| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S265223
|
Bailey v. San Francisco Dist. Attorney's Office
City could be liable where a human resource manager obstructed and threatened a reporting employee if she persisted in bringing a complaint. |
Employment Discrimination |
|
K. Evans | Jul. 30, 2024 |
|
A167289
|
Modification: People v. Bolourchi
Jurors at a motorist's DUI trial may draw an adverse inference of consciousness of guilt based on the motorist's refusal to submit to a pre-warrant blood test upon arrest. |
Criminal Law and Procedure, Constitutional Law |
|
J. Streeter | Jul. 29, 2024 |
|
22-60050
|
In re: Masingale
Chapter 7 trustee was not required to object in the 30-day window to an above-limit homestead exemption where the case was Chapter 11 at the time and debtor represented that creditors would be paid first. |
Bankruptcy |
|
D. Bress | Jul. 29, 2024 |
|
23-55404
|
Okonowsky v. Garland
A colleague's social media page could reasonably create an objective hostile work environment under Title VII. |
Employment Discrimination, Employment Law |
|
K. Wardlaw | Jul. 26, 2024 |
|
S275121
|
Quach v. California Commerce Club, Inc.
Overturning *St. Agnes Medical Center v. PacifiCare of California*, waiver of the right to compel arbitration no longer requires a showing of prejudice. |
Arbitration |
|
J. Groban | Jul. 26, 2024 |
|
S279622
|
Castellanos, et al. v. State of California, et al.
Proposition 22 (classifying app-based drivers as independent contractors) does not conflict with Article XIV, Section 4 of the California Constitution. |
Constitutional Law, Employment Law |
|
G. Liu | Jul. 26, 2024 |
|
B327683
|
J.M. v. Illuminate Education, Inc.
The Confidentiality of Medical Information Act applies to non-healthcare entities that maintain and use medical records for an individual's diagnosis and treatment. |
Consumer Law |
|
A. Gilbert | Jul. 26, 2024 |
|
F086665
|
People v. Hernandez
Defendant's appeal was dismissed when no issue was presented pertaining to the matter appealed and the court lacked jurisdiction on the only (unrelated) issue raised. |
Criminal Law and Procedure |
|
R. Peña | Jul. 26, 2024 |
|
21-16528
|
Ruelas v. County of Alameda
Non-convicted incarcerated individuals performing services in county jails for a private, for-profit company had no wage and hour claims under the California Labor Code. |
Criminal Law and Procedure, Employment Law |
|
S. Thomas | Jul. 29, 2024 |
|
B324716
|
Camden Systems v. 409 North Camden
Despite prior meeting's defective notice, LLC's member's ratification authorized and affirmed previous actions. |
Corporations |
|
G. Feuer | Jul. 25, 2024 |
|
D083446
|
Snap v. Superior Court (Pina)
A history of posts by an allegedly violent victim featuring the firearm used in his murder was sufficient for finding good cause for a subpoena of his social media history. |
Evidence |
|
J. McConnell | Jul. 25, 2024 |
|
C098736
|
Hearden v. Windsor Redding Care Center
Despite arbitration agreements signed by relatives in purportedly representative capacity, the agreements were not enforceable because no agency relationship, actual or ostensible, existed between the relatives and the signatories. |
Arbitration |
|
L. Mauro | Jul. 25, 2024 |
|
B327348
|
Salami v. Los Robles Regional Medical Center
Hospital's alleged failure to disclose emergency medical services fees beyond including it in the chargemaster did not furnish a basis for unfair competition and consumer protection claims. |
Consumer Law, Health Care |
|
H. Baltodano | Jul. 25, 2024 |
|
10-99022
|
Lee v. Thornell
Because absence of additional mitigating evidence of defense counsel was due more to lack of available evidence rather than to counsel's incompetence, district court did not err in denying habeas relief. |
Criminal Law and Procedure |
|
E. Miller | Jul. 25, 2024 |
|
16-71315
|
Shen v. Garland
An adverse credibility determination of a flustered asylum petitioner was unduly influenced by a misstatement of Chinese law during a cross-examination. |
Immigration |
|
D. Collins | Jul. 25, 2024 |
|
22-16788
|
Stavrianoudakis v. U.S. Fish and Wildlife Service
Falconers' annual forced choice between agreeing to unannounced, warrantless inspections or not receiving a California falconry license was a concrete injury in fact that supported Article III standing. |
Civil Procedure |
|
D. Forrest | Jul. 25, 2024 |
|
23-15822
|
In re: Silver Lake Group, LLC Securities Litigation
Trial court properly dismissed securities claims where plaintiffs failed to adequately plead that the defendant shareholders had material non-public information. |
Securities |
|
M. Smith | Jul. 25, 2024 |
|
23-35294
|
State of Washington v. U.S. Food & Drug Administration
Denial of motion to intervene was appropriate where Idaho's complaint-in-intervention sought different relief than Washington's original complaint and failed to independently establish that Idaho had standing to pursue its claims. |
Civil Procedure |
|
S. Thomas | Jul. 25, 2024 |
|
B320642
|
Safieddine v. MBC FZ, LLC, et al.
