| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
22-6389
|
Brown v. U.S.
For purposes of the Armed Career Criminal Act, a state drug conviction counts as a "predicate" if it involved a drug on the federal schedules at the time of that conviction, even if the schedules later change. |
Criminal Law and Procedure |
|
S. Alito | May 24, 2024 |
|
23-3
|
Coinbase v. Suski
Whether a subsequent contract containing a forum selection clause superseded an earlier arbitration agreement, delegating question of arbitrability was for courts to decide. |
Arbitration |
|
K. Jackson | May 24, 2024 |
|
A163571
|
Ververka v. Dept. of Veterans Affairs
*Harris* case law that allows for some relief for a FEHA plaintiff even after a successful "same decision" defense does not extend to whistleblower retaliation claims. |
Employment Discrimination |
|
M. Langhorne Wilson | May 24, 2024 |
|
B321756
|
Campbell v. Los Angeles Unified School Dist.
Appellant failed to meet burden of showing evidence was insufficient to support outcome below because her opening brief did not provide appropriate citations to the administrative record. |
Civil Procedure |
|
J. Wiley | May 24, 2024 |
|
22-50110
|
U.S. v. Lucas-Hernandez
*Nazemian*'s four-factor analysis (determining whether an interpreter's statements should be attributed to the speaker) applies to the statements of a party opponent that are translated by the testifying witness. |
Criminal Law and Procedure |
|
S. Bolton | May 24, 2024 |
|
21-15163
|
Natural Resources Defense Council v. Haaland
Despite new information regarding protected species, government agencies properly followed Endangered Species Act consultation requirements. |
Environmental Law |
|
S. Ikuta | May 24, 2024 |
|
S277893
|
Another Planet Entertainment, LLC v. Vigilant Insurance Co.
Allegations of the actual or potential presence of COVID-19 on an insured's premises do not, without more, establish direct physical loss or damage to property within the meaning of a commercial property insurance policy. |
Insurance |
|
P. Guerrero | May 24, 2024 |
|
B325798
|
Modification: Stiles et al. v. Kia Motors America, Inc.
Car sold with manufacturer's original warranties benefited from the Song-Beverly Act's repair or replace remedies despite being previously owned. |
Consumer Law |
|
A. Gilbert | May 24, 2024 |
|
A165038
|
Marriage of Moore
Trial court improperly included mediation-related fees and costs incurred after filing a motion to compel in sanctions award, which were not reasonably incurred as a part of bringing the motion. |
Civil Procedure |
|
C. Fujisaki | May 23, 2024 |
|
23-35580
|
N.D. v. Reykdal
Because the State of Washington provided nondisabled 21-year-old students a form of free public education, it triggered an obligation to provide special education to disabled 21-year olds. |
Disability Discrimination |
|
E. Miller | May 23, 2024 |
|
22-56015
|
Jajati v. U.S. Customs & Border Protection
Section 701(a)(2) of the Administrative Procedure Act does not bar judicial review of Customs and Border Protection discretionary decisions to revoke individual memberships in the SENTRI program. |
Administrative Agencies |
|
C. Bea | May 23, 2024 |
|
23-16032
|
East Bay Sanctuary Covenant v. Biden
Order |
|
May 23, 2024 | ||
|
A165248
|
People v. Herrera
Jury reviewing surveillance videos admitted into evidence at different speeds and in conjunction with one another during deliberation did not create new evidence outside the record warranting a new trial. |
Criminal Law and Procedure |
|
J. Humes | May 23, 2024 |
|
A166299
|
Doskocz v. ALS Lien Services
Civil Code Section 5655, requiring delinquent assessment payments be applied first to the assessment before collection fees, serves a public purpose and cannot be waived. |
Real Property |
|
A. Castro | May 22, 2024 |
|
F085403
|
Ghost Golf, Inc. v. Newsom
Governor Newsom's COVID-19 Blueprint regime did not exceed the legislative authority granted by the Emergency Services Act and was not an improper delegation. |
Constitutional Law |
|
M. Snauffer | May 22, 2024 |
|
22-30044
|
U.S. v. Cloud
Failure of prosecutors to disclose communications between key witness and prosecution regarding her providing testimony in exchange for financial benefits was a violation of the accused's due process rights. |
Criminal Law and Procedure |
|
M. McKeown | May 22, 2024 |
|
23-35066
|
Stillaguamish Tribe of Indians v. State Washington
A tribe's claim to fish based on the Treaty of Point Elliot's "usual and accustomed grounds" determination can be established using historical evidence, even if it conflicts with other evidence. |
Native American Affairs |
|
P. Curiam (9th Cir.) | May 15, 2024 |
|
22-15302
|
Nielsen v. Thornell
Arizona inmates did not have a protected liberty interest in avoiding private prisons because they did not impose an "atypical or significant hardship" beyond ordinary prison conditions. |
Prisoners' Rights, Constitutional Law |
|
K. Lee | May 22, 2024 |
|
23-15492
|
Friends of the Inyo v. United States Forest Service
U.S. Forest Service was prohibited from combining two environmental Categorical Exclusions when neither would cover a proposed action alone. |
Environmental Law |
|
R. Desai | May 22, 2024 |
|
B320442
|
Campbell v. Los Angeles Unified School Dist.
