Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
D081587
|
Goldstein et al. v. Superior Court (San Diego Guns, LLC)
The statutory exemption allowing under 21-year-olds to purchase rifles with a valid hunting license does not apply until the license period begins. |
Commercial Law |
|
J. Irion | Jul. 21, 2023 |
B315859
|
Esplanade Productions v. The Walt Disney Co.
Screenwriter's claim that Disney stole the name Zootopia for its animated movie without compensation was dismissed because there was no evidence that Zootopia's creators ever saw plaintiff's submission materials. |
Contracts |
|
D. Perluss | Jul. 21, 2023 |
G060536
|
People v. Session
Police officer's informal knowledge that defendant was on parole was sufficient to legally place a tracker on defendant's car. |
Criminal Law and Procedure |
|
E. Moore | Jul. 21, 2023 |
D081568
|
In re M.D.
Assuming dependency jurisdiction was appropriate where evidence showed jurisdiction was based on conditions that posed a risk of harm to the child and not solely the father's indigence. |
Dependency |
|
T. Do | Jul. 21, 2023 |
S260063
|
People v. Carney
The Court did not articulate a new theory of first degree murder proximate causation when it used the phrase "substantial concurrent cause" in *People v. Sanchez*. |
Criminal Law and Procedure |
|
M. Jenkins | Jul. 21, 2023 |
A163825M
|
Modification: Swan v. Hatchett
Denial of request for modification of child support was reversed because the factual findings regarding evidence credibility in the statement of decision were not supported by substantial evidence. |
Family Law |
|
T. Brown | Jul. 20, 2023 |
B321947
|
People. v. Antonelli
Because provocative act murder requires a finding of malice, a defendant convicted of provocative act murder is ineligible for resentencing based on changes to the felony murder doctrine. |
Criminal Law and Procedure |
|
K. Yegan | Jul. 20, 2023 |
22-15323
|
Progressive Democrats, et al. v. Rob Bonta
Statute prohibiting local government employees from soliciting political donations but not state government employees was unconstitutional because it was not appropriately tailored to achieve the State's asserted interests. |
Constitutional Law |
|
M. Berzon | Jul. 20, 2023 |
C095622
|
People v. Sloan
Allowing testimony from expert retained by the district attorney during trial under the Sexually Violent Predators Act was error because only the defendant may retain testifying experts under the Act. |
Criminal Law and Procedure |
|
S. Mesiwala | Jul. 19, 2023 |
14-16324
|
Santopietro v. Howell
Order |
|
M. Berzon | Jul. 19, 2023 | |
21-16709
|
Murguia v. Langdon
Order |
|
Jul. 19, 2023 | ||
20-50144
|
USA v. Yi-Chi Shih
Defendant's exported monolithic microwave integrated circuits were subject to the Export Administration Regulations because to hold otherwise would contravene the Regulations' stated purpose. |
International Law |
|
A. Hurwitz | Jul. 19, 2023 |
B321087M
|
Modification: Divine Food and Catering v. Western Diocese of the Armenian
Plaintiff's malicious prosecution action had minimal merit since court's statements regarding defendants' purported oral lease were not a judgment or verdict sufficient to trigger the interim adverse judgment rule. |
Anti-SLAPP |
|
H. Bendix | Jul. 19, 2023 |
D080411
|
People v. Marquez
*People v. Arbuckle* does not require the same judge who accepted defendant's guilty plea and sentenced her to prison also determine amount of victim restitution to be awarded. |
Criminal Law and Procedure |
|
J. Irion | Jul. 19, 2023 |
B317334
|
Zirpel v. Alki David Productions Inc.
