 
Counsel, (Ret) Judge
Appellate Litigation
Complex Appellate Litigation Group LLP
Judicial Profiles
| Title | Court | Published | 
|---|---|---|
| Patricia D. Benke | 4th District Court of Appeal, Division One (San Diego) | Aug. 4, 2013 | 
Columns
| Title | Category | Published | 
|---|---|---|
| Reflections on oral argument from an appellate justice turned practitioner | Appellate Practice, Civil Litigation | Aug. 29, 2024 | 
Rulings
| Case | Category | Published | 
|---|---|---|
| People v. Williams affirmed | Criminal Law and Procedure | Aug. 29, 2024 | 
| People v. Machado author | Criminal Law and Procedure | Oct. 31, 2022 | 
| In re B.D. author | Juveniles | Jul. 28, 2021 | 
| People v. Huynh author | Criminal Law and Procedure | Jun. 25, 2021 | 
| People v. Kasrawi dissenting | Criminal Law and Procedure | Jun. 17, 2021 | 
| Amended Opinion: People v. Jackson author | statutory_interpretation | Jun. 11, 2021 | 
| Modification: San Diegans for Open Government v. Fonseca author | Civil Procedure | Jun. 9, 2021 | 
| Usher v. White author | Labor Law | Jun. 1, 2021 | 
| San Diegans for Open Government v. Fonseca author | Civil Procedure | May 20, 2021 | 
| Dunlap v. Mayer author | probate_and_trusts | Apr. 27, 2021 | 
| People v. Jackson author | statutory_interpretation | Feb. 25, 2021 | 
| Wang v. Fang author | Civil Procedure | Jan. 13, 2021 | 
| In re Morse author | Evidence | Jan. 7, 2021 | 
| People v. Kruse author | Criminal Law and Procedure | Nov. 3, 2020 | 
| Provost v. YourMechanic, Inc. author | Labor Law | Oct. 19, 2020 | 
| People v. Zaheer dissenting | Criminal Law and Procedure | Sep. 10, 2020 | 
| Bolger v. Amazon.com, LLC affirmed | Torts | Aug. 17, 2020 | 
| Abatti v. Imperial Irrigation District concurring | Water Rights | Jul. 22, 2020 | 
| People v. Whalum concurring | Criminal Law and Procedure | Jun. 10, 2020 | 
| In re Christopher Lee White affirmed | Criminal Law and Procedure | May 22, 2020 | 
| Crosno Construction, Inc. v. Travelers Casualty concurring | Remedies | Apr. 21, 2020 | 
| Amended Opinion: People v. Williams author | Criminal Law and Procedure | Apr. 13, 2020 | 
| People v. Williams author | Criminal Law and Procedure | Apr. 10, 2020 | 
| People v. Williams author | Criminal Law and Procedure | Apr. 8, 2020 | 
| Marriage of Everard author | Family Law | Mar. 31, 2020 | 
| Citizens for Responsible etc. v. Department of Transportation author | statutory_interpretation | Mar. 25, 2020 | 
| People v. Smith author | Criminal Law and Procedure | Mar. 16, 2020 | 
| Matson v. S.B.S. Trust Deed Network author | Real Property | Mar. 9, 2020 | 
| People v. Johnson concurring | Criminal Law and Procedure | Feb. 20, 2020 | 
| San Diegans for Open Government v. Public Facilities Financing reversed and remanded | Government | Dec. 27, 2019 | 
| Hood v. Gonzales author | Civil Procedure | Dec. 10, 2019 | 
| People v. Jenkins author | Criminal Law and Procedure | Sep. 20, 2019 | 
| ZB, N.A. v. Superior Court (Kalethia Lawson) remanded | statutory_interpretation | Sep. 13, 2019 | 
| People v. Marsh author | Criminal Law and Procedure | Jul. 16, 2019 | 
| Moss v. Duncan author | Civil Procedure | Jun. 21, 2019 | 
| People v. Gutierrez concurring | Criminal Law and Procedure | Jun. 6, 2019 | 
| Plantier v. Ramona Municipal Water Dist. affirmed | Administrative Agencies | May 31, 2019 | 
| Citizens Oversight v. Vu author | statutory_interpretation | May 22, 2019 | 
| People v. Weir author | Criminal Law and Procedure | Apr. 2, 2019 | 
| In re Charlotte C. author | Dependency | Mar. 27, 2019 | 
| In re N.O. author | Dependency | Feb. 1, 2019 | 
| Modification: S.Y. v. Superior Court author | Family Law | Dec. 21, 2018 | 
| S.Y. v. Superior Court author | Family Law | Nov. 26, 2018 | 