Sustaining demurrer without leave to amend was appropriate where plaintiff failed to present her claim to school district as required by the Government Code before filing her lawsuit. |
Civil Procedure |
|
J. Wiley | May 22, 2024 |
|
A166785
|
Garcia v. Stoneledge Furniture LLC
Trial court properly found that no agreement to arbitrate existed where differences between the purported signed arbitration agreement and other signed documents impugned the agreement's authenticity. |
Arbitration |
|
I. Petrou | May 21, 2024 |
|
B321882
|
Shikha v. Lyft, Inc.
Lyft's legal duty to its drivers does not extend to conducting criminal background checks on all riders seeking to use the service. |
Torts |
|
R. Adams | May 21, 2024 |
|
B324805
|
California Specialty Insulation, Inc. v. Allied World Surplus Lines Insurance
The term "contractor" in an exclusion for a commercial liability insurance policy was ambiguous, and therefore plaintiff had a reasonable expectation that the policy would apply to its negligence claim. |
Insurance |
|
T. Raphael | May 21, 2024 |
|
S278262
|
People v. Carter
Remand was appropriate to determine whether defendant subject to petition to commit him as a sexually violent predator was entitled to disqualification of his counsel due to alleged ineffective assistance. |
Criminal Law and Procedure |
|
G. Liu | May 21, 2024 |
|
D083609
|
Lorch v. Superior Court (Kia Motors America, Inc.)
Petitioner's peremptory challenge to judge reassigned to her case filed before trial began was timely where the parties were notified of the reassignment via telephone call from the court clerk. |
Civil Procedure |
|
M. Buchanan | May 20, 2024 |
|
C097429
|
Cajon Valley Union School District et al. v. Drager
Further redevelopment agency fund payments to school districts were not required after reaching cap set in pass-through agreement that predated January 1994 because the agency's plan was amended in 2007. |
Municipal Law |
|
H. Hull | May 20, 2024 |
|
22-15485
|
Amended Opinion: Hittle v. City of Stockton
Summary judgment was affirmed when overwhelming evidence showed that there was no discriminatory animus in City's statements and actions regarding employee's religion. |
Employment Discrimination |
|
E. Korman | May 20, 2024 |
|
C097065
|
Hoglund v. Sierra Nevada Memorial-Miners Hospital
Substantial evidence supported plaintiff's age discrimination claim because ample evidence demonstrated that significant participant in her termination exhibited discriminatory animus towards her and that reasons for her firing were pretextual. |
Employment Discrimination, Employment Law |
|
P. Krause | May 20, 2024 |
|
22-448
|
Consumer Financial Protection Bureau v. Community Financial Services Assn. of America, Ltd.
Bureau of Consumer Financial Protection's funding mechanism did not violate the Constitution's Appropriations Clause. |
Constitutional Law |
|
C. Thomas | May 17, 2024 |
|
22-1218
|
Smith v. Spizzirri
When a lawsuit involves an arbitrable dispute and a party requests a stay pending arbitration, the Federal Arbitration Act compels courts to issue a stay rather than dismissing the action. |
Arbitration, |
|
S. Sotomayor | May 17, 2024 |
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