| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
D074429
|
People v. Ramos
Opinion |
|
Apr. 13, 2023 | ||
|
G060988
|
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 | Apr. 13, 2023 |
|
F083805
|
In re Damian L.
Juvenile court could continue hearings beyond time limits within which they were required to be held but could not ignore statutory time limits on the provision of family reunification services. |
Dependency |
|
C. Poochigian | Apr. 13, 2023 |
|
E079346
|
In re T.A.
Transfer of minor from juvenile court back to court of criminal jurisdiction was proper where it was not plausible that the juvenile court's decision would have been any different had it applied the newly applicable standard of proof. |
Juveniles |
|
M. Raphael | Apr. 13, 2023 |
|
E080073
|
In re Robert F.
Under the Indian Child Welfare Act, duty to ask extended family members about child's possible Native American ancestry was not applicable because minor was placed in protective rather than temporary custody. |
Dependency |
|
F. Menetrez | Apr. 13, 2023 |
|
D080921
|
Boydston v. Padilla
California's 2016 semi-closed presidential primary system survived a constitutional challenge because it minimally burdened unaffiliated voter and furthered the state's interest in orderly voting. |
Constitutional Law |
|
M. Buchanan | Apr. 13, 2023 |
|
A163655
|
Modification: Castellanos v. State of California (Protect App-Based Drivers and Services)
Provisions defining what constituted an amendment to an initiative statute were unconstitutional as they intruded on both the Legislature's power as well as the Judiciary's authority to interpret the law. |
Constitutional Law |
|
T. Brown | Apr. 13, 2023 |
|
22-15501
|
York County v. HP Inc.
Stockholders' securities fraud violation complaint was not barred by statute of limitations when the SEC order that lead to the discovery of the gravamen of the complaint occurred within the two-year timeframe. |
Securities |
|
J. Bybee | Apr. 12, 2023 |
|
C090463
|
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 | Apr. 11, 2023 |
|
G060963
|
People v. Thai
Requiring continued registration as a sex offender was an abuse of discretion where the prosecution presented no evidence that petitioner was currently a risk to the community. |
Criminal Law and Procedure |
|
K. O'Leary | Apr. 12, 2023 |
|
C071785
|
County of Butte v. Dept. of Water Resources
California's environmental impact report for licensed hydropower facilities was sufficient because whether climate change necessitated project operation changes was too uncertain to evaluate. |
Environmental Law |
|
S. Boulware Eurie | Apr. 11, 2023 |
|
B312862
|
Olympic and Georgia Partners, LLC v. County of Los Angeles
County incorrectly assessed taxpayer's hotel because a subsidy from the city was an intangible asset that should have been deduced from the income assessment. |
Tax |
|
J. Wiley | Apr. 11, 2023 |
|
21-10184
|
U.S. v. Ramos
District court judge did not need to specifically address defendant's evidentiary objections when it adopted, in full, the magistrate judge's reports and recommendations. |
Criminal Law and Procedure |
|
J. Owens | Apr. 11, 2023 |
|
22-35047
|
The Oregon Clinic v. Fireman's Fund Insurance Company
Order |
|
Apr. 11, 2023 | ||
|
B316374
|
Hacala v. Bird Rides, Inc.
Bird scooters owed a general duty of care to mother who tripped on the wheel of its scooter because an entity must use ordinary care in the management of its property. |
Torts |
|
A. Egerton | Apr. 11, 2023 |
|
G061040
|
Coast Restaurant Group, Inc. v. AmGUARD Insurance Company
Although government shutdown order due to COVID-19 caused direct physical loss of property, the loss was excluded from policy's coverage under other exclusions. |
Insurance |
|
T. Delaney | Apr. 11, 2023 |
|
21-56286
|
Silk v. Bond
In a suit against an estate arising out of claims for breach of contract, federal jurisdiction was not barred by the probate exception. |
Civil Procedure |
|
M. Bennett | Apr. 11, 2023 |
|
21-55149
|
Porter v. Martinez
Although restriction on using vehicle's horn was a restriction on speech, it was narrowly tailored to further government's interest in traffic safety. |
Constitutional Law |
|
M. Friedland | Apr. 10, 2023 |
|
22A800
|
West Virginia v. B. P. J.
Order |
|
Apr. 10, 2023 | ||
|
E079368
|
People v. Carr
Defendant's motion to vacate his drunk driving murder conviction under changes to the felony murder rule was denied where his conviction was proof that he appreciated the risk of driving drunk. |
Criminal Law and Procedure |
|
M. Ramirez | Apr. 10, 2023 |
|
F082914
|
Martinez v. City of Clovis
Under the Housing Element Law, city compliance to affirmatively further fair housing requirements was mandatory and required affirmative action to meet statutory obligations. |
Government |
|
T. DeSantos | Apr. 10, 2023 |
|
D080914
|
Nickson v. Shemran, Inc.
Order denying employer's motion to compel arbitration was incorrect because employee's individual Private Attorneys General Act claims could be arbitrated, while his nonindividual PAGA claims could not. |
Arbitration |
|
W. Dato | Apr. 10, 2023 |
|
D079712
|
People v. Didyavong
Penal Code Section 1172.6--resentencing based on felony murder rule changes--does not have a mechanism to reduce a conviction from first degree murder to second degree murder. |
Criminal Law and Procedure |
|
R. Huffman | Apr. 10, 2023 |
|
H050870
|
Nijmeddin v. Superior Court (People)
Trial court erred in denying plaintiff's compassionate release since he did not pose an unreasonable risk of danger to the public as a wheelchair-bound 65-year-old with pancreatic cancer. |
Criminal Law and Procedure |
|
A. Danner | Apr. 7, 2023 |
|
D080950
|
Modification: Gropen v. Superior Court (Shabrang)
PTSD-afflicted plaintiff's request for the presence of his wife, who was also a witness, at his deposition was deemed timely as the request was made five days before deposition's occurrence |
Disability Discrimination |
|
R. Huffman | Apr. 7, 2023 |
|
S271809
|
Michael G. v. Superior Court (Orange County Social Services Agency)
Juvenile court was not required to grant extension of reunification services even though services provided to a father by the Social Services Agency during an 18-month extension were not reasonable. |
Dependency |
|
L. Kruger | Apr. 7, 2023 |
|
S265798
|
In re Ferrell
Reasonable jury could have found in favor of the defendant had it not been given erroneous jury instruction regarding legally invalid theory of murder. |
Criminal Law and Procedure |
|
M. Jenkins | Apr. 7, 2023 |
|
C096266
|
Modification: People v. Shkrabak
Schizophrenic defendant's motion to dismiss his prior conviction for brandishing a knife on his father was denied because dismissal would endanger public safety. |
Criminal Law and Procedure |
|
E. Duarte | Apr. 6, 2023 |
|
B312261
|
Ford Motor Warranty Cases
Court dismissed car manufacturer's equitable estoppel and agency principle arguments that as nonsignatory third-party, it could enforce dealers' arbitration agreement on consumers' breach of warranty claims. |
Arbitration |
|
E. Grimes | Apr. 6, 2023 |
|
A163558
|
People v. Jones
The trial court lost jurisdiction over the jurors when it erroneously told them they were excused from jury duty, rendering their later verdict a nullity. |
Criminal Law and Procedure |
|
M. Langhorne Wilson | Apr. 6, 2023 |
