| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
20-72510
|
Amended Opinion: Figueroa Ochoa v. Garland
Ninth Circuit court lacked jurisdiction to hear petitioner's appeal from Board of Immigration's decision to denying his request to cancel removal or adjust his immigration status. |
Immigration |
|
D. Ezra | Feb. 7, 2024 |
|
20-36024
|
Devas Multimedia Private Ltd. v. Antrix Corp. Ltd.
Order |
|
Feb. 7, 2024 | ||
|
22-15959
|
Daramola v. Oracle America, Inc.
Whistleblower anti-retaliation provisions in the Sarbanes-Oxley and Dodd-Frank Acts do not apply to employment relationships outside the U.S. |
Employment Law |
|
P. Curiam (9th Cir.) | Feb. 7, 2024 |
|
D081267
|
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. 6, 2024 |
|
23-55123
|
Voltage Pictures, LLC v. Gussi, S.A. de C.V.
California company sufficiently served notice to confirm arbitral award by mailing motion papers to Mexican company's counsel. |
Arbitration |
|
M. Smith | Feb. 6, 2024 |
|
22-15997
|
Long v. Sugai
Delivering evening meal four hours before prisoner could break religion-based fast was a substantial burden on the prisoner's free exercise that should have been analyzed for a legitimate penological interest. |
Prisoners' Rights |
|
W. Fletcher | Feb. 6, 2024 |
|
S258376
|
In re Vaquera
Defendant's due process rights were violated by prosecution's failure to provide notice of its election to seek an increased sentence under One Strike Law. |
Criminal Law and Procedure |
|
J. Groban | Feb. 6, 2024 |
|
B323731
|
Riddick v City of Malibu
Trial court's order directing the City of Malibu to process proposed accessory dwelling unit as exempt from coastal development permit requirements was affirmed. |
Real Property |
|
D. Kim | Feb. 5, 2024 |
|
21-55999
|
Scanlon v. County of Los Angeles
Summary judgment on parents' judicial deception claim was inappropriate where they demonstrated social worker made material false statements to support warrant application. |
Civil Rights |
|
J. Bybee | Feb. 5, 2024 |
|
21-35987
|
Blumenkron v. Multnomah County
*Burford* abstention applied to Oregon land commission's designation of Multnomah County land as "rural" because exercising federal jurisdiction would interfere with commission's authority to regulate land. |
Civil Procedure |
|
J. Sung | Feb. 5, 2024 |
|
23-35449
|
Tucson v. City of Seattle
District court improperly analyzed whether ordinance criminalizing writing on property sans permission was unconstitutionally overbroad by failing to inquire into the ordinance's numerous lawful applications. |
Constitutional Law |
|
M. Smith | Feb. 5, 2024 |
|
A164775
|
Abney v. State Dept. of Health Care Services
Wages withheld to satisfy an IRS debt were considered "actually available" to meet Medi-Cal recipient's needs and could be included as income in determining her benefits eligibility. |
Administrative Agencies |
|
J. Richman | Feb. 2, 2024 |
|
D079905
|
Modification: Epochal Enterprises, Inc. v. LF Encinitas Properties, LLC
Lease provision limiting landlord's liability was invalid where that liability was necessarily based on the landlord's violation of statutory duty to disclose existence of hazardous substance on nonresidential real property. |
Real Property |
|
J. Kelety | Feb. 2, 2024 |
|
A166408
|
In re M.B.