| AMN Healthcare, Inc. v. Aya Healthcare Services, Inc. author | Employment Law | Nov. 5, 2018 | 
| Sandoval v. Qualcomm Inc. author | Torts | Oct. 22, 2018 | 
| Harley-Davidson, Inc. v. Franchise Tax Bd. author | Constitutional Law | Sep. 19, 2018 | 
| People v. Rodriguez author | Criminal Law and Procedure | Aug. 10, 2018 | 
| Anselmo v. Grossmont-Cuyamaca Com. College Dist. author | Torts | Aug. 7, 2018 | 
| People v. Balov author | Criminal Law and Procedure | May 24, 2018 | 
| People v. Chavez dissenting | Criminal Law and Procedure | Mar. 29, 2018 | 
| People v. Arredondo et al. author | Attorneys | Mar. 21, 2018 | 
| West Coast Air Conditioning Co. v. California Department of Corrections and Rehabilitation author | Remedies | Mar. 20, 2018 | 
| In re White author | Criminal Law and Procedure | Mar. 7, 2018 | 
| People v. Acosta author | Criminal Law and Procedure | Feb. 8, 2018 | 
| In re Webb concurring | Criminal Law and Procedure | Feb. 5, 2018 | 
| People v. Moore author | statutory_interpretation | Jan. 25, 2018 | 
| In re A.F. author | Native American Affairs | Dec. 22, 2017 | 
| Lawson v. ZB, N.A. author | Employment Law | Dec. 21, 2017 | 
| People v. Sandoval author | Criminal Law and Procedure | Dec. 4, 2017 | 
| Cleveland National Forest Foundation v. San Diego Association of Governments dissenting | Environmental Law | Nov. 17, 2017 | 
| McMillin Management Services, L.P. et al. v. Financial Pacific Insurance Company et al. concurring | Insurance | Nov. 15, 2017 | 
| San Diegans for Open Government v. Public Facilities Financing Authority of the City of San Diego author | Municipal Law | Nov. 10, 2017 | 
| Pearson Ford v. Workers' Compensation Appeals Board author | Workers' Compensation | Nov. 2, 2017 | 
| Gholipour v. Superior Court author | Criminal Law and Procedure | Oct. 25, 2017 | 
| Medina v. South Coast Car Co. Inc. author | Contracts | Sep. 26, 2017 | 
| People v. Harris author | Criminal Law and Procedure | Sep. 7, 2017 | 
| Title | Court | Published | 
|---|---|---|
| Patricia D. Benke | 4th District Court of Appeal, Division One (San Diego) | Aug. 4, 2013 | 
| Title | Category | Published | 
|---|---|---|
| Reflections on oral argument from an appellate justice turned practitioner | Appellate Practice, Civil Litigation | Aug. 29, 2024 | 
| Case | Category | Published | 
|---|---|---|
| People v. Williams affirmed | Criminal Law and Procedure | Aug. 29, 2024 | 
| People v. Machado author | Criminal Law and Procedure | Oct. 31, 2022 | 
| In re B.D. author | Juveniles | Jul. 28, 2021 | 
| People v. Huynh author | Criminal Law and Procedure | Jun. 25, 2021 | 
| People v. Kasrawi dissenting | Criminal Law and Procedure | Jun. 17, 2021 | 
| Amended Opinion: People v. Jackson author | statutory_interpretation | Jun. 11, 2021 | 
| Modification: San Diegans for Open Government v. Fonseca author | Civil Procedure | Jun. 9, 2021 | 
| Usher v. White author | Labor Law | Jun. 1, 2021 | 
| San Diegans for Open Government v. Fonseca author | Civil Procedure | May 20, 2021 | 
| Dunlap v. Mayer author | probate_and_trusts | Apr. 27, 2021 | 
| People v. Jackson author | statutory_interpretation | Feb. 25, 2021 | 
| Wang v. Fang author | Civil Procedure | Jan. 13, 2021 | 
| In re Morse author | Evidence | Jan. 7, 2021 | 
| People v. Kruse author | Criminal Law and Procedure | Nov. 3, 2020 | 
| Provost v. YourMechanic, Inc. author | Labor Law | Oct. 19, 2020 | 
| People v. Zaheer dissenting | Criminal Law and Procedure | Sep. 10, 2020 | 
| Bolger v. Amazon.com, LLC affirmed | Torts | Aug. 17, 2020 | 
| Abatti v. Imperial Irrigation District concurring | Water Rights | Jul. 22, 2020 | 
| People v. Whalum concurring | Criminal Law and Procedure | Jun. 10, 2020 | 
| In re Christopher Lee White affirmed | Criminal Law and Procedure | May 22, 2020 | 
