Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
23-55714
|
Loffman v. California Dept. of Education
The Individuals with Disabilities Education Act violated the Free Exercise Clause of the Constitution by limiting access to benefits to those who attended nonsectarian educational institutions. |
Constitutional Law, Education |
|
K. Wardlaw | Oct. 29, 2024 |
S280752
|
North American Title Company v. Superior Court (Cortina)
Statement of disqualification alleging judicial bias must be presented at the earliest practicable opportunity after discovery of facts constituting grounds, and failure to do so is forfeiture of the right. |
Judges, Civil Procedure |
|
P. Guerrero | Oct. 29, 2024 |
B332714
|
Reich v. Reich
Because IRAs are nonprobate transfers, decedent's widow was not entitled to omitted spouse's share of decedent's IRA whose beneficiaries were separate trusts created by the decedent's testamentary trust. |
Trust and Estates |
|
B. Hoffstadt | Oct. 28, 2024 |
B322044
|
Richard v. Union Pacific Railroad Co.
Exclusion of expert testimony was error where the witness had experience and knowledge operating trains on tracks where accident occurred that could have assisted the jury in making its determination. |
Evidence |
|
N. Bershon | Oct. 28, 2024 |
23-3718
|
U.S. v. Shih
The higher base offense level for a violation of the International Emergency Economic Powers Act was appropriate to use in sentencing an individual who exported monolithic microwave integrated circuits for a Chinese military weapons developer. |
Criminal Law and Procedure, International Law |
|
A. Hurwitz | Oct. 28, 2024 |
A165677
|
People ex rel. Bonta v. County of Lake
Environmental impact report insufficiently disclosed information regarding increased wildfire risks, as required by the California Environmental Quality Act. |
Environmental Law |
|
C. Hite | Oct. 25, 2024 |
A166139
|
People v. Royal
Arson's malice requirement was met where defendant caused a fire while manufacturing a controlled substance. |
Criminal Law and Procedure |
|
M. Miller | Oct. 25, 2024 |
C100920
|
Price v. Superior Court (People)
Petitioner who previously had been found suitable for conditional release under Sexually Violent Predator Act was entitled to appointment of experts to assist him when his suitability faced reconsideration. |
Criminal Law and Procedure |
|
L. Earl | Oct. 25, 2024 |
B330062
|
People v. Ocobachi
Grand jury transcripts were not admissible in a resentencing hearing where defendant did not participate in the grand jury proceedings. |
Criminal Law and Procedure |
|
V. Chavez | Oct. 25, 2024 |
A167908
|
Bath v. State of California
State employees' contract claim against the State survived demurrer because right to receive compensation for completed work ripened into Constitutionally-protected contractual rights. |
Government, Employment Law |
|
M. Miller | Oct. 25, 2024 |
A168296
|
Modification: Wentworth v. Regents of the University of California
Trial court erred in granting summary adjudication to U.C. Berkeley assistant professor's invasion of privacy claim. |
Employment Law |
|
T. Brown | Oct. 25, 2024 |
23-3449
|
CPC Patent Technologies PTY Ltd. v. Apple
District court's order permitting discovery for use in a foreign proceeding was not final and could not be appealed because the order's scope remained undetermined. |
Civil Procedure, Patent Law |
|
D. Bress | Oct. 25, 2024 |
B331779
|
Santa Clarita Organization for Planning v. County of Los Angeles
Despite involving California Environmental Quality Act violations, environmental groups' claim questioning County's approval of project's tentative tract map fell within the Subdivision Map Act's requirement for serving summons. |
Environmental Law, Real Property |
|
G. Feuer | Oct. 24, 2024 |
23-576
|
Corpeno-Romero v. Garland
Board of Immigration Appeals erred by failing to consider the existence and impact of gang's specific and credible threats towards asylum seekers. |
Immigration |
|
G. Sanchez | Oct. 24, 2024 |
22-55988
|
Al Otro Lado v. Mayorkas
Noncitizens refused processing under border "metering" policy after presenting themselves at ports of entry were entitled to relief because border officials withheld a mandatory duty to inspect them for admissibility. |
Immigration |
|
M. Friedland | Oct. 24, 2024 |
23-35107
|
Committee to Recall Dan Holladay v. Wiley
Order |
|
Oct. 24, 2024 | ||
23-16060
|
Lerner & Rowe PC v. Brown Engstrand & Shely LLC
Plaintiff's trademark infringement claim was precluded by its failure to support that defendant's use of plaintiff's registered name as a Google Ads keyword caused more than de minimis confusion. |
Intellectual Property |
|
A. De Alba | Oct. 23, 2024 |
23-1495
|
U.S. v. Le
Defendant was not entitled to a reduced sentence under U.S. Sentencing Guideline Section 2X1.1(b)(2), because the robbery conspiracy's failure was due to circumstances beyond the conspirators' control. |
Criminal Law and Procedure |
|
D. Bress | Oct. 23, 2024 |
D082751
|
A.D. Improvements v. Dept. of Transportation
The Streets and Highways Code requiring Caltrans to sell an excess property to its lessor necessitated only that the property be commercial at the time it was deemed excess. |
Real Property |
|
J. Castillo | Oct. 23, 2024 |
D081262
|
People ex rel. Elliott v. Kaiser Foundation Health Plan
Trial court inappropriately exercised judicial discretion over a claim against an insurance provider with a clear statutory violation. |
Insurance |
|
M. Buchanan | Oct. 23, 2024 |
20-17316
|
Kohn v. State Bar of California
Courts must analyze on a claim-by-claim basis whether Title II of the Americans with Disabilities Act validly abrogates state sovereign immunity as to the specific conduct at issue. |
Constitutional Law, Attorneys |
|
K. Wardlaw | Oct. 22, 2024 |
B331710
|
People v. Alazar
Defendant's record of conviction did not conclusively establish Penal Code Section 1172.6 ineligibility where defendant's plea did not admit the truth of any alleged facts. |
Criminal Law and Procedure |
|
H. Baltodano | Oct. 22, 2024 |
F085652
|
Pompey v. Bank of Stockton
The "rescission-and-restitution" remedy of the Automobile Sales Finance Act is a penalty and therefore ubject to a one-year statute of limitations. |
Remedies |
|
K. Meehan | Oct. 22, 2024 |
H051205
|
People v. Nuno
The *Brady* duty to disclose material exculpatory evidence applies to discovery motions in a Section 1172.6 resentencing hearing. |
Criminal Law and Procedure |
|
A. Danner | Oct. 21, 2024 |
24A349
|
Roberson v. Texas
Order |
|
Oct. 21, 2024 | ||
A167695
|
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 | Oct. 21, 2024 |
24A95
|
West Virginia v. EPA
Order |
|
Oct. 18, 2024 | ||
24-4455
|
In re: Thomas Eugene Creech
Judge should have recused herself due to her relationship with the prosecutor involved in an inmate's allegations of prosecutorial misconduct, as it created the appearance of injustice. |
Judges |
|
J. Bybee | Oct. 18, 2024 |
21-16663
|
Rose Court, LLC v. Select Portfolio Servicing, Inc.
Bankruptcy court properly denied motion to amend under "two-dismissal rule" where plaintiff had previously asserted and voluntarily dismissed proposed claims in previous civil actions. |
Civil Procedure, Bankruptcy |
|
D. Forrest | Oct. 18, 2024 |
21-304
|
Montejo-Gonzalez v. Garland
Two major car accidents delaying Petitioner, who would have otherwise timely attended her immigration hearing, constituted "exceptional circumstances" meriting a reopening of her case. |
Immigration |
|
R. Desai | Oct. 18, 2024 |