| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D082021
|
Marriage of Goldman
Laches defense is available in Family Code proceedings not attempting to enforce a support judgment, but prejudice is still a required showing for a successful defense. |
Family Law |
|
W. Dato | Jan. 14, 2025 |
|
B327691
|
Gee v. National Collegiate Athletic Assocation
The assumption of risk doctrine applied to a plaintiff injured by an inherent risk of the sport (head hits), irrespective of whether the specific injury itself (CTE) was inherent to the sport. |
Torts |
|
M. Stratton | Jan. 14, 2025 |
|
H050639
|
Stokes v. Forty Niners Stadium Management Co.
Negligence claim against defendant football stadium security lacked causation where the incident occurred too quickly for defendant to intervene. |
Torts |
|
P. Bamattre-Manoukian | Jan. 14, 2025 |
|
19-70960
|
Godoy-Aguilar v. Garland
California Penal Code Section 136.1(c)(1) is a categorical match for the generic federal offense of an aggravated felony relating to obstruction of justice. |
Immigration |
|
C. Bea | Jan. 14, 2025 |
|
22-16562
|
Jane Doe v. Uber Technologies, Inc.
Order |
|
Jan. 14, 2025 | ||
|
24-1086
|
In re: Melanio L. Valdellon and Ellen C. Valdellon
Bankruptcy debtors stated plausible claim for relief where mortgage company sent statements showing past due balance even though default was cured through the plan and debtors made all postpetition payments. |
Bankruptcy |
|
S. Gan | Jan. 13, 2025 |
|
G062752
|
Collins v. Diamond Generating Corp.
Trial court erred in not allowing for Privette jury instructions that could have potentially provided defendant, a partial indirect owner, with the same liability protections as the owner. |
Torts |
|
T. Goethals | Jan. 10, 2025 |
|
A167637
|
Reese v. Select Portfolio Servicing, Inc.
Amendment could not cure defect to overcome demurrer where mortgage servicer remedied its alleged violation of Homeowner's Bill of Rights by waiting and recording a new notice of sale. |
Real Property |
|
T. Brown | Jan. 10, 2025 |
|
A168580
|
People v. Bravo
An enhancement that was originally stayed did not preclude resentencing under Penal Code Section 112.75. |
Criminal Law and Procedure |
|
M. Miller | Jan. 9, 2025 |
|
23-15902
|
Barton v. Office of Navajo and Hopi Indian Relocation
Administrative agency's denial of Native American's relocation benefits' request due to improper application of appropriate standard necessitated reversal and remand. |
Native American Affairs |
|
R. Desai | Jan. 9, 2025 |
|
B320574
|
Pollock v. Kelso
Attorney fee award was reasonable where the parties' conduct and settlement agreement in camera review demonstrated one was the prevailing party. |
Civil Procedure |
|
J. Wiley | Jan. 9, 2025 |
|
22-35271
|
Project Veritas v. Schmidt
Oregon's conversational privacy statute requiring that notice be given before oral conversations may be recorded does not violate the First Amendment. |
Constitutional Law |
|
M. Christen | Jan. 8, 2025 |
|
H050639
|
Stokes v. Forty Niners Stadium Management Co., LLC
Order_and_opinion |
|
Jan. 14, 2025 | ||
|
B337339
|
Modification: People v. Hodge
Because trial court was under no statutory obligation to respond to defendant's Penal Code Section 1172.1 request for resentencing, case was not appealable and dismissed. |
Criminal Law and Procedure |
|
E. Lui | Jan. 7, 2025 |
|
S279737
|
People v. Collins
Liability for murder on a failure-to-protect theory requires the perpetrator to know to a substantial degree of certainty about a life-endangering act and fail to act in conscious disregard for life. |
Criminal Law and Procedure |
|
K. Evans | Jan. 7, 2025 |
|
B327714
|
Charlie L. v. Kangavari
Health & Safety Code Section 1799.110's standards for emergency medical services applied in malpractice claim against physician, an on-call radiologist who remotely reviewed images for an ER patient on a "stat" basis. |
Health Care |
|
B. Hoffstadt | Jan. 6, 2025 |
|
C097818
|
Modification: Schneider v. Lane
Civil Code Section 845 did not obligate easement owner to construct a riverbank stabilization project separate from the right-of-way to protect the easement road from risk of the riverbank's future erosion. |
Real Property |
|
H. Hull | Jan. 6, 2025 |
|
23-35235
|
Grimm v. City of Portland
A warning slip placed on an illegally parked car's windshield two days before a car was to be towed provided notice reasonably calculated to inform car's owner. |
Civil Rights |
|
H. Thomas | Jan. 6, 2025 |
|
23-55259
|
Consumer Financial Protection Bureau v. Cashcall, Inc.