| Crosno Construction, Inc. v. Travelers Casualty concurring | Remedies | Apr. 21, 2020 | 
| Amended Opinion: People v. Williams author | Criminal Law and Procedure | Apr. 13, 2020 | 
| People v. Williams author | Criminal Law and Procedure | Apr. 10, 2020 | 
| People v. Williams author | Criminal Law and Procedure | Apr. 8, 2020 | 
| Marriage of Everard author | Family Law | Mar. 31, 2020 | 
| Citizens for Responsible etc. v. Department of Transportation author | statutory_interpretation | Mar. 25, 2020 | 
| People v. Smith author | Criminal Law and Procedure | Mar. 16, 2020 | 
| Matson v. S.B.S. Trust Deed Network author | Real Property | Mar. 9, 2020 | 
| People v. Johnson concurring | Criminal Law and Procedure | Feb. 20, 2020 | 
| San Diegans for Open Government v. Public Facilities Financing reversed and remanded | Government | Dec. 27, 2019 | 
| Hood v. Gonzales author | Civil Procedure | Dec. 10, 2019 | 
| People v. Jenkins author | Criminal Law and Procedure | Sep. 20, 2019 | 
| ZB, N.A. v. Superior Court (Kalethia Lawson) remanded | statutory_interpretation | Sep. 13, 2019 | 
| People v. Marsh author | Criminal Law and Procedure | Jul. 16, 2019 | 
| Moss v. Duncan author | Civil Procedure | Jun. 21, 2019 | 
| People v. Gutierrez concurring | Criminal Law and Procedure | Jun. 6, 2019 | 
| Plantier v. Ramona Municipal Water Dist. affirmed | Administrative Agencies | May 31, 2019 | 
| Citizens Oversight v. Vu author | statutory_interpretation | May 22, 2019 | 
| People v. Weir author | Criminal Law and Procedure | Apr. 2, 2019 | 
| In re Charlotte C. author | Dependency | Mar. 27, 2019 | 
| In re N.O. author | Dependency | Feb. 1, 2019 | 
| Modification: S.Y. v. Superior Court author | Family Law | Dec. 21, 2018 | 
| S.Y. v. Superior Court author | Family Law | Nov. 26, 2018 | 
| AMN Healthcare, Inc. v. Aya Healthcare Services, Inc. author | Employment Law | Nov. 5, 2018 | 
| Sandoval v. Qualcomm Inc. author | Torts | Oct. 22, 2018 | 
| Harley-Davidson, Inc. v. Franchise Tax Bd. author | Constitutional Law | Sep. 19, 2018 | 
| People v. Rodriguez author | Criminal Law and Procedure | Aug. 10, 2018 | 
| Anselmo v. Grossmont-Cuyamaca Com. College Dist. author | Torts | Aug. 7, 2018 | 
| People v. Balov author | Criminal Law and Procedure | May 24, 2018 | 
| People v. Chavez dissenting | Criminal Law and Procedure | Mar. 29, 2018 | 
| People v. Arredondo et al. author | Attorneys | Mar. 21, 2018 | 
| West Coast Air Conditioning Co. v. California Department of Corrections and Rehabilitation author | Remedies | Mar. 20, 2018 | 
| In re White author | Criminal Law and Procedure | Mar. 7, 2018 | 
| People v. Acosta author | Criminal Law and Procedure | Feb. 8, 2018 | 
| In re Webb concurring | Criminal Law and Procedure | Feb. 5, 2018 | 
| People v. Moore author | statutory_interpretation | Jan. 25, 2018 | 
| In re A.F. author | Native American Affairs | Dec. 22, 2017 | 
| Lawson v. ZB, N.A. author | Employment Law | Dec. 21, 2017 | 
| People v. Sandoval author | Criminal Law and Procedure | Dec. 4, 2017 | 
| Cleveland National Forest Foundation v. San Diego Association of Governments dissenting | Environmental Law | Nov. 17, 2017 | 
| McMillin Management Services, L.P. et al. v. Financial Pacific Insurance Company et al. concurring | Insurance | Nov. 15, 2017 | 
| San Diegans for Open Government v. Public Facilities Financing Authority of the City of San Diego author | Municipal Law | Nov. 10, 2017 | 
| Pearson Ford v. Workers' Compensation Appeals Board author | Workers' Compensation | Nov. 2, 2017 | 
| Gholipour v. Superior Court author | Criminal Law and Procedure | Oct. 25, 2017 | 
| Medina v. South Coast Car Co. Inc. author | Contracts | Sep. 26, 2017 | 
| People v. Harris author | Criminal Law and Procedure | Sep. 7, 2017 | 
 

 
