| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
21-36052
|
Roberts v. Springfield Utility Board
Public employer did not violate employee's First Amendment rights by barring discussion of a workplace investigation with other employees because the restriction did not limit his ability to speak about matters of public concern. |
Civil Rights |
|
M. Smith | May 15, 2023 |
|
B316606
|
Razoumovitch v. 726 Hudson Ave.
Apartment owners failed to show that tenant's attempt to enter locked apartment by climbing onto his apartment balcony was so unforeseeable that it negated their general duty of safety maintenance. |
Torts |
|
J. Segal | May 15, 2023 |
|
B313414
|
Quinn v. LPL Financial LLC
Statutory exemption from the ABC test for financial representatives for securities dealers had a rational basis because professionals were less likely to be exploited by misclassification. |
Employment Law |
|
J. Wiley | May 12, 2023 |
|
B313105
|
Nirschl v. Schiller
Hirer's statements about a nanny to her agency about her termination were not protected statements made in anticipation of litigation because the threat of litigation was merely theoretical. |
Anti-SLAPP |
|
R. Fruin | May 12, 2023 |
|
C094237
|
City of Chula Vista v. Stephenshaw
Reimbursement agreement between former redevelopment agency and sponsor city was enforceable obligation of the agency despite the apparently contingent nature of the agency's repayment obligation. |
Government |
|
P. Krause | May 12, 2023 |
|
21-1170
|
Ciminelli v. U.S.
Because the right to valuable economic information needed to make discretionary economic decisions is not a traditional property interest, the right-to-control theory cannot form the basis for a conviction under federal wire fraud statutes. |
Criminal Law and Procedure |
|
C. Thomas | May 12, 2023 |
|
21-1158
|
Percoco v. U.S.
A private citizen could be convicted of honest-services fraud, but the jury instruction on honest-services fraud was too broad because it could criminalize private citizens properly influencing government decisions. |
Government |
|
S. Alito | May 12, 2023 |
|
22-96
|
Financial Oversight and Management Bd. for Puerto Rico v. Centro De Periodismo Investigativo, Inc.
Insofar as the Financial Oversight and Management Board for Puerto Rico enjoys sovereign immunity, that immunity was not abrogated by the statutory provisions of PROMESA. |
Immunity |
|
E. Kagan | May 12, 2023 |
|
21-468
|
National Pork Producers Council v. Ross
Proposition 12, requiring certain pig confinement standards for pork sold in California, did not run afoul of the "dormant" Commerce Clause. |
Constitutional Law |
|
N. Gorsuch | May 12, 2023 |
|
21-1436
|
Santos-Zacaria v. Garland
The exhaustion requirement for a noncitizen seeking review of a removal order is not jurisdictional. |
Immigration |
|
K. Jackson | May 12, 2023 |
|
H049555
|
Preservation Action Council of San Jose v. City of San Jose
San Jose's environmental impact report for high-rise office tower project in downtown plaza was sufficient because its proposed mitigation measures to protect historical bank were feasible. |
Environmental Law |
|
A. Danner | May 12, 2023 |
|
A163562
|
TruConnect Communications v. Maximus
Prohibition against trial court actions that would interfere with Public Utility Commission's ongoing regulatory duties did not apply to lawsuit couched in tort law against companies hired by the Commission. |
Utilities |
|
J. Humes | May 12, 2023 |
|
21-56037
|
Federal Trade Commission v. Hewitt
District court did not err in denying defendant-appellant's Rule 60(b) motion for relief from a previous equitable monetary judgment. |
Civil Procedure |
|
D. O'Scannlain | May 12, 2023 |
|
21-56031
|
Hollins v. Walmart, Inc.
