| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
23-55326
|
Thai v. County of Los Angeles
Law enforcement officers assigned to a joint federal-state task force implemented by federal law and supervised by a federal agent were operating under federal, rather than state, law. |
Civil Rights |
|
S. Ikuta | Feb. 13, 2025 |
|
A171071
|
Modification: Baca v. Kuang
A commercial landlord consented to a month-to-month tenancy by accepting multiple months of rent following the expiration of a notice to terminate tenancy. |
Real Property |
|
D. Chou | Feb. 12, 2025 |
|
B330798
|
Optronic Technologies, Inc. v. Celestron Acquisition, LLC
Allegations that defendant paid invoices to judgment debtor before they were do and with knowledge of the judgment were sufficient to support a claim for common law fraudulent transfer. |
Commercial Law |
|
A. Collins | Feb. 12, 2025 |
|
G062909
|
Plantations at Haywood 1, LLC v. Plantations at Haywood, LLC
Sanctions were proper against counsel who filed a frivolous opposition to motion to confirm an arbitration award, and counsel's meritless appeal warranted further sanctions. |
Arbitration, Attorneys |
|
T. Goethals | Feb. 12, 2025 |
|
23-3052
|
K.J. v. Jackson
School officials who failed to give a student the opportunity to explain himself following a new charge in connection with a previous incident were not eligible for qualified immunity. |
Qualified Immunity, Constitutional Law |
|
R. Paez | Feb. 12, 2025 |
|
D082662
|
People v. Gonzalez
An unauthorized sentence that was able to be corrected did not warrant a resentencing. |
Criminal Law and Procedure |
|
R. Huffman | Feb. 11, 2025 |
|
E082657
|
People v. Martinez
No violation of criminal defendant's state right to a speedy trial where his claims of prejudice were conclusory and speculative rather than supported by particular facts. |
Criminal Law and Procedure |
|
A. McKinster | Feb. 11, 2025 |
|
20-16419
|
Pirani v. Slack Technologies, Inc.
Sections 11 and 12 of the Securities Act require plaintiffs to show that the securities they purchased were registered under a materially misleading registration statement and prospectus, respectively. |
Securities |
|
E. Miller | Feb. 11, 2025 |
|
23-2288
|
U.S. v. Thompson
Defendant's previous child molestation conviction triggered a 10-year increase to his mandatory minimum sentence for a subsequent child pornography conviction. |
Criminal Law and Procedure |
|
L. VanDyke | Feb. 11, 2025 |
|
23-55607
|
Greer v. County of San Diego
Reports on meetings of review board that included legal counsel for purposes of assessing liability for past events and preventing exposure due to future events were shielded by attorney-client privilege. |
Attorneys |
|
S. Graber | Feb. 11, 2025 |
|
23-35365
|
Olson v. County of Grant
Officer's warrantless review of plaintiff's cell phone, which contained nude photos of plaintiff, was a Fourth Amendment violation because he had neither a warrant nor suspicion of criminal activity. |
Constitutional Law, Qualified Immunity |
|
M. McKeown | Feb. 11, 2025 |
|
23-4240
|
Perez-Perez v. Bondi
There was no basis to remove petitioners whose full names were missing from an asylum petition but whose "A" numbers were provided. |
Immigration |
|
G. Sanchez | Feb. 11, 2025 |
|
E084222
|
People v. Superior Court (Valdez)
Since resentencing petitioner was eligible for youthful offender parole, his initial resentence was not equivalent to life without parole, so he was ineligible for successive Penal Code Section 1170 relief. |
Criminal Law and Procedure |
|
F. Menetrez | Feb. 11, 2025 |
|
B322148
|
I.C. v. Compton Unified School District
Substantial evidence supported defense verdict on school district's liability after plaintiff suffered an injury as a result of a teacher's attempt to break up a fight. |
Torts |
|
E. Grimes | Feb. 10, 2025 |
|
D082561
|
Hay v. Marinkovich
Although prevailing defendants in civil actions under Penal Code Section 502 may be awarded their reasonable attorney's fees, they may not recover where the plaintiff's claim was not frivolous. |
Torts |
|
M. Buchanan | Feb. 10, 2025 |
|
G062788
|
Elmi v. Related Management Co., L.P.
