| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
22-35818
|
Fli-Lo Falcon LLC v. Amazon.com, Inc.
The Federal Arbitration Act's "transportation worker exemption" does not extend to delivery services contracts between business entities. |
Arbitration |
|
M. Bennett | Apr. 11, 2024 |
|
23-55403
|
Casola v. Dexcom, Inc.
For removability, an electronically submitted complaint is not "filed" in California state court until it is acknowledged as officially filed by the court clerk. |
Civil Procedure |
|
C. Callahan | Apr. 11, 2024 |
|
A165372
|
Shah v. Skillz Inc.
Calculating stock options damages for breach of contract was not limited to the difference between the stock options' exercise price and the value of the stock at employee's termination. |
Employment Law |
|
D. Chou | Apr. 10, 2024 |
|
21-50162
|
U.S. v. James Milheiser
Overbroad theory of fraud presented to jury required vacating criminal defendants' convictions for mail fraud because it did not require finding the deception concerned the essential nature of the bargain. |
Criminal Law and Procedure |
|
M. Friedland | Apr. 10, 2024 |
|
F084751
|
Modification: People v. Carrillo
Under Penal Code Section 1473.7, defendant, seeking to vacate conviction because he did not understand possible adverse immigration consequences, may include probation violation penalties as part of his "sentence." |
Criminal Law and Procedure |
|
D. Franson | Apr. 10, 2024 |
|
C100304
|
Weber v. Superior Court (Fong)
Elections Code section 8003 did not prohibit candidate from filing nomination papers for two different offices in California primary. |
Government |
|
L. Earl | Apr. 10, 2024 |
|
B324576
|
People v. Estrada
Trial court erred in denying defendant's petition for Penal Code Section 1172.6 resentencing because his pleas for attempted murder and voluntary manslaughter did not establish him as the actual killer. |
Criminal Law and Procedure |
|
V. Viramontes | Apr. 10, 2024 |
|
B330847
|
State of California v. Superior Court (Energy and Policy Institute)
Writ mandating calendar information for Governor's advisor's meetings with utility organizations was properly granted when requested details were incidental to the deliberative process but potentially of great public interest. |
Government |
|
H. Bendix | Apr. 9, 2024 |
|
C096274
|
Dilbert v. Newsom
Writ relief was properly denied because petitioner had no due process right to clemency or consideration of his application for clemency within a particular time frame. |
Constitutional Law |
|
H. Hull | Apr. 9, 2024 |
|
A167098
|
Silva v. Medic Ambulance Service, Inc.
Emergency Ambulance Employee Safety and Preparedness Act's requirements regarding work shifts applied retroactively to ambulance worker's class action. |
Employment Law |
|
M. Langhorne Wilson | Apr. 8, 2024 |
|
F085699
|
People v. Gray
Where defendant was found not guilty by reason of insanity, superior court lacked jurisdiction to modify and recalculate defendant' s commitment term pursuant to Penal Code Section 1172.75. |
Criminal Law and Procedure |
|
M. Snauffer | Apr. 8, 2024 |
|
22-55760
|
In re: Ali Alavi v. Genius Brands International, Inc.
Shareholders adequately pled misrepresentation in complaint for Securities Exchange Act violations where complaint cited the defendant's affirmative misleading statements regarding solicitation in a securities purchase agreement. |
Securities |
|
S. Mendoza | Apr. 8, 2024 |
|
22-35876
|
Edmo v. Corizon, Inc.
Under the Prison Litigation Reform Act, it was inappropriate to include time spent on prisoner's unsuccessful claims in calculation of lodestar amount when awarding attorneys' fees. |
Attorneys |
|
R. Gould | Apr. 8, 2024 |
|
B325200
|
People v. Uriostegui
Prosecution failed to demonstrate that presumptively invalid peremptory challenge to prospective juror based on her perceived lack of life experience was related to juror's ability to be fair and impartial. |
Criminal Law and Procedure |
|
H. Baltodano | Apr. 8, 2024 |
|
C097015
|
Br. C. v. Be. C.
