| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
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 |
|
23-15049
|
Sweet v. Everglades College Inc.
A settlement agreement listing universities for whom student borrowers were entitled to presumptive relief based on strong indicia of misconduct caused reputational damage and was sufficient for Article III standing. |
Civil Procedure |
|
J. Sung | Nov. 6, 2024 |
|
23-15179
|
State of Nebraska v. Su
Executive order instructing agencies to carry out mandate requiring federal contractors to pay a certain minimum wage was not authorized by operative provisions of Federal Property and Administrative Services Act. |
Administrative Agencies |
|
R. Nelson | Nov. 6, 2024 |
|
D082923
|
Haidet v. Del Mar Woods Homeowners Assn.
No continued right to voluntary dismissal without prejudice after amending complaint to omit a defendant; instead, the trial court has discretion to dismiss with prejudice upon motion by either party. |
Civil Procedure |
|
R. Huffman | Nov. 6, 2024 |
|
B333189
|
Banuelos v. Superior Court (Azusa Police Dept.)
Because amendment to Penal Code Section 832.7 allows access to law enforcement records relating to findings of officer's dishonesty, protective order was unnecessary. |
Criminal Law and Procedure |
|
V. Viramontes | Nov. 6, 2024 |
|
23-167
|
Hamm v. Smith
Death row inmate's vacated death sentence required reassessment when it was unclear how his intellectual ability score was evaluated. |
Criminal Law and Procedure |
|
P. Curiam (USSC) | Nov. 5, 2024 |
|
24A408
|
Republican National Committee v. Genser
Order |
|
Nov. 5, 2024 | ||
|
23-3162
|
Nerio Mejia v. O'Malley
Claimant who established eligibility for fee award under Equal Access to Justice Act was entitled to recover reasonable fee for work on related issues the district court declined to reach. |
Civil Procedure |
|
D. Collins | Nov. 5, 2024 |
|
B319121
|
West Adams Heritage Assn. v. City of Los Angeles
Noise concerns of a housing project near university did not constitute a significant environmental effect impeding the application of a Class 32 California Environmental Quality Act exemption. |
Environmental Law |
|
H. Bendix | Nov. 4, 2024 |
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