Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
A166195
|
In re Brandon H.
Juvenile wardship defendant was not entitled to a sealed and dismissed petition based on his completion of probation for an unrelated offense contained within another petition. |
Juveniles |
|
I. Petrou | Aug. 7, 2024 |
21-55643
|
USA Sales Inc. v. Office of the U.S. Trustee
Order |
|
Aug. 7, 2024 | ||
22-16375
|
Montera v. Premier Nutrition Corp.
Ninth Circuit affirmed consumer's false advertising claim under New York law against dietary supplement company whose packaging purported to relieve joint pain. |
Consumer Law |
|
M. Christen | Aug. 7, 2024 |
22-35203
|
Nakka v. U.S. Citizenship and Immigration Services
While 8 U.S.C. Section 1252(a)(2)(B)(i) precludes review of the decision to deny an immigration status adjustment, it does not strip federal district courts of jurisdiction to hear collateral challenges. |
Immigration |
|
J. Sung | Aug. 7, 2024 |
23-308
|
Kumar v. Garland
An asylum petitioner demonstrated conduct rising to the level of persecution when he presented evidence of political/social opposition's use of physical violence in tandem with death threats. |
Immigration |
|
E. Wallach | Aug. 5, 2024 |
A168677
|
Modification: In re Oliveras
Prisoner's use of electronic tablet to view pornographic images stored on removable SIM card was not computer fraud or abuse under the California Code of Regulations. |
Prisoners' Rights |
|
I. Petrou | Aug. 6, 2024 |
23-15614
|
Libitzky v. U.S.
Taxpayers were not entitled to recover $692,690 in overpaid taxes where the claim was made outside of the lookback period. |
Tax |
|
K. Lee | Aug. 6, 2024 |
S148863
|
People v. Frazier
Trial court did not err in denying capital murder defendant's repeated utimely self-representation requests made during penalty phase of trial. |
Criminal Law and Procedure |
|
P. Guerrero | Aug. 6, 2024 |
S118775
|
People v. Wilson
Stay-and-remand procedure rather than automatic stay of appeal was the appropriate approach for defendant's Racial Justice Act claims that were not part of appellate record. |
Criminal Law and Procedure |
|
L. Kruger | Aug. 6, 2024 |
G062519
|
Doe v. Dept. of Rehabilitation
Whether an expense is a "maintenance expense" for rehabilitation services does not depend on whether the expense is short- or long-term. |
Administrative Agencies |
|
T. Delaney | Aug. 6, 2024 |
24-3188
|
Mi Familia Vota v. Petersen
Order |
|
Aug. 5, 2024 | ||
A169314
|
West Contra Costa Unified School Dist. v. Superior Court (A.M.M.)
Waiving the Government Code's timely claim presentation requirement for childhood sexual assault claims did not violate the California Constitution's Gifts Clause. |
Government, Constitutional Law |
|
M. Simons | Aug. 2, 2024 |
D083080
|
City of Ontario v. We Buy Houses Any Condition
Property's blighted condition did not excuse City of Ontario from eminent domain requirements necessitating identification and specification of project with public purpose. |
Eminent Domain |
|
M. Buchanan | Aug. 2, 2024 |
23-15311
|
Kennedy v. Las Vegas Sands Corporation
Corporate pilots were exempt from the overtime requirements of the Fair Labor Standards Act because they qualified as highly compensated, non-manual employees under the Act's definition. |
Employment Law |
|
M. Smith | Aug. 2, 2024 |
S271721
|
Turrieta v. Lyft, Inc.
Aggrieved employee asserting claims under Private Attorneys General Act has no personal or representative right to intervene in another aggrieved employee's action asserting overlapping claims. |
Employment Law, Civil Procedure |
|
M. Jenkins | Aug. 2, 2024 |
S274942
|
People v. Lynch
Defendant sentenced under former Penal Code Section 1170(b) must be resentenced where reviewing court did not make a *Chapman v. California* assessment. |
Criminal Law and Procedure |
|
C. Corrigan | Aug. 2, 2024 |
23-55299
|
Ratha v. Rubicon Resources LLC
The Abolish Trafficking Reauthorization Act does not apply to events that occurred before its enactment. |
Civil Procedure, Torts |
|
S. Ikuta | Aug. 1, 2024 |
D081981
|
People v. Hicks
A peremptory challenge to dismiss a juror based on her previous convictions and being "too opinionated" was not race-neutral. |
Criminal Law and Procedure |
|
J. McConnell | Aug. 1, 2024 |
A168039
|
Modification: San Pablo Ave. Golden Gate Improvement Assn. v. City Council of Oakland
Municipal enforcement regulations providing for public challenges to violative uses and existing nuisances did not provide a legal basis for challenging city planning department's prior zoning determination. |
Municipal Law |
|
C. Hite | Jul. 31, 2024 |
21-1228
|
G.C. v. Garland
During removal withholding proceedings, consideration of applicant's mental condition at time of his offense was properly limited to the extent to which applicant attributed his offense to his illness. |
Immigration |
|
L. VanDyke | Jul. 31, 2024 |
23-15480
|
Scott v. Smith
No qualified immunity on Fourth Amendment excessive force claim, where police used bodyweight force on the back of a prone individual suffering from a mental illness and not suspected of a crime. |
Qualified Immunity |
|
R. Desai | Jul. 31, 2024 |
H050103
|
Modification: People v. Nguyen
Petitioner was ineligible for imputed malice resentencing relief where jury instructions necessarily meant jurors had found he harbored his own specific intent to kill. |
Criminal Law and Procedure |
|
M. Greenwood | Jul. 31, 2024 |
G061561
|
Saurman v. Peter's Landing Property Owner LLC
Disabled decedent's husband had standing to sue for injunctive relief under the Americans with Disabilities Act in California state court. |
Disability Discrimination |
|
E. Moore | Jul. 30, 2024 |
G063909
|
Medina v. St. George Auto Sales, Inc.
A frequent "check engine" light notification was not necessarily notice of a material defect in a car represented to be in good condition for the purposes of the discovery rule. |
Civil Procedure, Consumer Law |
|
E. Moore | Jul. 30, 2024 |
B328627
|
People v. Malbry
Despite being "technically eligible" to remove lifetime registration, trial court did not err in sex offender's requiring continued registration for the community's protection. |
Criminal Law and Procedure |
|
J. Wiley | Jul. 30, 2024 |
B331080
|
Modification: Morell v. Board of Retirement of the Orange County Employees' Retirement System
Retirement system's definition of compensation which was later repealed by the legislature was still valid due to the repeal's savings clause. |
Government |
|
Jul. 30, 2024 | |
B327857
|
In re A.P.
It was error to deny Mother's restraining order request where there was uncontested evidence Father had committed domestic violence against her and one of her children. |
Family Law |
|
G. Weingart | Jul. 30, 2024 |
23-15361
|
John Doe v. Garland
Core habeas petition should have been dismissed where petitioner failed to name the warden of his facility as a respondent and filed in a district that he was not confined in. |
Criminal Law and Procedure |
|
Y. Kane | Jul. 30, 2024 |
23-15556
|
EB Holdings II, Inc. v. Illinois National Insurance Co.
District court erred in concluding Nevada law governed where its analysis of the test to determine choice-of-law was based on erroneous facts. |
Civil Procedure, Insurance |
|
M. Smith | Jul. 30, 2024 |
S274147
|
Meinhardt v. City of Sunnyvale
In administrative mandate proceedings, the time for filing an appeal does not begin to run until entry, or notice of entry, of a judgment. |
Civil Procedure, Administrative Agencies |
|
M. Jenkins | Jul. 30, 2024 |