| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
A168163
|
Rehearing: Friends of the South Fork Gualala v. Dept. of Forestry & Fire Protection
Trial court did not err in denying seventh disability accommodation request for counsel due to the statutory mandate that CEQA cases be determined quickly. |
Civil Procedure, Environmental Law |
|
J. Streeter | Nov. 26, 2024 |
|
D082341
|
Slone v. El Centro Regional Medical Center
Appellant's failure to fairly summarize facts in his opening brief resulted in him waiving his claims that insufficient evidence supported the trial court's findings. |
Civil Procedure |
|
R. Huffman | Nov. 26, 2024 |
|
B337033
|
In re Juan A.
Juvenile court should have continued teenage dependent's permanent placement service hearing so that dependent could be present at the hearing. |
Dependency |
|
H. Bendix | Nov. 26, 2024 |
|
23-1363
|
Baker v. City of McKinney
Order |
|
Nov. 26, 2024 | ||
|
D084517
|
Juarez v. San Bernardino City Unified School District
School district was liable for actions an off-duty school district officer took where he identified himself as an officer and exercised his authority to demand that plaintiff turn over a found cell phone. |
Torts |
|
M. Buchanan | Nov. 26, 2024 |
|
G063594
|
Modification: Mercado v. Superior Court (Wolf)
Granting vocational evaluations orders requires a showing that the evaluation would be in the children's best interests and that the other party has the ability and opportunity to earn income. |
Family Law |
|
M. Sanchez | Nov. 26, 2024 |
|
B333959
|
Ofek Rachel, Ltd. v. Zion
In post-judgment enforcement proceedings, trial courts may impose attorney's fees against a nonparty for failure to comply with the court's order. |
Civil Procedure |
|
B. Hoffstadt | Nov. 25, 2024 |
|
B330833
|
Smith v. Magic Mountain LLC
Plaintiff was not entitled to jury instructions regarding common carriers' heightened duty of care because the evidence showed she had not yet placed herself in the amusement park's control. |
Torts |
|
B. Hoffstadt | Nov. 25, 2024 |
|
E081220
|
Gonzalez v. Interstate Cleaning Corp.
A mall that complied with rigorous, regular maintenance procedures lacked constructive notice of a dangerous condition--a spilled pile of oranges on the floor. |
Torts |
|
A. McKinster | Nov. 25, 2024 |
|
G063594
|
Mercado v. Superior Court (Wolf)
Granting vocational evaluations orders requires a showing that the evaluation would be in the children's best interests and that the other party has the ability and opportunity to earn income. |
Family Law |
|
M. Sanchez | Nov. 25, 2024 |
|
23-15860
|
In re: Saldana v. Bronitsky
Voluntary contributions to employer-managed retirement plans do not constitute disposable income in Chapter 13 bankruptcy. |
Bankruptcy |
|
S. Thomas | Nov. 25, 2024 |
|
23-980
|
Facebook, Inc. v. Amalgamated Bank
Order |
|
Nov. 25, 2024 | ||
|
B331881
|
Assn. for Los Angeles Deputy Sheriffs v. County of Los Angeles
Despite new legislation's mandates disallowing law enforcement gang participation, targeted interviews of certain officers triggered Meyers-Milias Brown Act meet-and-confer requirements. |
Government, Municipal Law |
|
A. Davis | Nov. 22, 2024 |
|
B328374
|
Mann v. State of California
California Highway Patrol officers were not required to consider the owner's present ability to pay towing, storage, and any other fees in vehicle storage hearings under applicable law. |
Administrative Agencies |
|
V. Chavez | Nov. 22, 2024 |
|
B334806
|
Garcia v. Superior Court (City of Los Angeles)
Penal Code Section 1172.6 (felony murder resentencing) permits petitioners to obtain post-conviction discovery following order to show cause to enable defense against new theories of liability. |
Criminal Law and Procedure |
|
G. Feuer | Nov. 22, 2024 |
|
B328079
|
People v. North River Insurance Co.