Because consumer's state mislabeling claims against Walmart's dietary supplement were inconsistent with federal labeling requirements, consumer's claims were preempted. |
Consumer Law |
|
S. Ikuta | May 12, 2023 |
|
A165126
|
People v. Hiller
Because defendant's prior Washington robbery conviction lacked element required for California robbery conviction, trial court erred in counting priors to apply Three Strikes law and enhancements. |
Criminal Law and Procedure |
|
A. Tucher | May 11, 2023 |
|
21-56358
|
Kimball-Griffith, L.P. v. Burman
Failure to allege a property interest in easement over an access road was fatal to plaintiff's claims under the Takings Clause. |
Eminent Domain |
|
M. Smith | May 11, 2023 |
|
A165081
|
Young v. RemX Specialty Staffing
Employee's firing from her temporary assignment at a bank did not constitute a "discharge" under the Labor Code because her employment relationship with the staffing agency had not ended. |
Employment Law |
|
M. Simons | May 11, 2023 |
|
B312937
|
Collins v. Waters
Congresswoman's anti-SLAPP motion was granted in error because plaintiff had made a preliminary evidentiary showing that he could prevail in his underlying defamation suit. |
Anti-SLAPP |
|
J. Wiley | May 11, 2023 |
|
E077664
|
Conservatorship of Tedesco
Probate court's order striking petition to vacate conservatorship was proper, given conservetee's lack of capacity and attempts by petitioner (conservetee's second wife) to influence changes to his estate in her favor. |
probate_and_trusts |
|
A. McKinster | May 10, 2023 |
|
D080241
|
People v. Sherman
Legislative changes to Penal Code Section 1170.91 denied resentencing to registered sex-offender defendant because the changes categorically disqualified his pending action. |
Criminal Law and Procedure |
|
M. Buchanan | May 10, 2023 |
|
A161477
|
Modification: Gola v. University of San Francisco
Newly enacted Labor Code statute that classified university instructors as professional employees did not apply retroactively to University of San Francisco's prior violations. |
Employment Law |
|
C. Aken | May 10, 2023 |
|
C090463
|
Modification: Madrigal v. Hyundai Motor America
Section 998 Offer to Compromise's mandatory cost-shifting provision applies when the parties enter into a settlement agreement because a less favorable "judgment" includes a dismissal with prejudice. |
Civil Procedure |
|
P. Krause | May 10, 2023 |
|
A164405
|
Moses v. Roger-McKeever
Condo owner had no duty to protect invitee from hazard in the building's common walkway, over which owner had no control. |
Torts |
|
V. Swope | May 9, 2023 |
|
B317353
|
Los Angeles Unified School Dist. v. Office of Administrative Hearings
An order on a motion for immediate reversal of suspension against a teacher is not reviewable by a court because the Education Code forbids interlocutory judicial review. |
Administrative Agencies |
|
M. Stratton | May 9, 2023 |
|
G060988
|
Modification: Thompson v. Spitzer
Dismissal of residents' challenge to Orange County DNA collection program was reversed because participants were not informed of how their DNA samples could be used before waiving their privacy rights. |
Constitutional Law |
|
E. Moore | May 9, 2023 |
|
B311945
|
Childhelp, Inc. v. City of Los Angeles
Because City was required to strictly follow its charter requirements to convey city property to a nonprofit, promissory estoppel was an unavailable remedy for a promise to give the land to the nonprofit. |
Government |
|
J. Segal | May 9, 2023 |
|
E076654
|
65283 Two Bunch Palms Building LLC v. Coastal Harvest II, LLC
Evidence of parties' intentions that oral lease for property where cannabis was cultivated be month to month overcame presumption of one year term for oral leases of agricultural land. |
Real Property |
|
A. McKinster | May 9, 2023 |
|
E078696
|
In re C.P.
Because grandparents were approved as a resource family for their grandchild, no further adoption home study approval was necessary for juvenile court to allow grandparents' adoption of grandchild. |
Dependency |
|
M. Raphael | May 9, 2023 |
|
A164148
|
Estate of Kempton
Probate court had discretion to approve fee payment directly to a third party who was legally entitled to money owed on a judgment lien against estate administrator. |
Attorneys |
|
J. Streeter | May 9, 2023 |
|
20-35745
|
Wilkins v. U.S.
Order |
|
May 9, 2023 |
