| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
22-55204
|
Los Angeles Unified School District v. A.O.
Proposed individual education program's weekly range of one to ten speech therapy sessions lacked reasonably clarity to allow parents to meaningfully evaluate benefits and to participate in the formulation process. |
Education |
|
D. Hamilton | Feb. 16, 2024 |
|
D080606
|
Modification: People v. Cartwright
Footage from City ID streetlight camera of defendant's robbery did not violate Fourth Amendment because defendant had no reasonable expectation of privacy on San Diego street during the day. |
Criminal Law and Procedure |
|
W. Dato | Feb. 16, 2024 |
|
A164483
|
Whitehead v. City of Oakland
Plaintiff's release for participating in a bicycle ride fundraiser was valid as to his claim against the City of Oakland because releasing liability in recreational sports does not involve the public interest. |
Torts |
|
C. Fujisaki | Feb. 15, 2024 |
|
22-50186
|
U.S. v. Parkins
Consent-based search was invalid where defendant, in the presence of the police, told his girlfriend not to let the police enter his apartment. |
Criminal Law and Procedure |
|
J. Owens | Feb. 15, 2024 |
|
23-9
|
Guzman-Maldonado v. Garland
Under the categorical approach, state-level armed robbery conviction carrying prison term of more than one year was an aggravated felony for immigration removability purposes. |
Immigration |
|
A. Hurwitz | Feb. 15, 2024 |
|
22-55315
|
Amended Opinion: Jane Doe v. Webgroup Czech Republic, A.S.
District court had specific personal jurisdiction against foreign pornography website operators who used U.S.-based content delivery network services to improve U.S. user viewing experience. |
Civil Procedure |
|
D. Collins | Feb. 15, 2024 |
|
22-16063
|
Peace Ranch, LLC v. Bonta
Plaintiff challenging new law adequately pled standing based on pre-enforcement injury theory where the Attorney General admitted that the law targeted plaintiff. |
Civil Procedure |
|
M. McKeown | Feb. 14, 2024 |
|
B324831
|
Fraser v. Farvid
Landlord did not have actual knowledge of pit bulls' vicious nature sufficient for liability from one e-mail referencing the dogs as "guard dogs." |
Torts |
|
E. Grimes | Feb. 13, 2024 |
|
C097389
|
People v. Kimble
Senate Bill 483 did not require trial court to resentence defendant who had been previously denied resentencing under the Three Strikes Reform Act. |
Criminal Law and Procedure |
|
P. Krause | Feb. 13, 2024 |
|
E080924
|
Modification: Mosby v. Superior Court (People)
Trial court erred in not proceeding to Racial Justice Act evidentiary hearing where petitioner provided evidence that the DA's office sought convictions for more serious offenses against African-Americans. |
Criminal Law and Procedure |
|
D. Miller | Feb. 13, 2024 |
|
G061535
|
BioCorRx, Inc. v. VDM Biochemicals, Inc.
Because company's press releases met commercial speech exemption, trial court's ruling granting anti-SLAPP motion was improper. |
Anti-SLAPP |
|
E. Moore | Feb. 13, 2024 |
|
C099130
|
California Privacy Protection Agency v. Superior Court (California Chamber of Commerce)
Trial court erroneously concluded that Proposition 24 implementing regulations were not enforceable on date specified by the Act. |
Administrative Agencies |
|
E. Duarte | Feb. 13, 2024 |
|
B317726
|
Miyahara v. Wells Fargo Bank, N.A.
Plaintiff should have been allowed to amend complaint where she may have been able to allege facts to overcome judicial estoppel triggered by her prior bankruptcy filing. |
Civil Procedure |
|
G. Martinez | Feb. 13, 2024 |
|
B316529
|
Gardena Hospital, L.P. v. Baass
Hospital must include bed hold days in their total patient days when calculating Medi-Cal patients for state reimbursement because accounting manual directly addressing bed holds was dispositive. |
Health Care |
|
J. Wiley | Feb. 13, 2024 |
|
22-16486
|
Johnson v. Lowe's Home Centers, LLC
Private Attorneys General Act plaintiffs can arbitrate individual PAGA while maintaining non-individual PAGA claims in court. |
Arbitration |
|
W. Fletcher | Feb. 13, 2024 |
|
22-56078
|
Patrick v. Running Warehouse, LLC
Consumers were bound by arbitration provision in websites' terms of use because they had inquiry notice of the terms and, by completing their orders, agreed to be bound by them. |
Arbitration |
|
M. Smith | Feb. 13, 2024 |
|
B328414
|
Jackson v. Board of Civil Service Commissioners of the City of Los Angeles
When superior court's judgment involved further administrative agency reconsideration, its decision was not final and appealable. |
Civil Procedure |
|
J. Segal | Feb. 12, 2024 |
|
B324755
|
In re Lilianna C.
