| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
23-21
|
Harrow v. Department of Defense
Statutory 60-day deadline for bringing petitions for judicial review of decisions by the Merit Systems Protection Board was nonjurisdictional requirement that may be subject to equitable tolling. |
Civil Procedure |
|
E. Kagan | May 17, 2024 |
|
23A994
|
Robinson v. Callais
Order |
|
May 17, 2024 | ||
|
D082847
|
Herzog et al. v. Superior Court (Dexcom, Inc.)
Website's clickwrap agreement did not create an enforceable arbitration agreement because it did not provide reasonably conspicuous notice of its terms to users clicking to accept the agreement. |
Arbitration |
|
T. Do | May 17, 2024 |
|
C099011
|
Malmquist v. City of Folsom
Trial court did not abuse its discretion in determining that individual interests predominated where expert evidence showed that at least some class members' pipe leaks were from poor workmanship rather than defendant's pH control. |
Civil Procedure |
|
E. Duarte | May 16, 2024 |
|
22-15815
|
Briskin v. Shopify, Inc.
Order |
|
May 16, 2024 | ||
|
C100160
|
Save the Capitol, Save the Trees v. Dept. of General Services
Trial court erred by discharging preemptory writ of mandate without first determining whether defendant remedied CEQA compliance issues previously identified by the Court of Appeal. |
Environmental Law, Civil Procedure |
|
L. Mauro | May 16, 2024 |
|
B325433
|
People v. Ellis
Criminal defendant who stipulated to upper term at original sentencing was not entitled to full resentencing with the middle term as the presumptive default sentence. |
Criminal Law and Procedure |
|
K. Yegan | May 16, 2024 |
|
21-15295
|
Amended Opinion: Apache Stronghold v. U.S.
Apache tribe members were unlikely to succeed on their Free Exercise Clause claim against a transfer of sacred land because the transfer would not coerce them into acting contrary to their religious beliefs. |
Constitutional Law |
|
D. Collins | May 15, 2024 |
|
D083075
|
Helm v. City of Los Angeles
Because pedestrian's slip-and-fall occurred in area that was integral to the location and design of a recreational trail's pathway, trail immunity shielded the city. |
Government |
|
J. Kelety | May 15, 2024 |
|
A167272
|
D.K. v. Office of Administrative Hearings
Criminal defendants who are incompetent to stand trial are eligible for administrative mandamus writ relief from involuntary medication orders. |
Criminal Law and Procedure |
|
I. Petrou | May 15, 2024 |
|
B323237
|
Holland et al. v. Silverscreen Healthcare, Inc.
Trial court erred by denying nursing facility's petition to compel arbitration as to decendent's parents' wrongful death cause of action. |
Arbitration, Torts |
|
J. Ashmann-Gerst | May 14, 2024 |
|
A164789
|
People v. Arias
Prosecution's peremptory strike of a Black, female prospective juror for facially neutral reasons that were unsupported or implausible did not withstand scrutiny and required reversal. |
Criminal Law and Procedure |
|
J. Humes | May 14, 2024 |
|
C098711
|
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 14, 2024 |
|
23-5618
|
Sandoval v. Texas
Order |
|
May 14, 2024 | ||
|
B324243
|
Equinix LLC et al. v. County of Los Angeles
Despite being the property's original owner, because property lessor's lease term was less than 35 years, it triggered change in ownership and subsequent property tax reassessment. |
Real Property, Tax |
|
G. Weingart | May 13, 2024 |
|
22-56209
|
Diaz v. Macys West Stores Inc.
District court erred by compelling arbitration of non-individual Private Attorneys General Act claims. |
Arbitration, Employment Law |
|
J. Bybee | May 13, 2024 |
|
G062338
|
Bui v. Ky
Plaintiff, wife of a local politician, was not a limited-purpose public figure who needed to show defendants acted with malice in their anti-SLAPP motion. |
Anti-SLAPP |
|
T. Delaney | May 10, 2024 |
|
22-585
|
Culley v. Marshall
Separate preliminary hearings were constitutionally unwarranted when case law established that car owners' due process rights were protected by timely civil forfeiture hearings. |
Constitutional Law |
|
B. Kavanaugh | May 10, 2024 |
|
22-1078
|
Warner Chappell Music, Inc. v. Nealy
Copyright plaintiffs may recover damages for acts that allegedly occurred more than three years before the filing of the lawsuit if the claims are timely filed. |
Copyright, Civil Procedure |
|
E. Kagan | May 10, 2024 |
|
22-50048
|
U.S. v. Duarte
Federal statute banning non-violent convicts from possessing firearms violated defendant's Second Amendment rights. |
Constitutional Law, Criminal Law and Procedure |
|
C. Bea | May 10, 2024 |
|
22-55634
|
Bafford v. Administrative Committee of the Northrop Grumman Pension Plan
An ERISA plan administrator's duty to provide pension benefit statements is not met if the provided statements are substantially inaccurate. |
Employment Law, Civil Procedure |
|
M. Christen | May 10, 2024 |
|
H049873
|
Bassi v. Bassi
Domestic violence restraining order was not struck even though some of anti-SLAPP movant's activity was protected because restraining order petition had requisite minimal merit. |
Anti-SLAPP, Family Law |
|
A. Danner | May 10, 2024 |
|
E082401
|
In re D.M.
Termination of parental rights was appropriate despite failure to inquire with extended family regarding child's possible indigenous heritage because the child was placed in temporary custody pursuant to a warrant. |
Dependency |
|
F. Menetrez | May 9, 2024 |
|
23-55133
|
Jane Doe v. Bonta
California legislation enabling firearm violence research using California Department of Justice databases did not violate registered gun owners' privacy rights. |
Constitutional Law |
|
M. Schroeder | May 9, 2024 |
|
19-72446
|
Suate-Orellana v. Garland
Board of Immigration Appeals' failure to consider asylum seeker's argument that her removal notice was legally deficient merited remand of her case for reconsideration of her claim in light of intervening authorities. |
Immigration |
|
J. Nguyen | May 8, 2024 |
|
A169321
|
Byers v. Superior Court
By putting at issue attorney fees they incurred seeking coverage under their insurance policy, plaintiffs waived the attorney-client privilege as to documents supporting their fees claim. |
Attorneys |
|
T. Jackson | May 8, 2024 |
|
B324572
|
People v. Palacios
A resentencing hearing under Penal Code section 1172.6 does not provide the petitioner a new opportunity to raise claims of trial error. |
Criminal Law and Procedure |
|
A. Egerton | May 7, 2024 |
|
22-1978, 22-1804
|
Amending Order: Valley Hospital Medical Center, Inc. v. National Labor Relations Board
Ninth Circuit's remand order did not foreclose the National Labor Relations Board from changing its ruling and interpretation of the National Labor Relations Act. |
Labor Law |
|
D. O'Scannlain | May 7, 2024 |
|
S279397
|
Naranjo v. Spectrum Security Services, Inc.
Employers are not subject to civil penalties for failure to comply with wage statement requirements when they had a reasonable good faith belief they complied with Labor Code Section 226. |
Employment Law, Remedies |
|
L. Kruger | May 7, 2024 |
|
F086342
|
Reynosa v. Superior Court (Advanced Transportation Services, Inc.)
Employee was not barred from withdrawing from arbitration by continuing to participate in the arbitration where employer failed to timely pay arbitration fees. |
Arbitration, Remedies |
|
J. Detjen | May 7, 2024 |
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