| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B318672
|
In re Kieran S.
Despite *In re N.R.*'s ruling, where parent's substance abuse put child at substantial risk of serious physical harm, juvenile court's decision to remove child from parent was appropriate. |
Dependency |
|
J. Segal | May 7, 2024 |
|
D080941
|
People v. Lovejoy
Criminal defendant was ineligible for resentencing relief from attempted murder conviction because conviction for conspiracy to commit murder demonstrated intent to kill. |
Criminal Law and Procedure |
|
W. Dato | May 6, 2024 |
|
F085895
|
People v. Patton
Unlawful overlapping conviction for continuous sexual abuse was vacated where defendant's convictions and sentences for discrete sexual offenses during same period against same victim were more commensurate with his culpability. |
Criminal Law and Procedure |
|
M. Snauffer | May 6, 2024 |
|
B315256
|
People v. Plains All American Pipeline, LP
Trial court erroneously denied restitution for victims of environmental crime based on their mediated civil settlements and class action lawsuits. |
Remedies, Environmental Law |
|
H. Baltodano | May 6, 2024 |
|
B325798
|
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 6, 2024 |
|
G061829
|
Masimo Corporation v. The Vanderpool Law Firm, Inc.
Law firm's withdrawal from representation did not insulate it from sanctions for its prior discovery misuse. |
Attorneys |
|
W. Bedsworth | May 6, 2024 |
|
A167331
|
In re Randy C.
Pursuant to Fourth Amendment's automobile exception, officer had probable cause to search juvenile driver's vehicle after seeing unsmoked marijuana blunt on passenger's lap. |
Criminal Law and Procedure |
|
T. Jackson | May 6, 2024 |
|
22-16711
|
Public Employees Retirement Association of New Mexico v. Earley
Staying securities fraud proceedings as to individual defendants during corporate Chapter 11 proceedings for judicial efficiency was inappropriate without weighing potential prejudice to shareholder plaintiffs in the fraud action. |
Civil Procedure, Bankruptcy |
|
D. Forrest | May 6, 2024 |
|
21-55038
|
Bradford v. Paramo
Denial of habeas petition was reversed where state court concluded that because excluding exculpatory evidence was consistent with the rules of evidence, there was no constitutional violation. |
Constitutional Law, Criminal Law and Procedure |
|
J. Rawlinson | May 6, 2024 |
|
C099704
|
H.A. v. Superior Court (San Joaquin County Human Services Agency)
Agency and juvenile court failed to meet Indian Child Welfare Act's statutory duty to further inquire when its investigation ceased after parents validated they had no Native American background. |
Dependency |
|
R. Robie | May 6, 2024 |
|
B326131
|
People v. Garcia
Trial court did not abuse discretion in rejecting Penal Code Section 1172.75(a)'s mandate invalidating prior sentence enhancements when evidence clearly supported that defendant was still dangerous to society. |
Criminal Law and Procedure |
|
G. Feuer | May 3, 2024 |
|
20-50345
|
U.S. v. Anderson
An officer's non-compliance with department policy governing inventory searches is not fatal to the inventory search exception but it may suggest impermissible motives. |
Criminal Law and Procedure, Constitutional Law |
|
D. Forrest | May 3, 2024 |
|
22-50064
|
U.S. v. Lucas
Under advisory U.S. Sentencing Guidelines, appropriate standard of proof for factual findings is a preponderance of the evidence even for potentially large sentencing enhancements. |
Criminal Law and Procedure |
|
M. Murguia | May 3, 2024 |
|
S267522
|
People v. Flores
Defendant's presence in high crime area and seemingly odd behavior after spotting police did not justify reasonable suspicion of criminal activity, so officers' ensuing detention and search were unconstitutional. |
Criminal Law and Procedure |
|
C. Corrigan | May 3, 2024 |
|
A165198
|
People v. Coleman
Order |
|
May 3, 2024 | ||