California court could not exercise personal jurisdiction over Arab news outlets by virtue of their rebroadcast of an allegedly defamatory story in the U.S. via DISH. |
Civil Procedure |
|
C. Lee | Jul. 25, 2024 |
|
D081951
|
People v. Jimenez
Youthful offender's second resentencing petition was not barred by issue preclusion because his initial petition was filed before material shift in law regarding youthful offender's legal culpability. |
Criminal Law and Procedure |
|
M. Buchanan | Jul. 24, 2024 |
|
22-50233
|
U.S. v. Yepez
Compassionate release provision may not be used to shorten the terms of a supervised release. |
Criminal Law and Procedure |
|
M. Friedland | Jul. 24, 2024 |
|
23-16021
|
Sridej v. Blinken
Secretary of State complied with obligations under the Convention Against Torture in decision to extradite defendant to Thailand. |
International Law |
|
M. Christen | Jul. 24, 2024 |
|
22-507
|
Colin-Villavicencio v. Garland
Petitioner failed to demonstrate that she was eligible for derivative citizenship because her parents were not married and her father, who was not a naturalized citizen, acknowledged paternity. |
Immigration |
|
R. Nelson | Jul. 24, 2024 |
|
S280322
|
Downey v. City of Riverside
Plaintiffs asserting bystander emotional distress claims are not required to show contemporaneous perception of the causal link between defendant's conduct and victim's injuries. |
Torts |
|
L. Kruger | Jul. 23, 2024 |
|
G063586
|
People v. Hernandez
Prosecution could not rescind plea agreement due to changes in sentence resulting from applications of ameliorative sentencing laws pursuant to the provisions of Penal Code Section 1172.5. |
Criminal Law and Procedure |
|
T. Delaney | Jul. 23, 2024 |
|
B329800
|
People v. Esquivias
Trial courts that grant habeas review are not obligated to revisit a defendant's entire sentence on review. |
Criminal Law and Procedure |
|
B. Hoffstadt | Jul. 22, 2024 |
|
D081851
|
Dickson v. Mann
Law firm had no third-party claim on funds paid under flat fee arrangement despite a provision stating the money was earned on receipt because it had not yet provided any legal services. |
Attorneys |
|
J. Irion | Jul. 22, 2024 |
|
23-15290
|
AGK Sierra De Montserrat L.P. v. Comerica Bank
First-party litigation attorney fees are not covered by standard indemnity provisions as a general matter under California law unless it is explicitly stated otherwise in the contract. |
Contracts |
|
L. VanDyke | Jul. 22, 2024 |
|
23-55015
|
Lopez v. Aircraft Service International Inc.
District court correctly denied motion to compel arbitration because plaintiff, an airline fuel technician, fell within the Federal Arbitration Act's transportation worker exemption. |
Arbitration |
|
J. Rawlinson | Jul. 22, 2024 |
|
22-50048
|
U.S. v. Duarte
Order |
|
Jul. 19, 2024 |
For reprint rights or to purchase a copy of your Daily Journal photo, email jeremy@reprintpros.com for prices or call 949-702-5390. To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com