Code of Civil Procedure Section 998 limits only prejudgment costs and fees--not costs and fees incurred to enforce a judgment. |
Civil Procedure |
|
T. Goethals | Feb. 10, 2025 |
|
B325859
|
Gharibian v. Wawanesa General Insurance Company
Debris from a nearby wildfire falling onto an insured property did not constitute physical loss. |
Insurance, Contracts |
|
J. Ashmann-Gerst | Feb. 10, 2025 |
|
H052893
|
Stubblefield v. Superior Court (People)
Following a reversed and vacated conviction, a petitioner was entitled to file a motion for release prior to the remittur being issued. |
Criminal Law and Procedure |
|
M. Greenwood | Feb. 7, 2025 |
|
F087868
|
People v. Chatman
In disagreement with *Hodge*, a trial court's denial of a defendant's request for relief pursuant to Section 1172.1 is an appealable order. |
Criminal Law and Procedure |
|
R. Peña | Feb. 6, 2025 |
|
H051619
|
Vo v. Technology Credit Union
Arbitration agreement was not unconscionable where it sufficiently provided for the possibility of third-party discovery. |
Arbitration, Employment Law |
|
M. Greenwood | Feb. 6, 2025 |
|
G064319
|
Modification: People v. Townes
A threat of divine retribution to an indoctrinated victim was sufficient to support a finding of duress required for a forcible rape conviction. |
Criminal Law and Procedure |
|
M. Sanchez | Feb. 6, 2025 |
|
F087787
|
People v. Rosemond
An appeal pursuant to Penal Code Section 1172.1 was found to lack any arguable issues, and following a defendant's failure to raise any such issues, deemed abandoned. |
Criminal Law and Procedure |
|
R. Peña | Feb. 6, 2025 |
|
A170650
|
Casey v. Superior Court (D.R. Horton Inc.)
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act preempts attempts under state law to compel arbitration of sexual harassment cases, and parties cannot contract around the law with a choice-of-law provision. |
Arbitration, Employment Law |
|
J. Humes | Feb. 5, 2025 |
|
F085028
|
Wash v. Banda-Wash
Because a remittitur is not served on parties, defendant's motion for her attorney fees and costs was ineligible for statutory extension for service and the request deemed untimely. |
Civil Procedure |
|
M. Smith | Feb. 5, 2025 |
|
G064490
|
Sanchez v. Superior Court (Consumer Defense Legal Group)
Arbitration agreement was unconscionable and therefore unenforceable because it involved oppressive terms; prohibitively high fees; and a language plaintiff did not speak. |
Arbitration |
|
T. Delaney | Feb. 5, 2025 |
|
G064319
|
People v. Townes
A threat of divine retribution to an indoctrinated victim was sufficient to support a finding of duress required for a forcible rape conviction. |
Criminal Law and Procedure |
|
M. Sanchez | Feb. 5, 2025 |
|
B331474
|
People v. Ellis
Defendant's kidnapping conviction for pulling the victim from the sidewalk to the middle of the street required reversal because the asportation element was unmet. |
Criminal Law and Procedure |
|
V. Viramontes | Feb. 5, 2025 |
|
22-55908
|
Health Freedom Defense Fund, Inc. v. Carvalho
Order |
|
Feb. 5, 2025 | ||
|
B331450
|
Hardy v. Forest River, Inc.
Forum selection clause that waived unwaivable rights under Song-Beverly Act was unconscionable and unenforceable, and the clause could neither be rewritten nor properly severed to save the agreement. |
Consumer Law, Civil Procedure |
|
A. Richardson | Feb. 4, 2025 |
|
G063411
|
D.G. v. Orange County Social Services Agency
Trial court improperly granted summary judgment for Social Services Agency, concluding erroneously that foster child's abuse was not foreseeable. |
Torts |
|
E. Moore | Feb. 4, 2025 |
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