|
C097382
|
Sacramento Municipal Utility District v. Kwan
Trial court's award of monetary damages was proper where substantial evidence supported that defendant aided and abetted diversion of utility for cannabis operation. |
Utilities |
|
R. Robie | May 2, 2024 |
|
A168427
|
Sutter's Place v. California Gambling Control Commission
Gambling Control Commission may deny applicant's request for increase in gaming tables when local government ordinance allowing for increase failed to comply with state law. |
Gaming |
|
J. Streeter | May 2, 2024 |
|
H050889
|
City of San Jose v. Howard Jarvis Taxpayers Association
Because pension benefits were an established debt that did not trigger the constitutional debt limitation, city was not required to seek voter approval for bonds financing the benefits. |
Government |
|
A. Danner | May 1, 2024 |
|
23-55188
|
Douglas Pell v. Amy Nunez
Law student failed to state a cognizable deprivation of rights under federal law because State Bar's action was merely advisory and without legal significance until approved by California Supreme Court. |
Attorneys, Civil Procedure |
|
S. Ikuta | May 1, 2024 |
|
20-15085
|
Diamond S.J. Enterprise, Inc., DBA S. J. Live v. City of San Jose
Nightclub's facial attack on San Jose nuisance ordinances failed because the challenged provisions did not give city officials unbridled discretion that created a risk of censorship. |
Constitutional Law, Municipal Law |
|
J. Nguyen | May 1, 2024 |
|
A166452
|
People v. Berlin
When prosecution fails to request victim restitution within the two-year mental health diversionary period, the trial court may not award restitution thereafter. |
Criminal Law and Procedure |
|
M. Simons | Apr. 30, 2024 |
|
S275940
|
People v. McDavid
Trial court had discretion to strike firearm enhancement under Section 12022.53 and impose any uncharged, lesser included enhancement for which the supporting facts were alleged and found true. |
Criminal Law and Procedure |
|
G. Liu | Apr. 30, 2024 |
|
B328209
|
People v. Fay
Trial court's acquiescence to prosecutor's misstatement of implied malice requirement necessitated reversal of defendant's conviction. |
Criminal Law and Procedure |
|
F. Rothschild | Apr. 30, 2024 |
|
23-852
|
San Luis Obispo Mothers For Peace v. U.S. Nuclear Regulatory Comm.
Nuclear Regulatory Commission's decision granting PG&E an exemption to the deadline for a federal license renewal application was not arbitrary, capricious, or contrary to law. |
Administrative Agencies |
|
C. Callahan | Apr. 30, 2024 |
|
20-35813
|
Hecox v. Little
Order |
|
Apr. 30, 2024 | ||
|
F084700M
|
Modification: Williams v. Doctors Medical Center of Modesto
Doctor was not precluded from bringing second lawsuit because the issues in the fee order and anti-SLAPP order were not identical. |
Anti-SLAPP |
|
C. Poochigian | Apr. 29, 2024 |
|
A166748
|
Kime v. Dignity Health, Inc.
Because hospital owner's decision to deny doctor staff privileges was based on an administrative decision, doctor was not entitled to hearing. |
Health Care |
|
M. Miller | Apr. 29, 2024 |
|
A167703
|
People v. Koontzy
Restitution order imposed as condition of probation rather than to directly address the victim's loss could not be modified after the criminal defendant's probation ended. |
Remedies, Criminal Law and Procedure |
|
M. Simons | Apr. 29, 2024 |
|
H050526
|
Beverage v. Apple, Inc.
Apple's unilateral market conduct was neither a violation of antitrust law nor unfair competition law. |
Antitrust, Consumer Law |
|
C. Adams | Apr. 29, 2024 |
|
22-55982
|
Keebaugh v. Warner Bros. Entertainment Inc.
Terms of Service, hyperlinked on game's start screen, was reasonably conspicuous, putting users who downloaded the game app on notice to terms requiring arbitration of claims. |
Arbitration |
|
M. Bennett | Apr. 29, 2024 |
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