| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
G063082
|
Kabat v. Department of Transportation
Summary judgment for dangerous condition of public property liability under Government Code Section 835 was proper when Caltrans provided evidence that it had no notice of allegedly dangerous condition. |
Government, Torts |
|
T. Delaney | Dec. 23, 2024 |
|
B333759
|
Jenkins v. Dermatology Management, LLC
Trial court properly refused to enforce and sever procedurally and substantively unconscionable arbitration agreement. |
Arbitration |
|
K. Yeager | Dec. 23, 2024 |
|
B321752
|
Lazar v. Bishop
Cause of action for real estate broker's breach of fiduciary duty was assignable where the complaint only sought to recover damages related to property and pecuniary interests. |
Civil Procedure |
|
L. Edmon | Dec. 23, 2024 |
|
D084051
|
In re Lerke
No legal authority permitted an indefinite detention in county jail pending a transfer to a state hospital following the conclusion of competency proceedings in an underlying criminal case. |
Habeas Corpus |
|
M. Buchanan | Dec. 23, 2024 |
|
C097746
|
Modification: Yaffee v. Skeen
Reversal required where inadmissible evidence of reasonable value of medical services received by insured plaintiff may have resulted in recovery of amounts paid by neither the plaintiff nor his insurer. |
Remedies, Torts |
|
H. Hull | Dec. 23, 2024 |
|
12-56867
|
Fazaga v. Federal Bureau of Investigation
State secrets privilege does not mandate dismissal of action unless it deprives the United States of information establishing a valid defense or makes litigation impossible due to risks of disclosure. |
Government |
|
M. Berzon | Dec. 23, 2024 |
|
23-3877
|
Nisbet v. Bridger
Absent any clear error, the district court's determination that children had no habitual residence and Hague Convention did not apply to them for petition-to-return purposes should not be disturbed. |
International Law |
|
C. Bea | Dec. 23, 2024 |
|
21-56295
|
Moving Oxnard Forward Inc. v. Ascension
Where the record supported that City's measure to limit campaign contributions were not meant to avoid the appearance of *quid pro quo* corruption, it violated the First Amendment. |
Constitutional Law, Municipal Law |
|
D. Collins | Dec. 23, 2024 |
|
A166277
|
People v. Baugh
Trial court did not err by refusing to order prosecutor to obtain evidence regarding victim witness' alleged schizophrenia diagnosis. |
Criminal Law and Procedure, Evidence |
|
C. Fujisaki | Dec. 23, 2024 |
|
C098659
|
People v. Zwerenz
Recommitment of an offender with a mental health disorder did not constitute double jeopardy in the face of substantial evidence supporting his recommitment. |
Criminal Law and Procedure |
|
R. Robie | Dec. 23, 2024 |
|
D084512
|
People v. Barnes
Trial court violated Code of Civil Procedure Section 231.7 by using reasoning not offered by the prosecution to overrule defendant's peremptory strike challenge. |
Criminal Law and Procedure |
|
R. Huffman | Dec. 20, 2024 |
|
E081367
|
People v. Torres
No particular type of evidence was necessary to prove that parent/child relationship existed between victim and defendant charged with criminal incest. |
Criminal Law and Procedure |
|
M. Raphael | Dec. 20, 2024 |
|
A168530
|
People v. Davis
Petition for resentencing was denied under the new felony murder statute because substantial evidence supported the trial court's finding that Defendant was the actual killer beyond a reasonable doubt. |
Criminal Law and Procedure |
|
M. Miller | Dec. 20, 2024 |
|
A169561
|
In re P.S.
