Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
G061787
|
Jones v. Regents of the University of California
Workers' compensation was the exclusive remedy for university employee who was injured on campus while riding her bike home from work, based on the premises line rule. |
Torts |
|
K. O'Leary | Nov. 29, 2023 |
A166178
|
Z.V. v. Cheryl W.
Mother's notice of appeal was untimely because judgment was entered when the court provided an oral statement of decision, not when it reduced this oral statement to writing. |
Civil Procedure |
|
C. Fujisaki | Nov. 28, 2023 |
S272238
|
People v. Curiel
Jury's finding of intent to kill did not, itself, conclusively establish defendant's ineligibility for relief under Penal Code Section 1172.6. |
Criminal Law and Procedure |
|
P. Guerrero | Nov. 28, 2023 |
C098247
|
In re Banks
Disciplinary finding that inmate engaged in conspiracy to introduce drugs into prison via the mail was unsupported as there was no evidence the inmate had made any agreement with the sender. |
Prisoners' Rights |
|
S. Mesiwala | Nov. 28, 2023 |
B327137
|
State of California v. Alco Harvest
Agreement to arbitrate, as a material term, requires H-2A employers to disclose such waiver in job description submission to Department of Labor. |
Arbitration |
|
T. Cody | Nov. 24, 2023 |
A166756
|
People v. Trammel
*Serrato* exception to double jeopardy did not apply because trial court imposed a harsher sentence on remand rather than a more lenient one. |
Criminal Law and Procedure |
|
C. Bowen | Nov. 22, 2023 |
G061346
|
People v. Nunez
Trial court did not err when it instructed jury that for provocation to reduce first degree to second degree murder, provocation must come from victim, not someone else. |
Criminal Law and Procedure |
|
T. Goethals | Nov. 22, 2023 |
A165378
|
Modification: Mattson Technology v. Applied Materials
Trial court should have stayed proceeding until completion of arbitration when common factual questions as to misappropriation of trade secret activities existed as to both former employee and competitor defendants. |
Civil Procedure |
|
Nov. 22, 2023 | |
22-15382
|
Waid v. County of Lyon
Defendants were entitled to qualified immunity on plaintiffs' Fourth Amendment excessive force claim where officers shot the unarmed decent as he charged down a short hallway towards them. |
Qualified Immunity |
|
R. Nelson | Nov. 22, 2023 |
22-36015
|
Cottonwood Environmental Law Center v. Edwards
Environmental group could not advance a direct-discharge theory of liability against sewage treatment center because its underdrain pipe did not transfer pollutants between meaningfully distinct water bodies |
Environmental Law |
|
M. Smith | Nov. 22, 2023 |
22-55700
|
Brown v. Duringer Law Group PLC
Tenants' federal Fair Debt Collection Practices Act lawsuit was not barred by the *Rooker-Feldman* doctrine because there was no state-court judgment adjudicating defendants' second memorandum of costs. |
Civil Procedure |
|
M. Smith | Nov. 22, 2023 |
H049554
|
Modification: City of Gilroy v. Superior Court (Law Foundation of Silicon Valley)
Nonprofit Law Foundation's petition for writ of mandate against Gilroy under the California Public Records Act was denied because the City produce all nonexempt police bodycam footage. |
Public Records Act |
|
M. Greenwood | Nov. 22, 2023 |
D081331
|
People v. Mazur
Penal Code Section 1385 provided trial court with discretion to not dismiss fraudster's white-collar enhancement in the interest of justice. |
Criminal Law and Procedure |
|
M. Buchanan | Nov. 22, 2023 |
A168069
|
H.B. v. Superior Court (Hall)
Victim of human trafficking was statutorily entitled to restitution for economic loss suffered when defendant stole her income for himself despite the fact her labor was itself an illegal activity. |
Criminal Law and Procedure |
|
J. Hiramoto | Nov. 21, 2023 |
F085451
|
People v. Cota
Recently amended Penal Code Section 1385(c) did not require mandatory dismissal of sentencing enhancements because mandatory language was subject to the court's statutory discretion. |
Criminal Law and Procedure |
|
J. Detjen | Nov. 21, 2023 |
D081330
|
People v. Christianson
Section 1172.75 entitles inmates to resentencing even if the invalid enhancement was stayed. |
Criminal Law and Procedure |
|
J. Kelety | Nov. 21, 2023 |
G061535
|
Modification: BioCorRx, Inc. v. VDM Biochemicals, Inc.
Trial court erred in granting anti-SLAPP motion because the challenged statements--allegedly confidential information regarding a soured business agreement--fell under the statute's commercial speech exemption. |
Anti-SLAPP |
|
E. Moore | Nov. 21, 2023 |
23-13
|
E. I. du Pont de Nemours & Co. v. Abbott
Order |
|
Nov. 21, 2023 | ||
22-35978
|
Idaho Conservation League v. Poe
Because defendant's suction dredge mining activity was not a simple transfer of water, it required a Clean Water Act permit. |
Environmental Law |
|
M. Smith | Nov. 21, 2023 |
S275788
|
People v. Salazar
Case was remanded for resentencing under the newly enacted Senate Bill No. 567 because defendant had qualifying psychological trauma and violence criminal history did not outweigh the lower term presumption. |
Criminal Law and Procedure |
|
J. Groban | Nov. 21, 2023 |
S273340
|
Gantner v. PG&E Corp.
Public Utilities Code Section 1759 barred class action lawsuit alleging electric company's negligent maintenance of power grids economically harmed its customers. |
Utilities |
|
G. Liu | Nov. 21, 2023 |
C097326
|
People v. Mosqueda
California's gun licensing statute does not facially violate the Second Amendment because its invalid portions were severable. |
Constitutional Law |
|
H. Hull | Nov. 21, 2023 |
B312618
|
People v. Banks
Sufficient evidence supported finding that criminal defendant used force to cause a minor to engage in a commercial sex act where text messages showed defendant was abusive and psychologically manipulative. |
Criminal Law and Procedure |
|
K. Yegan | Nov. 21, 2023 |
B324207
|
People v. Allen
Defendant was ineligible for felony murder amendment resentencing because all charges the jury was instructed on required a finding of intent to kill. |
Criminal Law and Procedure |
|
H. Baltodano | Nov. 21, 2023 |
23A366
|
Griffin v. HM Florida-ORL LLC
Order |
|
Nov. 20, 2023 | ||
A164994
|
Land v. California Unemployment Insurance Appeals Bd.
Order |
|
Nov. 20, 2023 | ||
F085582
|
People v. Reyes
Defendant was ineligible for resentencing under Penal Code Section 1172.6 because his conviction occurred after the changes to murder liability had already become effective. |
Criminal Law and Procedure |
|
H. Levy | Nov. 20, 2023 |
21-352
|
Zuniga De La Cruz v. Garland
Exclusionary rule does not apply to civil immigration proceedings, so statements admitting illegal presence in the United States were admissible absent any evidence of coercion. |
Immigration |
|
D. Bress | Nov. 20, 2023 |
B319925
|
In re Hicks
Mixed offense inmate who was not currently serving the sentence for his violent felony was not entitled to early parole consideration. |
Criminal Law and Procedure |
|
E. Lui | Nov. 20, 2023 |
B317918
|
Modification: Tak Chun Gaming Promotion Company Limited v. Long
California's well-established, extensive public policy against gambling indebtedness prevented foreign entity's attempt to use California court to enforce gambling debt. |
Gaming |
|
B. Hoffstadt | Nov. 20, 2023 |