Non-consensual recordings of husband's verbal abuse were admissible evidence in domestic violence restraining order proceedings because of statutory exception for recordings made by victims seeking such restraining orders. |
Family Law |
|
P. Krause | Apr. 8, 2024 |
|
C099530
|
Mosley v. Superior Court (People)
Evidence recovered by warrantless automobile search should have been suppressed because totality of the circumstances did not support probable cause to believe that vehicle contained evidence of criminal wrongdoing. |
Criminal Law and Procedure |
|
J. Renner | Apr. 8, 2024 |
|
D081445
|
People v. Brown
Defendant's failure to bring a reconsideration motion was not dispositive because the ameliorative amendments to the mental health diversion statute occurred ten days prior to the hearing. |
Criminal Law and Procedure |
|
J. Kelety | Apr. 5, 2024 |
|
22-50240
|
U.S. v. Tat
Failing to challenge aspects of an initial sentence in a prior appeal did not result in waiver of right to challenge comparable aspects following de novo resentencing. |
Criminal Law and Procedure |
|
S. Mendoza | Apr. 5, 2024 |
|
F085992
|
Knudsen v. Dept. of Motor Vehicles
Administrative public hearing officer, who acted as both an advocate and adjudicator, violated driver's due process right to an impartial adjudicator in DUI case. |
Administrative Agencies |
|
C. Poochigian | Apr. 5, 2024 |
|
A167246
|
People v. Rafael B.D.R.
Trial court erred by denying motion for a new trial following newly discovered evidence: a confession by defendant's ex-wife that her family intentionally invented abuse allegations to deport defendant. |
Evidence |
|
A. Tucher | Apr. 12, 2024 |
|
H050042
|
Modification: Wozniak v. YouTube, LLC
Trial court abused discretion in denying leave to amend claims alleging that Google and YouTube materially contributed to cryptocurrency scams. |
Cyber Law |
|
C. Wilson | Apr. 4, 2024 |
|
B330387
|
Lew-Williams v. Petrosian
Trial court exceeded its jurisdiction by dismissing plaintiffs' claims for failure to prosecute after it had already granted defendants' motion to compel arbitration. |
Arbitration |
|
G. Feuer | Apr. 4, 2024 |
|
17-10548
|
U.S. v. Hansen
Supreme Court's decision in *United States v. Hansen* compelled the insertion of an intentionality element into the jury instruction for encouraging or inducing an alien to reside unlawfully. |
Immigration |
|
R. Gould | Apr. 4, 2024 |
|
B329219
|
Vazquez v. SaniSure
Because parties' previous arbitration agreement did not survive employee's second employment stint with same employer, trial court did not err in denying arbitration. |
Arbitration |
|
H. Baltodano | Apr. 4, 2024 |
|
B320603
|
Howard v. Accor Management US
Summary judgment was appropriate where plaintiff failed to provide any actual evidence that hotel operator had actual or constructive knowledge of an allegedly unsafe shower head that injured her. |
Torts |
|
J. Wiley | Apr. 4, 2024 |
|
22-56054
|
Amended Opinion: Rieman v. Vasquez
Defendants were not entitled to qualified immunity from suit after making misrepresentations to the juvenile court and failing to provide notice of the hearing. |
Immunity |
|
M. Smith | Apr. 3, 2024 |
|
23-1024
|
In re: Lenore L. Albert-Sheridan
California State Bar's attempt to collect discovery sanctions and disciplinary costs violated the automatic stay imposed while formerly suspended lawyer was in Chapter 7 bankruptcy. |
Bankruptcy |
|
G. Spraker | Apr. 3, 2024 |
|
A165345
|
Vichy Springs Resort, Inc. v. City of Ukiah
For California Environmental Quality Act purposes, construction on land leased from the city may have been "discretionary" where the City was under no obligation to allow the construction. |
Environmental Law |
|
J. Goldman | Apr. 2, 2024 |
|
B327668
|
Gazal v. Echeverry
Plaintiff's fraud claims did not arise from protected speech, but rather from the alleged misconduct that occurred after defendant encouraged plaintiff to donate. |
Anti-SLAPP |
|
E. Grimes | Apr. 2, 2024 |
|
21-30251
|
U.S. v. Sapalasan
Inventory search was lawful where officer kept seized backpack in his police vehicle while he responded to other calls and completed the search near the end of his shift. |
Criminal Law and Procedure |
|
R. Nelson | Apr. 2, 2024 |
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