| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C098433
|
McCurry v. Singh
Physician had no duty of care when his overall actions did not establish a physician-patient relationship with decedent. |
Torts, Health Care |
|
H. Hull | Sep. 12, 2024 |
|
22-16079
|
Silloway v. City and County of San Francisco
Summary judgment on overtime claim was improper where material questions of fact existed as to whether City of San Francisco's published salary ordinance was actually used in practice. |
Employment Law |
|
D. Hamilton | Sep. 12, 2024 |
|
23-870
|
Lopez v. Garland
Board of Immigration Appeals decision that Reno petit larceny was a "crime involving moral turpitude" was entitled to deference and supported the denial of petitioner's request for asylum. |
Immigration |
|
S. Thomas | Sep. 12, 2024 |
|
23-972
|
U.S. v. Shen Zhen New World I, LLC
For the bribe-giver, it is sufficient to demonstrate a requisite intent to influence an official rather than an agreement for quid pro quo for a conviction on federal bribery charges. |
Criminal Law and Procedure |
|
G. Sanchez | Sep. 12, 2024 |
|
G063021
|
Lynch v. Peter & Associates
Despite having no contract with homeowner, geotechnical inspection company owed homeowner a duty of care to perform with skill expected of professional in its position. |
Business Law, Torts |
|
E. Moore | Sep. 12, 2024 |
|
B332310
|
In re V.S.
Juvenile court abused its discretion in choosing, sua sponte, guardianship over adoption. |
Dependency |
|
A. Collins | Sep. 11, 2024 |
|
C097565
|
Modification: People v. Brannon-Thompson
At a Section 1172.75 resentencing, the Penal Code does not require aggravating factors to be found true beyond a reasonable doubt if the upper term was previously imposed. |
Criminal Law and Procedure |
|
Sep. 11, 2024 | |
|
23-16123
|
Sacramento Homeless Union v. City of Sacramento
Order |
|
Sep. 11, 2024 | ||
|
23-55713
|
Corbett v. Transportation Security Administration
Once a Freedom of Information Act suit is properly initiated based on constructive exhaustion, an agency's post-lawsuit response does not require dismissal for failure to exhaust. |
Civil Procedure |
|
M. Christen | Sep. 11, 2024 |
|
22-99008
|
Frye v. Broomfield
Habeas relief was unavailable from a federal court after a state court had already adjudicated a shackling claim on the merits and its determination of harmlessness was not objectively unreasonable. |
Criminal Law and Procedure |
|
M. Murguia | Sep. 11, 2024 |
|
A167698
|
Sunflower Alliance v. California Dept. of Conservation
Project to convert an oil well, which formerly pumped oil and water from an aquifer, into an injection well, which would pump excess water back into the aquifer, was a CEQA exempt negligible change. |
Environmental Law |
|
G. Burns | Sep. 10, 2024 |
|
22-56032
|
Blumberger v. Tilley
30-day window for federal officer removal did not begin for defendant doctor until the Attorney General advised the state court that defendant was not a federal employee for purposes of the Federal Tort Claims Act. |
Civil Procedure |
|
J. Bybee | Sep. 10, 2024 |
|
23-15970
|
Adams v. County of Sacramento
Personal text messages from a public employee regarding a racist image did not constitute a matter of legitimate public concern and therefore were not protected by the First Amendment. |
Constitutional Law |
|
S. Thomas | Sep. 10, 2024 |
|
22-55946
|
Pimentel v. City of Los Angeles
Summary judgment was inappropriate where no evidence showed City's basis for setting parking citation late-payment penalty at 100 percent of the original fine was proportional and not arbitrary. |
Constitutional Law, Municipal Law |
|
K. Lee | Sep. 10, 2024 |
|
23-60005
|
In re: Lovering Tubbs Trust v. Hoffman
Summary judgment on bankruptcy trustee's fraudulent transfer claim was appropriate where debtor stated she took part in the transaction because she knew it would stymie creditor's collection efforts. |
Bankruptcy |
|
M. Christen | Sep. 10, 2024 |
|
23-16026
|
Doe v. Horne
Arizona's ban prohibiting transgender women and girls from participating in school sports consistent with their gender identity was unlikely to survive heightened scrutiny. |
Civil Rights |
|
M. Christen | Sep. 10, 2024 |
|
G062749
|
People v. Hall
Because defendants' movement of victim around the house was incidental to robbing the victim, convictions for simple kidnapping were reversed. |
Criminal Law and Procedure |
|
M. Sanchez | Sep. 10, 2024 |
|
E081025
|
Huntsman-West Foundation v. Smith
Trial court properly granted summary judgment for defendant, who had no control over premises on which plaintiffs' property was stored and eventually lost. |
Torts, Evidence |
|
D. Miller | Sep. 10, 2024 |
|
G062596
|
People v. Ruiz
Trial court erred in calculating defendant's 15-year incarceration requirement for Penal Code Section 1170(d) resentencing by calculating from the sentencing date rather than the incarceration date. |
Criminal Law and Procedure |
|
E. Moore | Sep. 9, 2024 |
|
A168803
|
Fox Paine & Co., LLC v. Twin City Fire Insurance Co.
