Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
A163083
|
People v. Cannon
Defendants facing commitment under the Sexually Violent Predator Act are similarly situated to other involuntary committees for the purposes of right-to-jury-trial advisements. |
Constitutional Law |
|
T. Jackson | Nov. 30, 2022 |
S141080
|
People v. Camacho
While it was erroneous to order defendant convicted of first degree murder to submit to psychiatric evaluation, it was not reversible because his noncooperation was a minor part of the prosecution's case. |
Criminal Law and Procedure |
|
T. Cantil-Sakauye | Nov. 29, 2022 |
B313718
|
Pereda v. Atos Jiu Jitsu LLC
Jiu jitsu studio was not liable as ostensible agent for sparrer's injury when facts showed it did not exercise control over the independent jiu-jitsu studio it was affiliated with where the injury occurred. |
Torts |
|
B. Hoffstadt | Nov. 28, 2022 |
B315394
|
De Leon v. Juanita's Foods
Code of Civil Procedure Section 1281.98's 30-day fee payment deadline establishes a clear-cut rule for determining if a drafting party is in material breach of an arbitration agreement. |
Arbitration |
|
L. Edmon | Nov. 28, 2022 |
D079906
|
Let Them Choose v. San Diego Unified School Dist.
School district's requirement that students be vaccinated for COVID-19 to attend in-person classes and extracurricular activities was preempted by state law. |
Education |
|
W. Dato | Nov. 25, 2022 |
B312985
|
Patel v. Chavez
Superior court had jurisdiction to order forfeiture of undertaking posted as condition of appeal from Labor Commissioner's order to satisfy judgments despite lack of ongoing valid appeal by plaintiff-employers. |
Civil Procedure |
|
F. Rothschild | Nov. 25, 2022 |
B317201
|
Modification: G.I. Industries v. City of Thousand Oaks
Plaintiff was entitled to judicial declaration that CEQA-exemption determination was void where City failed to give proper 72-hour notice via inclusion as an item of business on posted meeting agenda. |
Government |
|
A. Gilbert | Nov. 25, 2022 |
D079265
|
Olson v. La Jolla Neurological Associates
Neurosurgeon and his professional corporation were not liable as "debt collectors" under the Rosenthal Fair Debt Collection Practices Act for hiring a third-party billing service to collect medical payments. |
Insurance |
|
M. Buchanan | Nov. 25, 2022 |
21-55456
|
Valiente v. Swift Transportation Co. of Arizona
Agency's preemption decision regarding meal and rest break rules for truck drivers barred lawsuits predicated on those rules that were commenced before the decision was made from proceeding. |
Civil Procedure |
|
H. Thomas | Nov. 25, 2022 |
A163474
|
People v. Zarazua
Prosecutor's failure to use defendant's preferred pronouns did not amount to reversable prosecutorial misconduct when the record showed that it was not prejudicial. |
Criminal Law and Procedure |
|
V. Rodriguez | Nov. 23, 2022 |
B314946
|
Brown v. Beach House Design & Development
General contractor who hired subcontractor to work on beach house could be liable for injuries to subcontractor's carpenter since they retained control over the scaffolding and actually exercised that control. |
Torts |
|
L. Edmon | Nov. 23, 2022 |
A162977
|
In re Kowalczyk
Bail provisions of Article 1, Section 28(f)(3) can be reconciled with those of Section 12, and both sections govern bail determinations in noncapital cases. |
Criminal Law and Procedure |
|
C. Fujisaki | Nov. 23, 2022 |
20-30193
|
U.S. v. Kirst
National Transportation Safety Board's investigation into a plane crash in Alaska was a "pending proceeding" for obstruction charge purposes since the agency had the power to subpoena and compel testimony. |
Criminal Law and Procedure |
|
W. Fletcher | Nov. 23, 2022 |
D079364M
|
Morgan v. Ygrene Energy Fund, Inc.
Plaintiffs were required to exhaust administrative remedies before suing companies affiliated with Property Assessed Clean Energy loans since the assessments were considered a tax that required a verified written application. |
Administrative Agencies |
|
W. Dato | Nov. 23, 2022 |
20-36122
|
Moore v. U.S.