Consumer lender failed to argue constitutional right to jury trial violation when it proceeded with a bench trial in the first phase of trial. |
Consumer Law |
|
E. Miller | Jan. 6, 2025 |
|
B333201
|
JCCrandall, LLC v. County of Santa Barbara
Conditional use permit to cultivate cannabis was defeated by servient tenant's objection to easement on the grounds that cannabis is illegal under federal law. |
Real Property, Commercial Law |
|
A. Gilbert | Jan. 6, 2025 |
|
D082588
|
Greener v. M. Phelps, Inc.
Trial court did not err in choosing increased risk assumption of liability jury instruction when facts demonstrated that defendant jiu jiu-jitsu instructor chose to proceed with improper move. |
Torts |
|
J. Castillo | Jan. 3, 2025 |
|
D082237
|
People v. Garcia
Gang-related evidence that was cumulative and prejudicial should not have been admitted at trial where the defendants requested bifurcation of gang enhancements because the evidence was more prejudicial than probative. |
Criminal Law and Procedure |
|
R. Huffman | Jan. 3, 2025 |
|
B338184
|
In re Z.H.
The termination of parental rights for abandonment is determined based on the applicable parent's conduct rather than the legality of the proposed adoption. |
Family Law |
|
N. Bershon | Jan. 3, 2025 |
|
C098857
|
Lombardo v. Gramercy Court
Where principal's actions did not evidence granting agent authority to enter into arbitration agreements, trial court did not err in denying petition to compel arbitration. |
Arbitration |
|
R. Robie | Jan. 3, 2025 |
|
A165276
|
People v. Quintero
When record did not support that prosecutors' use of the words "monsters" and "predators" in their closing statement exhibited any racial bias, no violation of the Racial Justice Act occurred. |
Criminal Law and Procedure |
|
T. Jackson | Jan. 3, 2025 |
|
21-35374
|
Sheltra v. Christensen
To exhaust administrative remedies, an inmate need not file repeated grievances if they have identified one continuing harm or course of conduct. |
Prisoners' Rights |
|
D. Forrest | Jan. 2, 2025 |
|
D082036
|
Huff v. Interior Specialists, Inc.
After ordering plaintiff's individual Private Attorneys General Act claims to arbitration, trial court erred in dismissing the nonindividual PAGA claims plaintiff brought on behalf of other aggrieved employees. |
Arbitration |
|
W. Dato | Dec. 31, 2024 |
|
B337339
|
People v. Hodge
Because trial court was under no statutory obligation to respond to defendant's Penal Code Section 1172.1 request for resentencing, case was not appealable and dismissed. |
Criminal Law and Procedure |
|
E. Lui | Dec. 31, 2024 |
|
23-2917
|
U.S. v. In
Where officers spotted an unsecured gun in the back seat of defendant's car, *Terry* stop did not escalate into a *de facto* arrest without probable cause. |
Criminal Law and Procedure |
|
R. Gould | Dec. 31, 2024 |
|
23-55088
|
Markel v. Union of Orthodox Jewish Congregations of America
A mashgiach was considered a "minister" within the Union of Orthodox Jewish Organization of America, and therefore could not bring employment claims against the Organization. |
Employment Law, Constitutional Law |
|
R. Nelson | Dec. 31, 2024 |
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