| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
22A463
|
Johnson v. Missouri
Order |
|
Dec. 2, 2022 | ||
|
A164394
|
Save Lafayette v. City of Lafayette
Multi-family housing development project application that was deemed completed in 2011 could be resumed and approved years later, despite the area being currently zoned for only single-family homes. |
Municipal Law |
|
A. Tucher | Dec. 2, 2022 |
|
20-15029
|
California Dept. of Toxic Substances Control v. Jim Dobbas Inc.
Insurer may intervene under Federal Rule of Civil Procedure 24(a)(2) in a tort action to defend an insured that is unable to defend itself regardless of its position on coverage. |
Civil Procedure |
|
M. Baker | Dec. 2, 2022 |
|
S263923
|
People v. Ware
Evidence to convict for conspiracy to commit murder was insufficient where the was a no evidence of a specific intent to agree to kill and to participate in killings. |
Criminal Law and Procedure |
|
L. Kruger | Dec. 2, 2022 |
|
21-16623
|
McKnight v. Hinojosa
Uber settlement, providing credit for class members, was flexible enough to not merit application of the Class Action Fairness Act's attorney fee restrictions. |
Civil Procedure |
|
S. Thomas | Dec. 1, 2022 |
|
B313378
|
In re G.Z.
Department of Children and Family Services failed to carry its burden to prove by a preponderance of the evidence that non-accidental trauma was the cause of a minor's subdural hematomas. |
Dependency |
|
M. Stratton | Dec. 1, 2022 |
|
B322736
|
Flickinger v. Finwall
Counsel's prelitigation letter did not qualify as extortion that was unprotectable under Civil Code Section 425.16 because it did not fall outside the bounds of professional norms. |
Anti-SLAPP |
|
E. Grimes | Dec. 1, 2022 |
|
H049710
|
People v. Braggs
Defendant was not entitled to, and trial court was not bound by, sentence recommended by Secretary of the Department of Corrections and Rehabilitation striking defendant's prior serious felony enhancement. |
Criminal Law and Procedure |
|
P. Bamattre-Manoukian | Dec. 1, 2022 |
|
B316314
|
People v. Bartholomew
Even though it resulted in dismissed allegations, the prosecution had no right to appeal trial court's pre-adjudication order reducing charges to a misdemeanor because the order did not modify a verdict. |
Criminal Law and Procedure |
|
S. Perren | Nov. 30, 2022 |
|
21-56337
|
Clark v. Weber
California Constitution's recall restrictions, disallowing voter from voting for possibly-recalled Governor Newsom, did not violate due process and equal protection rights. |
Constitutional Law |
|
P. Watford | Nov. 30, 2022 |
|
B314740
|
Blizzard Energy v. Schaefers
Defendant's cross-complaint in a Kansas action counted as one of the "five litigations" required for a vexatious litigant finding under Code of Civil Procedure Section 391(b)(1). |
Civil Procedure |
|
K. Yegan | Nov. 30, 2022 |
|
A163083
|
People v. Cannon
Defendants facing commitment under the Sexually Violent Predator Act are similarly situated to other involuntary committees for the purposes of right-to-jury-trial advisements. |
Constitutional Law |
|
T. Jackson | Nov. 30, 2022 |
|
S141080
|
People v. Camacho
While it was erroneous to order defendant convicted of first degree murder to submit to psychiatric evaluation, it was not reversible because his noncooperation was a minor part of the prosecution's case. |
Criminal Law and Procedure |
|
T. Cantil-Sakauye | Nov. 29, 2022 |
|
B313718
|
Pereda v. Atos Jiu Jitsu LLC
Jiu jitsu studio was not liable as ostensible agent for sparrer's injury when facts showed it did not exercise control over the independent jiu-jitsu studio it was affiliated with where the injury occurred. |
Torts |
|
B. Hoffstadt | Nov. 28, 2022 |
|
B315394
|
De Leon v. Juanita's Foods
Code of Civil Procedure Section 1281.98's 30-day fee payment deadline establishes a clear-cut rule for determining if a drafting party is in material breach of an arbitration agreement. |
Arbitration |
|
L. Edmon | Nov. 28, 2022 |
|
D079906
|
Let Them Choose v. San Diego Unified School Dist.
