| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
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 |
|
S277510
|
California Capital Insurance Co. v. Hoehn
California Supreme Court invalidated the judicially created two-year limit to bring CCP Section 473(d) motions to set aside judgments not void on their face. |
Civil Procedure |
|
M. Jenkins | Nov. 19, 2024 |
|
B326446
|
Modification: Gooden v. County of Los Angeles
Where County's amendment to proposed land use plan did not alter the plan's main features, California Environmental Quality Act was not violated. |
Environmental Law, Municipal Law |
|
B. Hoffstadt | Nov. 18, 2024 |
|
B327404
|
The Comedy Store v. Moss Adams LLP
Trial court erred in enforcing agreement's forum selection clause when it assigned the burden of proof to the non-moving party. |
Civil Procedure, Contracts |
|
A. Mori | Nov. 18, 2024 |
|
22-10286
|
U.S. v. Porter
Admission of propensity evidence does not violate Fifth Amendment due process principles where courts evaluate whether the probative value outweighs the potential for prejudice under Rule of Evidence 403. |
Evidence, Criminal Law and Procedure |
|
D. Bress | Nov. 18, 2024 |
|
G062674
|
People v. Experian Data Corp.
The discovery rule may apply to delay the accrual of non-fraud civil enforcement actions by the City Attorney pursuant to the unfair competition law. |
Civil Procedure |
|
T. Delaney | Nov. 18, 2024 |
|
B330725
|
Godoy v. Linzner
A restraint on a beneficiary's ability to sell property to anyone but the other beneficiaries and only for well below market value was unreasonable. |
Trust and Estates |
|
N. Stone | Nov. 15, 2024 |
|
B325599
|
LCPFV LLC v. Somatdary Inc.
Trial court properly refused to award excessive fees and damages during default judgment process to plaintiff that ramped up legal activity after notice defendant would not participate in proceedings. |
Civil Procedure, Remedies |
|
J. Wiley | Nov. 15, 2024 |
|
B327940
|
Wawrzenski v. United Airlines
Trial court erred in granting summary judgment on female employee's gender discrimination claim when it rejected comparator evidence of male usage of social media accounts. |
Employment Discrimination |
|
J. Segal | Nov. 14, 2024 |
|
G064034
|
Young v. Hartford
Trial court's Probate Code Section 15642(e) order suspending defendants trustee's and trust protector's powers was a provisional remedy, thus not final and appealable. |
Trust and Estates |
|
T. Delaney | Nov. 14, 2024 |
|
F086904
|
LVNV Funding v. Rodriguez
Because the Fair Debt Collection Practices Act allows consumers wrongly sued over a debt to pursue a claim, debt collector's anti-SLAPP motion against mistakenly-identified consumer was improperly granted. |
Consumer Law, Anti-SLAPP |
|
M. Snauffer | Nov. 14, 2024 |
|
A167695
|
Modification: Hamlin v. Jendayi
Despite not being trustees or trust beneficiaries, probate court did not err in granting intestate heirs standing to contest trust provisions under Probate Code Section 17200. |
Trust and Estates |
|
C. Fujisaki | Nov. 14, 2024 |
|
22-10266
|
U.S. v. Holmes
Office good-faith exception did not apply to warrantless viewing of hash-value-matched child pornography images. |
Criminal Law and Procedure |
|
D. Forrest | Nov. 14, 2024 |
|
23-114
|
Aleman-Belloso v. Garland
Mischaracterization of claimed social group and failure to analyze government's role in alleged past persecution required remand to determine whether petitioner was eligible for asylum. |
Immigration |
|
S. Mendoza | Nov. 14, 2024 |
|
H051362
|
In re Baby Girl R.
Juvenile courts are not mandated to deny reunification following a finding that the whereabouts of the parent are unknown. |
Family Law |
|
M. Greenwood | Nov. 13, 2024 |
|
B325261
|
Rodriguez v. Lawrence Equipment, Inc.
Because of issue preclusion, former employee lacked standing to continue his Private Attorneys General Act (PAGA) claim after he failed to prove his wage-and-hour Labor Code claims in arbitration. |
Employment Law |
|
N. Bershon | Nov. 12, 2024 |
|
23-15124
|
Grand Canyon University v. Cardona
University's non-profit status was subject to the requirements of the Higher Education Act, not the Internal Revenue Code's 501(c)(3) requirements. |
Administrative Agencies, Tax |
|
D. Collins | Nov. 11, 2024 |
|
E083015
|
Sanchez v. Superior Court (People)
Trial court did not abuse its discretion when it ordered public defender replaced--against defendant's wishes--to eliminate conflict between counsel's obligations and defendant's rights under the Racial Justice Act. |
Attorneys, Criminal Law and Procedure |
|
R. Fields | Nov. 11, 2024 |
|
G064119
|
Robles v. City of Ontario
Plaintiffs had right to seek additional attorney fees incurred while seeking enforcement of stipulated judgment because the plain language of their agreement so provided. |
Civil Procedure, Contracts |
|
E. Moore | Nov. 8, 2024 |
|
D082749
|
Petree v. Public Employees' Retirement System
After City contracted with County for policing services, former officers were not entitled to County pension increase for years as City officers. |
Government |
|
W. Dato | Nov. 8, 2024 |
|
B330337
|
Ortiz v. Elmcrest Care Center, LLC
An interim arbitration award was not final because the arbitrator expressly reserved the right to make a final determination. |
Arbitration |
|
A. Egerton | Nov. 8, 2024 |
|
B321833
|
Marriage of Diamond
Spouse seeking to set aside judgment due to mental deficit failed to provide evidence of mental incapacity. |
Family Law |
|
G. Feuer | Nov. 7, 2024 |
|
C098705
|
Maksimow v. City of South Lake Tahoe
The City of South Lake Tahoe did not have notice of the dangerous icy condition of a parking lot and therefore could not be found liable for plaintiff's injuries. |
Torts |
|
J. Renner | Nov. 6, 2024 |
|
H050872
|
Mountain View Police Dept. v. Krepchin
Penal Code Section 18175's gun violence protective order does not violate the Second Amendment. |
Criminal Law and Procedure |
|
C. Wilson | Nov. 6, 2024 |
|
23-1175
|
U.S. v. Pham
Defendant's admission in plea agreement to "knowingly and intentionally" distributing narcotic pills and issuing prescriptions without a legitimate purpose provided requisite mens rea for conviction under the Controlled Substances Act. |
Criminal Law and Procedure |
|
M. Schroeder | Nov. 6, 2024 |
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