Bail bond was not void despite the fact that ancillary premium financing agreement was unenforceable because the agreements were separate and involved different consideration. |
Criminal Law and Procedure, Contracts |
|
N. Bershon | Nov. 22, 2024 |
|
D081490
|
Modification: People v. Corbi
Gang expert's trial testimony that defendant started a quarrel was improper because the jury did not need special knowledge to apply the expert's logic to the facts. |
Criminal Law and Procedure, Evidence |
|
W. Dato | Nov. 22, 2024 |
|
A168930
|
People v. Jones
Failure to give unanimity instruction was harmless error where jury's findings indicated it unanimously concluded he had requisite intent to commit sexual assault when he entered dwelling to commit burglary. |
Criminal Law and Procedure |
|
J. Humes | Nov. 22, 2024 |
|
D083420
|
McCurdy v. County of Riverside
After a successful habeas petition, petitioner's claim against County was subject to 6-month presentation window for tort claims. |
Government, Torts |
|
J. Kelety | Nov. 22, 2024 |
|
D083358
|
People v. Bagsby
Although distinguishing between resentencing juveniles with an explicit life without parole sentence and juveniles with a functionally equivalent sentence violates equal protection, the proper remedy is not to strike the provision. |
Criminal Law and Procedure |
|
T. Do | Nov. 22, 2024 |
|
D084309
|
People v. Ibarra
Because the trial court improperly instructed jury on the possibility that defendant concurrently intended to kill victim, it erred when it provided the jury with the kill zone instruction. |
Criminal Law and Procedure |
|
J. Kelety | Nov. 22, 2024 |
|
G063715
|
Blauser v. Dubin
Addition of trial court's signature with "it is so ordered," did not transform order granting nonsuit into an appealable order. |
Civil Procedure |
|
P. Curiam | Nov. 21, 2024 |
|
B326986
|
Quesada v. County of Los Angeles
Trial court did not err in not applying *McDonnell Douglas* burden shifting test when plaintiff's case did not involve racial discrimination. |
Employment Discrimination |
|
J. Wiley | Nov. 21, 2024 |
|
B330041
|
People v. Martinez
Defendant was not entitled to a heat of passion jury instruction based on alleged "slight touching" by the victim prior to attempted murder. |
Criminal Law and Procedure |
|
M. Hanasono | Nov. 21, 2024 |
|
D083018
|
Shenefield v. Kovtun
Failure to raise a CCP Section 340.6 statute of limitations defense resulted in waiver and thus could not form the basis for defendant's post-judgment appeal. |
Civil Procedure |
|
J. Irion | Nov. 21, 2024 |
|
D081911
|
Burton v. Campbell
Failure to make demand to cure and correct as required by statute meant interested person could not bring suit seeking determination that city council legislative action was null and void. |
Government |
|
J. Irion | Nov. 21, 2024 |
|
H051232
|
Working Families of Monterey County v. King City Planning Commission
California Environmental Quality Act Guidelines Class 32 exemption for infill development does not have a city population requirement. |
Environmental Law |
|
P. Bamattre-Manoukian | Nov. 20, 2024 |
|
C098299
|
People v. Robinson
Grand jury was prior hearing that resentencing court could consider evidence from when determining whether petitioner was entitled to ameliorative resentencing relief for his murder conviction. |
Criminal Law and Procedure, Evidence |
|
L. Earl | Nov. 20, 2024 |
|
22-16807
|
In re: Klin v. Cloudera Inc.
Plaintiff's failure to adequately plead definitions concerning "cloud-native" offerings warranted dismissal of securities fraud action. |
Securities, Civil Procedure |
|
E. Miller | Nov. 20, 2024 |
|
A167764
|
Littlefield v. Littlefield
Anti-SLAPP statute mandated granting of attorney's fees where motion was frivolous, as no reasonable attorney would conclude that plaintiff's petition sought to impose liability based on any protected activity. |
Anti-SLAPP |
|
J. Goldman | Nov. 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