School district's requirement that students be vaccinated for COVID-19 to attend in-person classes and extracurricular activities was preempted by state law. |
Education |
|
W. Dato | Nov. 25, 2022 |
|
B312985
|
Patel v. Chavez
Superior court had jurisdiction to order forfeiture of undertaking posted as condition of appeal from Labor Commissioner's order to satisfy judgments despite lack of ongoing valid appeal by plaintiff-employers. |
Civil Procedure |
|
F. Rothschild | Nov. 25, 2022 |
|
B317201
|
Modification: G.I. Industries v. City of Thousand Oaks
Plaintiff was entitled to judicial declaration that CEQA-exemption determination was void where City failed to give proper 72-hour notice via inclusion as an item of business on posted meeting agenda. |
Government |
|
A. Gilbert | Nov. 25, 2022 |
|
D079265
|
Olson v. La Jolla Neurological Associates
Neurosurgeon and his professional corporation were not liable as "debt collectors" under the Rosenthal Fair Debt Collection Practices Act for hiring a third-party billing service to collect medical payments. |
Insurance |
|
M. Buchanan | Nov. 25, 2022 |
|
21-55456
|
Valiente v. Swift Transportation Co. of Arizona
Agency's preemption decision regarding meal and rest break rules for truck drivers barred lawsuits predicated on those rules that were commenced before the decision was made from proceeding. |
Civil Procedure |
|
H. Thomas | Nov. 25, 2022 |
|
A163474
|
People v. Zarazua
Prosecutor's failure to use defendant's preferred pronouns did not amount to reversable prosecutorial misconduct when the record showed that it was not prejudicial. |
Criminal Law and Procedure |
|
V. Rodriguez | Nov. 23, 2022 |
|
B314946
|
Brown v. Beach House Design & Development
General contractor who hired subcontractor to work on beach house could be liable for injuries to subcontractor's carpenter since they retained control over the scaffolding and actually exercised that control. |
Torts |
|
L. Edmon | Nov. 23, 2022 |
|
A162977
|
In re Kowalczyk
Bail provisions of Article 1, Section 28(f)(3) can be reconciled with those of Section 12, and both sections govern bail determinations in noncapital cases. |
Criminal Law and Procedure |
|
C. Fujisaki | Nov. 23, 2022 |
|
20-30193
|
U.S. v. Kirst
National Transportation Safety Board's investigation into a plane crash in Alaska was a "pending proceeding" for obstruction charge purposes since the agency had the power to subpoena and compel testimony. |
Criminal Law and Procedure |
|
W. Fletcher | Nov. 23, 2022 |
|
D079364M
|
Morgan v. Ygrene Energy Fund, Inc.
Plaintiffs were required to exhaust administrative remedies before suing companies affiliated with Property Assessed Clean Energy loans since the assessments were considered a tax that required a verified written application. |
Administrative Agencies |
|
W. Dato | Nov. 23, 2022 |
|
20-36122
|
Moore v. U.S.
Order |
|
Nov. 23, 2022 | ||
|
20-50157
|
U.S. v. Holiday
Order |
|
Nov. 23, 2022 | ||
|
G059429
|
Timothy W. v. Julie W.
Litigation privilege barred breach of oral contract claims in anti-SLAPP suit between divorcing couple. |
Anti-SLAPP |
|
E. Moore | Nov. 23, 2022 |
|
A164519
|
JPMorgan Chase Bank, N.A. v. Superior Court (State of California)
Prior notice from the California State Controller is not a prerequisite of liability under the California False Claims Act. |
Civil Procedure |
|
S. Pollak | Nov. 22, 2022 |
|
21-15641
|
San Carlos Apache Tribe v. Xavier Becerra, et al
The Indian Self-Determination and Education Assistance Act requires Indian Health Services to cover "contract support costs" for activities funded by third-party revenues. |
Native American Affairs |
|
R. Paez | Nov. 22, 2022 |
