| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
G061916
|
People v. Morris
Because jury's verdict encompassed findings leading to defendant being convicted under amended felony-murder statute, defendant was ineligible for resentencing under Penal Code Section 1172.6. |
Criminal Law and Procedure |
|
T. Delaney | Mar. 25, 2024 |
|
A168081
|
N.M. v. W.K.
When a petitioner seeks a domestic violence restraining order, a respondent who has already responded to the petition is not entitled to a continuance of the hearing on the request "as a matter of course." |
Family Law |
|
A. Tucher | Mar. 22, 2024 |
|
A166825
|
Conservatorship of K.Y.
Because continually requesting extensions posed the risk of mooting a conservatorship case, it behooves counsel to mind conservatorship order deadlines and notify the court accordingly. |
Conservatorship |
|
J. Goldman | Mar. 22, 2024 |
|
22-15916
|
DZ Reserve v. Meta Platforms, Inc.
Meta's alleged misrepresentations about the potential advertising reach of its platform constituted a common course of conduct for the alleged consumer class. |
Civil Procedure |
|
S. Thomas | Mar. 22, 2024 |
|
21-55994
|
Estate of Hernandez v. City of Los Angeles
Although reasonable jury could have concluded officer used excessive force, qualified immunity shielded her because no precedent squarely governed shooting wounded suspect a sixth time as he attempted to stand. |
Qualified Immunity |
|
D. Collins | Mar. 22, 2024 |
|
C098017
|
Trident Society, Inc. v. Cemetery and Funeral Bureau
Funeral service's failure to hold, in a trust, money paid collateral to its preneed contract, violated the Short Act. |
Consumer Law |
|
R. Robie | Mar. 22, 2024 |
|
C098037
|
Neptune Management Corp. v. Cemetery and Funeral Bureau
Constructive delivery of funeral merchandise was insufficient to satisfy delivery exception to requirement that funds received for such merchandise should be held in trust until delivery. |
Consumer Law |
|
R. Robie | Mar. 22, 2024 |
|
B316313
|
Asiryan v. Medical Staff of Glendale Adventist Medical Center
Code of Regulations peer review statute superseded medical doctor's common law right to fair procedure claim. |
Health Care |
|
F. Rothschild | Mar. 21, 2024 |
|
22-35271
|
Project Veritas v. Schmidt
Order |
|
Mar. 21, 2024 | ||
|
A168463
|
Modification: Wood v. San Francisco Superior Court
Because the name change would not create confusion or defraud, trial court erred in disallowing plaintiff to change her name to "Candi Bimbo Doll." |
Civil Procedure |
|
J. Richman | Mar. 20, 2024 |
|
B326320
|
In re Ca.M.
Appellate court did not need to review the sufficiency of domestic violence evidence to uphold removal order because there was ample evidence the children were at risk from father's alcohol abuse. |
Dependency |
|
L. Baker | Mar. 20, 2024 |
|
F085586
|
Kern County Hospital Authority v. Public Employment Relations Board
Public agency hospital's unilateral change in disallowing group grievances without bargaining with union representatives violated the Meyers-Milias-Brown Act. |
Labor Law |
|
M. Smith | Mar. 20, 2024 |
|
22-1178
|
Federal Bureau of Investigation v. Fikre
U.S. government failed to show that its action of not relisting individual on the No Fly List would meet stringent standard necessary to moot case based on voluntary cessation. |
Civil Procedure |
|
N. Gorsuch | Mar. 20, 2024 |
|
21-15806
|
McLaughlin v. Oliver
Habeas corpus petitioner could not pursue claim of ineffective assistance of trial counsel because he procedurally forfeited it by not first raising it in state court. |
Criminal Law and Procedure |
|
D. Collins | Mar. 20, 2024 |
|
22-970
|
Tapia Coria v. Garland
Ninth Circuit lacked jurisdiction to review Board of Immigration Appeals determination because *Nasrallah v. Barr* abrogated the "on the merits" exception to the "criminal alien bar." |
Immigration |
|
D. Bress | Mar. 20, 2024 |
|
22-666
|
Wilkinson v. Garland
An Immigration Judge's "exceptional and extremely unusual" hardship determination was a mixed question of law and fact that was reviewable under 8 United States Code Section 1252(a)(2)(D). |
Immigration |
|
S. Sotomayor | Mar. 20, 2024 |
|
23A815
|
U.S. v. Texas
Order |
|
Mar. 20, 2024 | ||
|
B328954
|
People v. Jackson
Encounter with police became an unjustified detention based on the officers' actions, including partially blocking defendant's vehicle door. |
Criminal Law and Procedure |
|
J. Wiley | Mar. 19, 2024 |
|
D083006
|
Davis v. Nissan North America, Inc.
Defendant car manufacturers, who were not parties to sale contract between plaintiffs and the dealership containing the arbitration clause, could not compel arbitration based on equitable estoppel. |
Arbitration |
|
M. Buchanan | Mar. 19, 2024 |
|
H050653
|
People v. Smith
Because at least one collateral consequence kept her case active, government official's retirement just before jury returned conviction against her did not render her case moot. |
Government |
|
D. Bromberg | Mar. 19, 2024 |
|
G062526
|
Gomez v. Superior Court (People)
Plaintiff's motion to challenge the judge who heard his resentencing petition was untimely because he filed it after she accepted his guilty plea. |
Criminal Law and Procedure |
|
K. O'Leary | Mar. 19, 2024 |
|
A167346
|
Modification: Move Eden Housing v. City of Livermore
Resolution was a legislative act subject to referendum power because it was the initial policy determination regarding use of public funds to construct a park and improvements. |
Government |
|
M. Simons | Mar. 19, 2024 |
|
F084751
|
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 | Mar. 19, 2024 |
|
22-50314
|
U.S. v. Perez-Garcia
Pretrial condition of release barring convicts from owning firearms did not violate Second Amendment rights because Bail Reform Act was consistent with nation's history of disarming criminal defendants awaiting trial. |
Constitutional Law |
|
G. Sanchez | Mar. 19, 2024 |
|
23-60017
|
Licup v. Jefferson Avenue Temecula LLC
Failure to provide a correct mailing address for a judgment creditor that resulted in the creditor not filing a timely proof of claim rendered the judgment debt nondischargeable. |
Bankruptcy |
|
H. Thomas | Mar. 19, 2024 |
|
H050042
|
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 | Mar. 19, 2024 |
|
B333788
|
F.K. v. Superior Court (Santa Barbara County Child Welfare Services)
Juvenile court was not required to terminate reunification services after six months even though it found mother had not substantially complied with her case plan. |
Dependency |
|
H. Baltodano | Mar. 19, 2024 |
|
A168463
|
Wood v. San Francisco Superior Court
Because the name change would not create confusion or defraud, trial court erred in disallowing plaintiff to change her name to "Candi Bimbo Doll." |
Civil Procedure |
|
J. Richman | Mar. 18, 2024 |
|
22-35612
|
Smith v. Helzer
Alaska's campaign finance regulations survived exacting scrutiny under the First Amendment because their contribution-reporting requirements were not unconstitutionally duplicative or burdensome. |
Constitutional Law |
|
M. Murguia | Mar. 18, 2024 |
|
22-340
|
Pulsifer v. U.S.
Despite the statute's use of "and" rather than "or," a criminal defendant is ineligible for safety value sentencing relief if he meets any (rather than all) of the criminal history point disqualifiers. |
Criminal Law and Procedure |
|
E. Kagan | Mar. 18, 2024 |
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