Chanel Wiley
Because ankle monitors are not inherently prejudicial, defendant was required to prove actual prejudice to sustain her claim that ankle monitor's beeping during trial warranted a new trial. |
Criminal Law and Procedure |
|
J. Owens | May 30, 2024 |
|
B331994
|
G.G. v. G.S.
A domestic violence restraining order should be renewed in the absence of intentional violations of the initial order if the protected person had a reasonable apprehension of future abuse. |
Family Law |
|
H. Zukin | May 30, 2024 |
|
22-55906
|
Stiffler v. O'Malley
Administrative law judge appropriately disregarded treating physician's medical opinion because it was inconsistent with other medical evidence and lacked supporting objective medical findings. |
Administrative Agencies |
|
J. Rawlinson | May 29, 2024 |
|
23-5171
|
Cunningham v. Florida
Order |
|
May 29, 2024 | ||
|
B322246
|
Key v. Tyler
A lack of no-contest clause in an amendment to a trust with a no-contest clause did not mean that assets under the amendment were exempt from forfeiture. |
probate_and_trusts |
|
E. Lui | May 29, 2024 |
|
B320948
|
Simple Avo Paradise Ranch, LLC v. Southern Cal. Edison Co.
Current case law prevented appellate court from ceasing defendant's questionable tactic in brokering a stipulated judgment with one of hundreds of plaintiffs to facilitate appeal of unfavorable ruling. |
Civil Procedure |
|
G. Martinez | May 28, 2024 |
|
22-50288
|
U.S. v. Groppo
Criminal defendant was not eligible for expungement because his request for relief was based solely on equitable grounds. |
Criminal Law and Procedure |
|
G. Katzmann | May 28, 2024 |
|
22-56216
|
Jane Doe v. Fitzgerald
A mandatory stay for a civil action under the Trafficking Victims Protection Reauthorization Act does not require the defendant be named in the corresponding criminal action. |
Torts, Criminal Law and Procedure |
|
S. Ikuta | May 28, 2024 |
|
C098711
|
Modification: 3 Stonedeggs, Inc. et al. v. Workers' Compensation Appeals Board et al.
Employee who was injured while driving into town from temporary work camp was covered under the Commercial Traveler rule despite employer expectation that employees avoid driving into town. |
Workers' Compensation |
|
H. Hull | May 28, 2024 |
|
B330640
|
Cook v. University of Southern California et al.
Employment arbitration agreement's indefinite scope and duration rendered it unconscionable. |
Arbitration |
|
H. Zukin | May 28, 2024 |
|
A162561
|
Williams v. J-M Manufacturing Company
In an asbestos secondary exposure case, limitation on bystander liability in negligence cases did not apply in strict products liability context where focus was on foreseeability of use, rather than duty of care. |
Torts |
|
M. Miller | May 24, 2024 |
|
B323303
|
Hernandez v. Sohnen Enterprises
Federal arbitration standards preempted California arbitration laws when the agreement expressly adopted the Federal Arbitration Act but was silent as to adopting California requirements. |
Arbitration |
|
C. Moor | May 24, 2024 |
|
B327665
|
Mar v. Perkins
An employee who promptly rejects an employer's modification to its dispute policy to require arbitration will not be bound, even if he continues to work for the company. |
Arbitration, Contracts |
|
G. Feuer | May 24, 2024 |
|
22-807
|
Alexander v. South Carolina State Conference of the NAACP
South Carolina's redistricting that arguably diluted the voting power of Black voters was constitutional where it appeared that the redistricting served partisan goals, with racial impact being merely a side effect. |
Constitutional Law |
|
S. Alito | May 24, 2024 |
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