| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B338089
|
Modification: Getzels v. The State Bar of California
State Bar rule 2.30, which precludes inactive licensees from acting as private arbitrators and mediators, does not violate the Equal Protection Clauses of the federal and California Constitutions. |
Attorneys, Constitutional Law |
|
A. Mori | Jul. 28, 2025 |
|
H052324
|
Steshenko v. Board of Trustees
Trial court properly dismissed vexatious litigant's action, which he filed without permission while the appeal regarding his "vexatious litigant" status was pending. |
Civil Procedure |
|
M. Greenwood | Jul. 28, 2025 |
|
A170020
|
X.K. v. M.C.
Trial judge erroneously denied domestic violence restraining order by focusing on the parties' custody disputes instead of credible instances of abuse. |
Family Law |
|
T. Brown | Jul. 28, 2025 |
|
G063086
|
Cobos v. National General Insurance Co.
Denial of class certification of bad-faith insurance claim based on potential class members' individualized damages was erroneous where common issues of liability predominated. |
Civil Procedure |
|
M. Sanchez | Jul. 28, 2025 |
|
E084222
|
People v. Superior Court (Valdez)
Where defendant was already resentenced from life without the possibility of parole to a lesser sentence, he was not subsequently entitled to relief under Penal Code section 1170(d)(10). |
Criminal Law and Procedure |
|
F. Menetrez | Jul. 28, 2025 |
|
23-55190
|
Noohi v. Johnson & Johnson Consumer Inc.
Because expert's proposed damages method could viably measure damages on a classwide basis, district court did not abuse its discretion in certifying class. |
Consumer Law |
|
M. Berzon | Jul. 28, 2025 |
|
24-3506
|
Nadon v. Bisignano
Administrative law judge did not err in determining applicant was not disabled based on work done during her period of alleged disability and inconsistencies between described symptoms and daily activities. |
Administrative Agencies |
|
M. Christen | Jul. 28, 2025 |
|
24-3108
|
Khatibi v. Hawkins
Continuing medical education (CME) "implicit bias" requirement does not violate the First Amendment because eligible CMEs constitute government speech, immune from the strictures of the Free Speech Clause. |
Constitutional Law |
|
J. Nguyen | Jul. 28, 2025 |
|
24-3661
|
International Partners for Ethical Care Inc. v. Ferguson
Plaintiffs, anti-gender affirmation organizations and parents, lacked standing to challenge Washington laws regarding minors' access to mental health care and shelter services. |
Constitutional Law, Civil Procedure |
|
M. Smith | Jul. 28, 2025 |
|
24-3646
|
Burch v. City of Chubbuck
Public employee could not demonstrate First Amendment retaliation for speech activity occurring as part of the performance of his duties as a government employee because such speech was not protected. |
Constitutional Law |
|
R. Tallman | Jul. 28, 2025 |
|
25-807
|
State of Washington v. Trump
District court did not err in preliminarily enjoining Executive Order revoking birthright citizenship. |
Constitutional Law |
|
R. Gould | Jul. 25, 2025 |
|
A170622
|
Lara v. California Insurance Co.