In disagreement with earlier Court of Appeal precedent, a juvenile court has jurisdiction to modify a commitment order after the term of confinement begins. |
Juveniles |
|
J. Streeter | Feb. 2, 2024 |
|
A166863
|
People v. Dean
During complete resentencing, only the defendant's actual time served should be recalculated for sentence-shortening credit purposes because post-sentencing conduct credits are the purview of the Department of Corrections and Rehabilitation. |
Criminal Law and Procedure |
|
T. Brown | Feb. 2, 2024 |
|
22-35218
|
Maney v. Brown
The Public Readiness and Emergency Preparedness Act extends immunity to persons who make policy-level decisions regarding the administration or use of COVID countermeasures. |
Prisoners' Rights |
|
J. Sung | Feb. 2, 2024 |
|
S275023
|
Romero v. Shih
Although there is a high bar, the law does not forbid an "exclusive" implied easement that effectively excludes property owners from an easement area's practical uses. |
Real Property |
|
L. Kruger | Feb. 2, 2024 |
|
A164480
|
Balakrishnan v. The Regents of the University of California
Professor's dismissal from UC Santa Cruz was upheld because his inappropriate sexual conduct towards two non-students at off-campus events related to his relation with the "community." |
Torts |
|
T. Jackson | Feb. 2, 2024 |
|
A165558
|
Modification: Gilead Tenofovir Cases
Plaintiffs injured by pharmaceutical were entitled to pursue claim of negligence rather than strict products liability and did not need to prove the drug was defective to pursue that claim. |
Torts |
|
J. Goldman | Feb. 2, 2024 |
|
B327413
|
City of Norwalk v. City of Cerritos
City was immune from liability for public nuisance caused by the necessary consequences of the statutorily authorized adoption of an ordinance that prohibited certain trucks from using its streets. |
Immunity |
|
B. Hoffstadt | Feb. 2, 2024 |
|
B327716
|
In re R.M.
Juvenile court improperly made minor a dependent child where parents were incarcerated for murder but capable of making preparations for relatives to care for the child. |
Dependency |
|
L. Lavin | Feb. 1, 2024 |
|
A166946
|
Myasnyankin v. Nationwide Mutual Insurance Co.
Insurance Code Section 2071.1 allowed homeowner to video record insurance company's participants in an examination under oath. |
Insurance |
|
M. Simons | Feb. 1, 2024 |
|
A168286
|
People v. Dain
Dismissal of prior conviction under Three Strikes sentencing scheme was an abuse of discretion where nothing about the defendant indicated he fell outside the spirit of the Three Strikes law. |
Criminal Law and Procedure |
|
M. Miller | Feb. 1, 2024 |
|
A166401
|
County of Alameda v. Alameda County Taxpayers' Assn., Inc.
Despite involvement of certain government officials, voter tax initiative, passed by simple majority, was valid. |
Tax |
|
G. Burns | Jan. 31, 2024 |
|
B326830
|
Kader v. Southern California Medical Center, Inc.
Trial court properly denied motion to compel arbitration of sexual harassment claims where no conduct had been brought to the employer's attention at the time of the agreement's execution. |
Arbitration |
|
C. Moor | Jan. 31, 2024 |
|
H049949
|
Ramsey v. Comcast Cable Communications, LLC
Arbitration agreement was unenforceable when cable subscriber's complaint against cable company's purported deceptive practices sought public injunctive relief. |
Consumer Law |
|
M. Greenwood | Jan. 31, 2024 |
|
B325525
|
In re Duong
Petitioner could not file an appeal from the denial of his writ of habeas corpus under newly enacted Penal Code Section 1509.1 because he was not in custody pursuant to the death penalty when he filed his appeal. |
Criminal Law and Procedure |
|
F. Rothschild | Jan. 31, 2024 |
|
D080776
|
People v. Brooks
Witness asserted valid Fifth Amendment privilege through counsel despite not being called and sworn, so related jury instruction was proper. |
Criminal Law and Procedure |
|
J. Castillo | Jan. 31, 2024 |
|
A165210
|
Newman v. Casey
While trial court properly issued restraining orders in elder abuse case, it exceeded its statutory authority by issuing a subsequent order voiding the transfer deed. |
probate_and_trusts |
|
J. Humes | Jan. 31, 2024 |
|
C098376
|
In re K.B.
Convictions must be for a felony offense or a misdemeanor involving moral turpitude to disqualify a minor from automatic dismissal of their juvenile justice petition. |
Juveniles |
|
S. Boulware Eurie | Jan. 31, 2024 |
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