Trial court did not commit legal error in finding that requiring employee's continued work in building that was unpermitted for event use was an activity that violated regulations. |
Employment Law |
|
H. Zukin | Jul. 18, 2023 |
A164713
|
Malinowski v. Martin
Code of Civil Procedure Section 533 did not provide exclusive means by which trial court in a Domestic Violence Protection Act action could modify a domestic violence temporary restraining order. |
Family Law |
|
C. Fujisaki | Jul. 18, 2023 |
G061567
|
P. v. Gyorgy
Police officer unreasonably prolonged a traffic stop by spending almost none of the 12-minute stop investigating the traffic infraction. |
Criminal Law and Procedure |
|
J. Motoike | Jul. 18, 2023 |
A162648
|
Wendz v. Department of Education
New regulations from the Superintendent of Public Instruction regarding the Migrant Education Program Act, pertaining to membership restrictions were severed due to improper public notice. |
Education |
|
V. Swope | Jul. 18, 2023 |
G061528
|
Marriage of Willis v. Costa-Willis
The trial court erred in applying sua sponte the presumption against child custody to a party with a domestic violence restraining order to modify custody after issuing a restraining order. |
Family Law |
|
M. Sanchez | Jul. 18, 2023 |
S269212
|
California Medical Assn. v. Aetna Health of California, Inc.
Diversion of salaried staff to project undertaken in response to allegedly unfair business practice is an economic injury sufficient to establish standing under the Unfair Competition Law. |
Business Law |
|
K. Evans | Jul. 18, 2023 |
22-15293
|
Alexis Hunley, et al. v. Instagram, LLC
Third-party news sites could embed photographers' copyrighted Instagram photos because the embedded images were not "displayed" under *Perfect 10*'s Server Test. |
Copyright |
|
J. Bybee | Jul. 18, 2023 |
S274671
|
Adolph v. Uber Technologies Inc.
Private Attorneys General Act plaintiffs do not lose standing to litigate non-individual claims in court when plaintiffs' individual claims are subject to arbitration. |
Employment Law |
|
G. Liu | Jul. 18, 2023 |
22-35345
|
Enterprise Management Limited, Inc. et al v. Construx Software Builders, Inc. et al
By registering a derivative work, an author registers all of the material included in the derivative work, including that which previously appeared in an unregistered, original work created by the author. |
Copyright |
|
S. Ikuta | Jul. 18, 2023 |
F083577M
|
Modification: People v. Falcon
Resentencing required pursuant to *People v. Gutierrez* where record was unclear as to whether the trial court would have imposed the upper term sentence given SB 567's new requirements. |
Criminal Law and Procedure |
|
K. Meehan | Jul. 17, 2023 |
21-55365
|
Munoz v. U.S. Department of State
Order |
|
Jul. 17, 2023 | ||
C097389
|
People v. Kimble
Trial court did not err in refusing to resentence appellant-defendant as a second strike offender under the Reform Act as part of his resentencing pursuant to Section 1172.75. |
Criminal Law and Procedure |
|
P. Krause | Jul. 17, 2023 |
22-35244
|
Osure Brown v. Transworld Systems, Inc. et al
To plausibly allege that a litigation act violates the Fair Debt Collection Practices Act, the debtor must aver facts showing that the collector's act is a new violation. |
Consumer Law |
|
R. Paez | Jul. 17, 2023 |
C093603M
|
Modification: South Lake Tahoe Property Owners Group v. City of South Lake Tahoe
South Lake Tahoe vacation home renters did not have a vested constitutional property right from reliance on vacation home rental permits because the rental permits only granted a revocable license. |
Real Property |
|
H. Hull | Jul. 14, 2023 |
21-16281
|
Amended Opinion: Jones v. Google LLC
Express preemption did not apply to children's claims because Congress intended to preempt inconsistent state laws, not state laws that are consistent with the Children's Online Privacy Protection Act's substantive requirements. |
Constitutional Law |
|
M. McKeown | Jul. 14, 2023 |
A165017
|
People v. Wadleigh
Officer's description of sexually suggestive images in search warrant application established probable cause that defendant possessed child pornography despite not including the images with the application. |
Criminal Law and Procedure |
|
J. Goldman | Jul. 14, 2023 |