| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B322994
|
Merrick v. Lau
Order_and_opinion |
|
Dec. 18, 2024 | ||
|
B329158
|
Modification: In re Nguyen
The difference in how the Department of Corrections and Rehabilitation applies award credits against an inmate's minimum eligible parole date and youth parole eligible date does not violate equal protection. |
Criminal Law and Procedure |
|
L. Edmon | Dec. 19, 2024 |
|
B322994
|
Merrick v. Lau
Notwithstanding the trial court judge's unprofessional comment, judgment was affirmed when record showed no evidence of bias. |
Judges |
|
E. Grimes | Dec. 19, 2024 |
|
22-50142
|
U.S. v. Hackett
Given lack of clear authority, district court did not plainly err when it relied on sentencing guidelines commentary that incorporated intended loss into the plain meaning of the term "loss." |
Criminal Law and Procedure |
|
J. Rawlinson | Dec. 19, 2024 |
|
C098758
|
People v. Nava
An individual could not be convicted under both Penal Code sections 4500 and 4501 (assault with a deadly weapon while a life prisoner and assault with a deadly weapon while a prisoner) for the same conduct. |
Criminal Law and Procedure |
|
S. Boulware Eurie | Dec. 19, 2024 |
|
D083262
|
People v. Lattin
An assault with a firearm can be committed with an unloaded gun by a defendant who has ammunition available and the means to load it immediately. |
Criminal Law and Procedure |
|
T. Do | Dec. 19, 2024 |
|
C097746
|
Modification: Yaffee v. Skeen
Reversal required where inadmissible evidence of reasonable value of medical services received by insured plaintiff may have resulted in recovery of amounts paid by neither the plaintiff nor his insurer. |
Remedies, Torts |
|
H. Hull | Dec. 18, 2024 |
|
D082747
|
Zavala v. Hyundai Motor America
Disagreeing with *Gorobets v. Jaguar Land Rover North America*, simultaneous 998 offers to the same party may be valid to shift costs. |
Civil Procedure |
|
J. Irion | Dec. 18, 2024 |
|
B323392
|
Winston v. County of Los Angeles
Trial court erred in denying successful whistleblower retaliation litigant's Labor Code Section 1102.5(j) attorney fees' request when amended provision could be applied retroactively. |
Civil Procedure, Employment Law |
|
M. Stratton | Dec. 17, 2024 |
|
D082799
|
People v. Caratachea
Trial court was not required to conduct a sua sponte Evidence Code Section 352 inquiry where attorney did not request exclusion. |
Criminal Law and Procedure, Evidence |
|
W. Dato | Dec. 17, 2024 |
|
23-16038
|
Oracle International Corp. v. Rimini St., Inc.
The interoperability between two pieces of software was not sufficient on its own to support a finding of an infringing derivative work. |
Copyright |
|
P. Bumatay | Dec. 17, 2024 |
|
D082407
|
Majestic Asset Mgmt LLC v. The Colony at California Homeowners Assn.
Deed of trust valuation based on reasonable cost of putting golf course in condition it would have been in had trustor performed secured maintenance obligations was appropriate. |
Real Property, Remedies |
|
J. Irion | Dec. 17, 2024 |
|
A168645
|
Casa Mira Homeowners Assn. v. California Coastal Commission
Because "existing structures" under Coastal Act Section 30235 meant those structures in place when the statute was enacted, protective shoreline armoring only included the 1972 and not 1984 building. |
Environmental Law |
|
V. Rodriguez | Dec. 16, 2024 |
|
22-35695
|
Parker v. BNSF Railway Company
Order |
|
Dec. 16, 2024 | ||
|
23-35136
|
Maverick Gaming, LLC v. U.S.
District court properly dismissed casino gaming company's action because the Shoalwater Bay Indian Tribe was a required party that could not be joined to the litigation. |
Civil Procedure, Native American Affairs |
|
K. Wardlaw | Dec. 9, 2024 |
|
B325599
|
Modification: 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 | Dec. 13, 2024 |
|
F086272
|
Kaur v. Dual Arch International
Qualified, not absolute, immunity applied to trustee's communications during nonjudicial foreclosure. |
Real Property |
|
C. Poochigian | Dec. 13, 2024 |
|
B327940
|
Modification: 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 | Dec. 13, 2024 |
|
S281950
|
People v. Superior Court (Mitchell)
Although there is no statutory right for the prosecution to appeal an order reducing a charged felony to a misdemeanor, writ review may be available where the trial court acts in excess of its jurisdiction. |
Criminal Law and Procedure |
|
P. Guerrero | Dec. 13, 2024 |
|
H050752
|
People v. Gonzalez
Trial court's reliance on unproven aggravating facts to re-impose upper term violated defendant's Sixth Amendment rights after resentencing request. |
Criminal Law and Procedure |
|
C. Wilson | Dec. 12, 2024 |
|
A167658
|
Chavez v. California Collision
The Labor Code superseded the California Civil Code of Civil Procedure and prohibited cost shifting in a wage claim lawsuit where the employee was the prevailing party. |
Employment Law |
|
I. Petrou | Dec. 12, 2024 |
|
A171177
|
Nunez-Dosangos v. Superior Court (People)
Petitioner's pretrial detention was excessive in relation to the government's public safety goals and constituted impermissible punishment in violation of due process. |
Habeas Corpus, Criminal Law and Procedure |
|
C. Fujisaki | Dec. 12, 2024 |
|
23-970
|
NVIDIA Corp. v. E. Ohman J:or Fonder AB
Order |
|
Dec. 12, 2024 | ||
|
21-55464
|
Redd v. Guerrero
Order |
|
Dec. 12, 2024 | ||
|
23-55157
|
Kaweah Delta Health Care District v. Becerra
U.S. Department of Health and Human Services exceeded its statutory authority when it calculated Medicare payment wage index to help lower-income hospitals maintain medical staff. |
Administrative Agencies |
|
K. Lee | Dec. 12, 2024 |
|
D082750
|
Lindsay v. Patenaude & Felix
Request for monetary relief did not preclude the public interest exception to California's anti-SLAPP statute. |
Anti-SLAPP |
|
J. Kelety | Dec. 12, 2024 |
|
D082091
|
People v. Armas
Defendant's appeal of a probation violation finding was moot following the conclusion of probation. |
Criminal Law and Procedure |
|
J. Irion | Dec. 12, 2024 |
|
B334294
|
People v. Muhammad
Defendant was ineligible for felony-murder resentencing when the record of conviction conclusively established he was convicted on the theory that he was the actual perpetrator of attempted murder. |
Criminal Law and Procedure |
|
R. Adams | Dec. 10, 2024 |
|
A169671
|
People v. Billy
Repeat DUI offender was statutorily required to serve at least 180 days in county jail and could not serve that term in a residential facility. |
Criminal Law and Procedure |
|
D. Chou | Dec. 11, 2024 |
|
23-583
|
Bouarfa v. Mayorkas
Federal courts do not have jurisdiction to review the Secretary of Homeland Security's revocation of a visa petition previously approved but subsequently denied due to evidence of sham marriage. |
Immigration |
|
K. Jackson | Dec. 11, 2024 |
For reprint rights or to purchase a copy of your Daily Journal photo, email jeremy@reprintpros.com for prices or call 949-702-5390. To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com