It was not categorically premature for a parent who was receiving reunification services to request the appointment of an expert to perform a bonding study during the reunification phase. |
Family Law |
|
T. Stewart | Dec. 20, 2024 |
|
A168517
|
California Resources Production Corp. v. Antioch City Council
Trial court properly dismissed suit alleging equal protection violations against city after it declined to extend plaintiff's agreement to operate gas pipeline. |
Government, Constitutional Law |
|
J. Goldman | Dec. 20, 2024 |
|
23-16065
|
Teradata Corp. v. SAP SE
District court abused its discretion by excluding an expert's testimony on market definition in trade secrets and antitrust action. |
Antitrust, Evidence |
|
E. Miller | Dec. 20, 2024 |
|
22-15344
|
Puente v. City of Phoenix
Defendant police officers were afforded qualified immunity against excessive force claims advanced by protestors injured by tear gas and projectiles at a political rally. |
Constitutional Law |
|
D. Collins | Dec. 20, 2024 |
|
23-50016
|
U.S. v. Wilson
Selective-prosecution discovery was improper for George Floyd protesters charged with arson who claimed that other arsons in the Central District were not prosecuted. |
Criminal Law and Procedure |
|
D. Forrest | Dec. 20, 2024 |
|
S275843
|
JJD-HOV Elk Grove, LLC v. Jo-Ann Stores, LLC
Cotenancy provision in retail lease reflected parties' agreement regarding acceptable alternative performance of negotiated obligations and was enforceable. |
Real Property, Contracts |
|
K. Evans | Dec. 20, 2024 |
|
E084329
|
Gabriel M. v. Superior Court (People)
Trial court erred in not following proper requirements and procedures for juvenile seeking appeal from order to be transferred from juvenile to adult criminal court. |
Juveniles |
|
F. Menetrez | Dec. 19, 2024 |
|
B322994
|
Merrick v. Lau
Order_and_opinion |
|
Dec. 18, 2024 | ||
|
B329158
|
Modification: In re Nguyen
The difference in how the Department of Corrections and Rehabilitation applies award credits against an inmate's minimum eligible parole date and youth parole eligible date does not violate equal protection. |
Criminal Law and Procedure |
|
L. Edmon | Dec. 19, 2024 |
|
B322994
|
Merrick v. Lau
Notwithstanding the trial court judge's unprofessional comment, judgment was affirmed when record showed no evidence of bias. |
Judges |
|
E. Grimes | Dec. 19, 2024 |
|
22-50142
|
U.S. v. Hackett
Given lack of clear authority, district court did not plainly err when it relied on sentencing guidelines commentary that incorporated intended loss into the plain meaning of the term "loss." |
Criminal Law and Procedure |
|
J. Rawlinson | Dec. 19, 2024 |
|
C098758
|
People v. Nava
An individual could not be convicted under both Penal Code sections 4500 and 4501 (assault with a deadly weapon while a life prisoner and assault with a deadly weapon while a prisoner) for the same conduct. |
Criminal Law and Procedure |
|
S. Boulware Eurie | Dec. 19, 2024 |
|
D083262
|
People v. Lattin
An assault with a firearm can be committed with an unloaded gun by a defendant who has ammunition available and the means to load it immediately. |
Criminal Law and Procedure |
|
T. Do | Dec. 19, 2024 |
|
C097746
|
Modification: Yaffee v. Skeen
Reversal required where inadmissible evidence of reasonable value of medical services received by insured plaintiff may have resulted in recovery of amounts paid by neither the plaintiff nor his insurer. |
Remedies, Torts |
|
H. Hull | Dec. 18, 2024 |
|
D082747
|
Zavala v. Hyundai Motor America
Disagreeing with *Gorobets v. Jaguar Land Rover North America*, simultaneous 998 offers to the same party may be valid to shift costs. |
Civil Procedure |
|
J. Irion | Dec. 18, 2024 |
|
B323392
|
Winston v. County of Los Angeles
Trial court erred in denying successful whistleblower retaliation litigant's Labor Code Section 1102.5(j) attorney fees' request when amended provision could be applied retroactively. |
Civil Procedure, Employment Law |
|
M. Stratton | Dec. 17, 2024 |
|
D082799
|
People v. Caratachea
Trial court was not required to conduct a sua sponte Evidence Code Section 352 inquiry where attorney did not request exclusion. |
Criminal Law and Procedure, Evidence |
|
W. Dato | Dec. 17, 2024 |
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