Declaratory relief was not warranted in insurance dispute where the claims were derivative of breach of contract claims. |
Insurance, Civil Procedure |
|
J. Richman | Sep. 9, 2024 |
|
23-15624
|
Rodney v. Garrett
Habeas corpus petitioner could not establish substantial ineffective-assistance-of-counsel claims because there was no reasonable probability the result of his trial would have been different but for his counsel's alleged errors. |
Criminal Law and Procedure |
|
R. Marquez | Sep. 9, 2024 |
|
23-15605
|
Watanabe v. Derr
District court erred in dismissing prisoner's deliberate indifference to serious medical needs *Bivens* claim when it was sufficiently analogous to precedent allowing for such a claim. |
Prisoners Rights |
|
R. Paez | Sep. 9, 2024 |
|
23-16164
|
Wolford v. Lopez
Ninth Circuit affirmed preliminary injunction prohibiting the enforcement of laws that restricting firearms in sensitive places such as hospitals, public transit, and places of worship. |
Constitutional Law |
|
S. Graber | Sep. 9, 2024 |
|
22-1910
|
Amended Opinion: Bent v. Garland
California Penal Code Section 1473.7(a)(1) does not allow for vacatur of state convictions solely to alleviate immigration consequences and therefore can affect a conviction's validity for immigration purposes. |
Immigration |
|
S. Mendoza | Sep. 9, 2024 |
|
D083970
|
In re Montgomery
A petitioner must have an ongoing Racial Justice Act action in order to file a motion for discovery relating to a violation of the act. |
Criminal Law and Procedure |
|
J. Irion | Sep. 9, 2024 |
|
B329459
|
Grossman v. Wakeman
Attorney owed no duty of care to disinherited son and grandchildren where it was not clear that client intended his trust to benefit disinherited individuals. |
Attorneys, Probate and Trusts |
|
K. Yegan | Sep. 6, 2024 |
|
F087367
|
In re Brown
Three Strikes exclusion under Elderly Parole Program applies to prisoners convicted and sentenced under the Three Strikes law even if they had already begun serving a prison sentence. |
Criminal Law and Procedure |
|
H. Levy | Sep. 6, 2024 |
|
22-56161
|
Black Lives Matter Los Angeles v. Los Angeles
Black Lives Matter protester class certifications were vacated and remanded where the district court did not rigorously analyze whether three damages classes satisfied the commonality requirement. |
Civil Procedure, Civil Rights |
|
K. Lee | Sep. 6, 2024 |
|
23-15524
|
Houston v. County of Maricopa
Because County's online "Mugshot Lookup," which included detainees' photos and personal information, served as a punishment, it implicated detainees' due process rights. |
Constitutional Law |
|
M. Berzon | Sep. 6, 2024 |
|
23-55574
|
Relevant Group LLC v. Nourmand
Litigation activities under CEQA that resulted in a settlement were not objectively baseless and therefore protected under the Noerr-Pennington doctrine. |
Real Property |
|
M. Smith | Sep. 6, 2024 |
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