Welfare and Institutions Code Section 213.5 allows the juvenile court to issue permanent restraining order in situations in which the petition was filed by someone other than a probation officer. |
Dependency |
|
B. Hoffstadt | Feb. 12, 2024 |
|
G062327
|
Mojave Pistachios, LLC v. Superior Court (Indian Wells Valley Groundwater Authority
Since the pay-first rule applies to challenges to fees imposed by groundwater sustainability agency, demurrer was appropriate where pistachio grower failed to pay replenishment fee before filing suit. |
Tax |
|
T. Goethals | Feb. 19, 2024 |
|
16-99000
|
Sherman v. Gittere
Nevada Supreme Court's denial of defendant's right-to-present-a-complete-defense claim was not erroneous under AEDPA's deferential standard of review. |
Prisoners' Rights |
|
P. Bumatay | Feb. 12, 2024 |
|
E078113
|
Symons Emergency Specialties v. City of Riverside
Appellant forfeited its claim on appeal when it failed to provide a fair summary of the record by not including the trial court's analysis of 30 documentary exhibits and three witnesses. |
Administrative Agencies |
|
R. Fields | Feb. 9, 2024 |
|
22-660
|
Murray v. UBS Securities LLC
Sarbanes-Oxley Act Whistleblower was not required to provide evidence of his former securities employer's retaliatory intent. |
Securities |
|
S. Sotomayor | Feb. 9, 2024 |
|
22-846
|
Department of Agriculture Rural Development Rural Housing Service v. Kirtz
The Fair Credit Reporting Act waives the United States government's sovereign immunity from lawsuit seeking damages for its failure to comply with the law's requirements. |
Immunity |
|
N. Gorsuch | Feb. 9, 2024 |
|
S271483
|
Haggerty v. Thornton
A trust may be modified under Probate Code Section 15401 unless the instrument provides an explicitly exclusive method of modification, or otherwise expressly precludes the use of revocation procedures for modification. |
probate_and_trusts |
|
G. Liu | Feb. 9, 2024 |
|
G061866
|
Marriage of Lietz
Trial court properly sustained objection to questions seeking to elicit expert testimony on case-specific fact about which the expert lacked independent knowledge and had not been independently proven by evidence. |
Evidence |
|
M. Sanchez | Feb. 9, 2024 |
|
22-16149
|
Ehart, Jr. v. Lahaina Divers, Inc.
Statute restricting liability waivers for owners of vessels transporting passengers "between ports" did not apply to scuba tour vessel traveling away from and back to a single Maui port. |
Maritime Law |
|
C. Bea | Feb. 9, 2024 |
|
D081267
|
Modification: People v. Jimenez
Prosecutors could remove a prospective Latina juror via peremptory challenge because her repeated statements that she would have a difficult time being fair were unrelated to her race. |
Criminal Law and Procedure |
|
J. Kelety | Feb. 8, 2024 |
|
23-1057
|
In re: Scott Warren Cohen
Relief from stay was warranted so creditor-former wife could liquidate her claims against her debtor-former husband even if the evidence needed to establish those claims related to other time-barred claims. |
Bankruptcy |
|
F. Corbit | Feb. 8, 2024 |
|
G061598
|
M.A. v. B.F.
Plaintiff could not sue for domestic violence because the pair's "friends with benefits" sporadic sexual encounters did not qualify as a "dating relationship." |
Criminal Law and Procedure |
|
M. Gooding | Feb. 7, 2024 |
|
G061425
|
Neeble-Diamond v. Hotel California By the Sea, LLC
In Fair Employment and Housing Act case, trial court erred in awarding costs based solely on defendant's cost memorandum without a motion to award discretionary costs. |
Employment Law |
|
T. Goethals | Feb. 7, 2024 |
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