| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
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 |
|
B327483
|
People v. O'Bannon
Opinion |
|
Oct. 16, 2024 | ||
|
B327483
|
People v. O'Bannon
End date for determining Penal Code Section 1585(c)(2)(H)'s applicability to strike or dismiss defendant's prior conviction enhancements was the date defendant committed the current offense. |
Criminal Law and Procedure |
|
L. Edmon | Oct. 17, 2024 |
|
B334178
|
West v. Solar Mosaic, LLC
Opinion |
|
Oct. 16, 2024 | ||
|
B321499
|
Tuli v. Specialty Surgical Center of Thousand Oaks, LLC
Business judgment rule's conflict-of-interest exception was inapplicable given that evidence supported that company board's decision was rational and benefited the company. |
Business Law |
|
J. Wiley | Oct. 17, 2024 |
|
B334178
|
West v. Solar Mosaic, LLC
Trial court properly declined to enforce arbitration provision, where plaintiff with dementia did not ratify the agreement and likely lacked the capacity to execute in the first place. |
Arbitration |
|
M. Stratton | Oct. 17, 2024 |
|
22-16273
|
Casun Invest, A.G. v. Ponder
District court did not err in applying Nevada's four-year statute of limitations to unjust enrichment claim concerning a California property and a Nevada LLC. |
Civil Procedure, Torts |
|
P. Curiam | Oct. 16, 2024 |
|
E079078
|
Howard Jarvis Taxpayers Assn. v. Powell
Public interest exemption to anti-SLAPP statute did not apply because no public interest was advanced by suing individual defendants for relief that only defendant Water District could provide. |
Anti-SLAPP, Municipal Law |
|
M. Raphael | Oct. 15, 2024 |
|
B327745
|
Gorobets v. Jaguar Land Rover North America, LLC
Plaintiff's rejection of simultaneous offers to compromise warranted cost shifting where one offer was invalid but the other was valid and the plaintiff failed to achieve a more favorable judgment. |
Civil Procedure |
|
B. Hoffstadt | Oct. 14, 2024 |
|
23-2443
|
U.S. v. Korotkiy
Chief Engineer of foreign-flagged ship may be held criminally liable for inaccurate records of "oily bilge water" dumping in U.S. waters. |
Maritime Law, Environmental Law |
|
S. Mendoza | Oct. 14, 2024 |
|
23-179
|
Total Terminals International v. Director, Office of Worker's Compensation
An injured longshoreman with hearing loss in only one ear but bilateral tinnitus is properly compensated at the statutory rate for hearing loss in one ear. |
Workers' Compensation |
|
D. Bress | Oct. 14, 2024 |
|
D082997
|
Ramirez v. City of Indio
City Manager was not bound by an arbitrator's findings with respect to the evidence supporting termination of a police officer under the City of Indio's Memorandum of Understanding. |
Government, Employment Law |
|
J. Kelety | Oct. 14, 2024 |
|
G063872
|
Katayama v. Continental Investment Group
Trial court erred in determining that plaintiff's response to requests for admission, including waived objections, failed Code of Civil Procedure Section 2033.220 "substantial compliance" requirement. |
Civil Procedure |
|
K. O'Leary | Oct. 11, 2024 |
|
B328160
|
People v. SanMiguel
No substantial likelihood that peremptory challenge to juror was based on his race where trial court also observed the behaviors proffered as the basis for the challenge. |
Criminal Law and Procedure, Civil Procedure |
|
A. Gilbert | Oct. 10, 2024 |
|
23-35014
|
Montana Medical Association v. Knudsen
The Americans With Disabilities Act does not facially preempt Montana HB 702, which prohibits discrimination based on vaccination status, in health care settings. |
Disability Discrimination, Health Care |
|
D. Bress | Oct. 10, 2024 |
|
C101151
|
Save Our Capitol! v. Dept. of General Services
Senate Bill 174--which limited Plaintiffs' CEQA challenges to a project concerning changes to the State Capitol--did not violate Article IV, Section 28 of the California Constitution. |
Environmental Law, Constitutional Law |
|
S. Boulware Eurie | Oct. 9, 2024 |
|
A167698
|
Modification: Sunflower Alliance v. California Dept. of Conservation
Project to convert an oil well, which formerly pumped oil and water from an aquifer, into an injection well, which would pump excess water back into the aquifer, was a CEQA exempt negligible change. |
Environmental Law |
|
G. Burns | Oct. 9, 2024 |
|
F087132
|
Union Pacific Railroad Co. v. Superior Court (Abrams)
Landowner did not have a duty to remove tree or otherwise take protective measures to protect drivers who veered off the highway from the tree's alleged dangerous condition. |
Torts |
|
M. Snauffer | Oct. 9, 2024 |
|
22-16539
|
U.S. v. Elmore
Remand was necessary to allow district court to determine whether state-level murder's elements constituted a crime of violence and could serve as predicate for murder in aid of racketeering conviction. |
Criminal Law and Procedure |
|
R. Paez | Oct. 9, 2024 |
|
23-973
|
Meza Diaz v. Garland
Failure to consider probative evidence establishing a nexus between harm and a petitioner's membership in a protected social group required a remand of an asylum petition. |
Immigration |
|
R. Paez | Oct. 9, 2024 |
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