Order |
|
Nov. 23, 2022 | ||
20-50157
|
U.S. v. Holiday
Order |
|
Nov. 23, 2022 | ||
G059429
|
Timothy W. v. Julie W.
Litigation privilege barred breach of oral contract claims in anti-SLAPP suit between divorcing couple. |
Anti-SLAPP |
|
E. Moore | Nov. 23, 2022 |
A164519
|
JPMorgan Chase Bank, N.A. v. Superior Court (State of California)
Prior notice from the California State Controller is not a prerequisite of liability under the California False Claims Act. |
Civil Procedure |
|
S. Pollak | Nov. 22, 2022 |
21-15641
|
San Carlos Apache Tribe v. Xavier Becerra, et al
The Indian Self-Determination and Education Assistance Act requires Indian Health Services to cover "contract support costs" for activities funded by third-party revenues. |
Native American Affairs |
|
R. Paez | Nov. 22, 2022 |
C095046
|
WV 23 Jumpstart, LLC v. Mynarcik
Personal jurisdiction over judgment debtor is not required for a court clerk to register a sister-state judgment in California where the original trial court had subject matter and personal jurisdiction. |
Civil Procedure |
|
P. Krause | Nov. 22, 2022 |
21-55465
|
Collier v. Lincoln Life Assurance Company of Boston
Adopting rationale for denying disability claim that was not presented to the claimant during the administrative process during de novo review was error that undermined ERISA protections. |
Insurance |
|
R. Paez | Nov. 22, 2022 |
20-16245
|
Rodriguez Diaz v. Merrick Garland, et al
The Due Process Clause did not entitle an alien to a second bond hearing. |
Constitutional Law |
|
D. Bress | Nov. 22, 2022 |
B312888A
|
Navas v. Fresh Venture Foods, LLC
Grocery store's arbitration agreement signed by employees was procedurally and substantively unconscionable because it provided harsh, one-sided terms on a take it or leave it basis. |
Arbitration |
|
A. Gilbert | Nov. 22, 2022 |
C091636
|
Holt v. Brock
Court-appointed broker had quasi-judicial immunity when it acted as agent for the court in settling property dispute between siblings. |
Immunity |
|
H. Hull | Nov. 22, 2022 |
C092139
|
Dept. of Finance v. Commission on State Mandates
Local governments had authority to levy a fee for costs of street sweeping because the state-imposed cost, as a condition for stormwater discharge permit, was not a reimbursable mandate under the California Constitution. |
Government |
|
H. Hull | Nov. 22, 2022 |
G060210
|
Cover Right Roofing, Inc. v. State Compensation Insurance Fund
Workers' compensation insurer was not obligated to provide notice to insured employer of higher base rate resulting from employer's change of governing classification. |
Insurance |
|
E. Moore | Nov. 21, 2022 |
B315313
|
Loy v. Kenney
Preliminary injunction was appropriate where trial court concluded plaintiffs were likely to succeed on the merits and there was an ongoing risk of public harm if the injunction were denied. |
Consumer Law |
|
J. Wiley | Nov. 21, 2022 |
21-16034
|
In re: Sandra J. Tillman
Chapter 7 trustee could not avoid Internal Revenue Service tax penalty lien on debtor's exempt interest in real property, and thus could not preserve the value of the tax penalty lien for the benefit of the estate. |
Bankruptcy |
|
E. Chen | Nov. 21, 2022 |
B315309
|
Valdez v. Costco Wholesale Corp.
Costco gas station attendant who stopped fight between customers was immune from liability under the Good Samaritan statute. |
Torts |
|
E. Lui | Nov. 21, 2022 |
B322603
|
Bull Field, LLC v. Merced Irrigation Dist.
Merced Irrigation District did not make an arbitrary decision to refuse to sell appellants surplus surface water since appellant's principal was difficult to do business with. |
Water Rights |
|
E. Lui | Nov. 21, 2022 |