Trial court properly affirmed the Insurance Commissioner's authority to act as conservator for the insurance company following its attempted unauthorized merger, despite the company's financial solvency. |
Insurance |
|
T. Brown | Jul. 25, 2025 |
|
23-2743
|
Gila River Indian Community v. Schoubroek
Summary judgment was not appropriate where plaintiffs failed to satisfy burden-shifting framework for proving water pumped by wells was river subflow rather than groundwater. |
Water Rights |
|
J. Bybee | Jul. 25, 2025 |
|
23-15299
|
Johnson v. High Desert State Prison
Order |
|
Jul. 25, 2025 | ||
|
24-542
|
Rhode v. Bonta
California laws requiring background checks for every purchase of ammunition unconstitutionally burdened residents' Second Amendment rights. |
Constitutional Law |
|
S. Ikuta | Jul. 25, 2025 |
|
23-4169
|
Bates v. Pakseresht
Oregon policy requiring prospective parents to respect adoptive child's gender identity, sexual orientation, and gender expression likely violated First Amendment. |
Constitutional Law |
|
D. Bress | Jul. 25, 2025 |
|
S184521
|
People v. Dunn
Though defendant's shootings in a small town made the news, trial court's denial of venue change was appropriate because facts supported that he could obtain a fair and impartial trial. |
Criminal Law and Procedure |
|
C. Corrigan | Jul. 25, 2025 |
|
G063186
|
Tidrick v. FCA US LLC
Trial court erroneously calculated Song-Beverly fee award using prevailing attorney rates in plaintiff's county of residence, rather than the rates prevailing in the venue. |
Consumer Law |
|
T. Delaney | Jul. 24, 2025 |
|
B329529
|
Koenig v. Centralia Limited Investors
Granting application to commence statutory partnership buyout proceedings is mandatory where statutory requirements are satisfied. |
Business Law |
|
R. Adams | Jul. 24, 2025 |
|
24-879
|
Yuga Labs Inc. v. Ripps
Despite being purely digital, intangible goods, Bored Ape nonfungible tokens (NFTs) were trademarkable under the Lanham Act. |
Intellectual Property |
|
D. Forrest | Jul. 24, 2025 |
|
24-3335
|
Bodenburg v. Apple Inc.
Breach of contract claim could not survive motion to dismiss where defendant performed as contemplated by the parties' agreement even though that performance did not match plaintiff's subjective expectation. |
Contracts |
|
M. Smith | Jul. 24, 2025 |
|
D083412
|
Modification: Scott v. County of Riverside
County's fee to determine timeshare owners' portion of property tax was a tax requiring voter approval because it failed to provide evidence of the actual expenditures incurred in assessing the fee. |
Tax |
|
J. Irion | Jul. 24, 2025 |
|
B323640
|
People v. Cunningham
Defendant was ineligible for Penal Code section 1172.6 because jury instructions, along with verdict, established defendant acted with malice. |
Criminal Law and Procedure |
|
K. Yegan | Jul. 24, 2025 |
|
G063400
|
People v. Benitez-Torres
Attorney's failure to understand and explain the immigration consequences of a guilty plea prejudiced client and entitled him to relief under Penal Code 1473.7. |
Criminal Law and Procedure |
|
E. Moore | Jul. 24, 2025 |
|
A173263
|
Wing Inflatables v. Certain Underwriters at Lloyd's
A clerk's certificate of service must be attached to, stamped on, or imbedded in the Notice of Entry or file-endorsed copy of the judgment or appealable order being served to trigger the 60-day period to appeal. |
Civil Procedure |
|
K. Banke | Jul. 23, 2025 |
|
H051229
|
People v. Cota
Under Penal Code section 1172.75, trial court maintained jurisdiction to resentence defendant with prison priors despite CDCR's failure to provide the court with the list of eligible inmates. |
Criminal Law and Procedure |
|
D. Bromberg | Jul. 23, 2025 |
|
B337415
|
Yu v. Pozniak-Rice
Diligent efforts for alternative service of civil harassment restraining orders follows the same requirements as summons service in civil cases. |
Civil Procedure |
|
J. Segal | Jul. 23, 2025 |
|
23-35267
|
Cabello Garcia v. USCIS
District court lacked jurisdiction to review judgment denying discretionary adjustment of status for lawful permanent resident. |
Immigration |
|
D. Bress | Jul. 23, 2025 |
|
24-263
|
U.S. v. Hassan
The Sixth Amendment's guarantee of a fair trial permits the trier of fact to compare, for identification purposes, photographs or video of the culprit with the defendant's in-court appearance. |
Criminal Law and Procedure |
|
R. Clifton | Jul. 23, 2025 |
|
D084405
|
Gogal v. Deng
Prevailing married couple in retaliatory eviction case was not entitled to attorney's fees for work performed by attorney-spouse because there was no evidence of a bona fide attorney-client relationship. |
Attorneys |
|
W. Dato | Jul. 23, 2025 |
For reprint rights or to purchase a copy of your Daily Journal photo, email Jeremy_Ellis@dailyjournal.com for prices or call 213-229-5424. To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com