| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
23A315
|
West Flagler Associates, Ltd. v. Haaland
Order |
|
Oct. 27, 2023 | ||
|
22-15824
|
Amended Opinion: No on E v. David Chiu
San Francisco ordinance requiring political groups identify top contributors in advertisements did not violate First Amendment because it was narrowly tailored to accomplish the important governmental interest of providing voters information. |
Constitutional Law |
|
S. Graber | Oct. 27, 2023 |
|
17-99005
|
McDermott v. Johnson
Denial of plaintiff's habeas petition for prosecutorial misconduct after prosecutor invoked the Bible during penanlty closing arguments was upheld because there was no clearly established precedent that was violated. |
Civil Rights |
|
K. Wardlaw | Oct. 27, 2023 |
|
A166053
|
People v. Ponder
Criminal defendant was not entitled to dismissal of sentence enhancement despite evidence of mitigating circumstances where trial court weighed those factors but determined dismissal was not in furtherance of justice. |
Criminal Law and Procedure |
|
M. Miller | Oct. 27, 2023 |
|
B314750
|
Snowball West Investments v. City of Los Angeles
Government Code section 65589.5(j)(4) (Housing Accountability Act exemption) did not exempt developer's project from the requirement of a zone change. |
Municipal Law |
|
A. Collins | Oct. 27, 2023 |
|
A162676
|
People v. Shah
Because victims of crime have a constitutional right to restitution, trial court still had jurisdiction to levy fraudulently obtained property even eight years after defrauder's original sentencing. |
Criminal Law and Procedure |
|
M. Markman | Oct. 26, 2023 |
|
G061791
|
The Irvine Co. v. Superior Court (Demirelli)
Defendant parking structure's retention of security services did not create a duty to plaintiff who fell off the structure while intoxicated. |
Torts |
|
J. Motoike | Oct. 26, 2023 |
|
C096982
|
People v. Das
Trial court improperly denied defendant's Penal Code Section 1172.6(a) resentencing petition without a hearing because defendant did not stipulate that he acted with the intent to kill in his plea. |
Criminal Law and Procedure |
|
R. Wiseman | Oct. 26, 2023 |
|
21-15261
|
DeFiore v. SOC LLC
Private security contractors satisfied federal officer removal statute by alleging they were agents of the Department of Defense and that plaintiffs' claims were based on acts discharging their official duties. |
Civil Procedure |
|
M. Baker | Oct. 26, 2023 |
|
22-15378
|
Su v. Bowers
Though government's valuation expert was proved wrong at trial, Equal Access to Justice Act attorney's fees were properly denied as government's litigation position was substantially justified. |
Civil Procedure |
|
K. Lee | Oct. 26, 2023 |
|
A165957
|
People v. Hampton
Any error in permitting remote jury deliberations for one day was harmless because that day of deliberations did not result in a finding of guilt. |
Criminal Law and Procedure |
|
J. Humes | Oct. 26, 2023 |
|
G061693
|
Mary's Kitchen v. City of Orange
Anti-SLAPP protection did not apply to city council's cancellation of license agreement where the plaintiff's claims were based on the city council's ordinary business of governance, not its protected speech. |
Anti-SLAPP |
|
M. Sanchez | Oct. 26, 2023 |
|
B318787
|
One Technologies LLC v. Franchise Tax Board
Because all aspects of Proposition 39's initiative dealt with its purpose of funding clean energy jobs, it did not violate the single-subject rule for ballot initiatives. |
Tax |
|
H. Bendix | Oct. 25, 2023 |
|
B313972
|
FlightSafety International v. Los Angeles County Assessment Appeals Bd.
Trial court did not err in denying tax petitioner's writ request because tax petitioner had a viable, procedural process that writ relief would circumvent. |
Tax |
|
M. Stratton | Oct. 24, 2023 |
|
23A296
|
Missouri v. U.S.
Order |
|
Oct. 24, 2023 | ||
|
23A243
|
Murthy v. Missouri
Order |
|
Oct. 24, 2023 | ||
|
G061535
|
BioCorRx, Inc. v. VDM Biochemicals, Inc.
Trial court erred in granting anti-SLAPP motion because the challenged statements--allegedly confidential information regarding a soured business agreement--fell under the statute's commercial speech exemption. |
Anti-SLAPP |
|
E. Moore | Oct. 24, 2023 |
|
H049552
|
City of Gilroy v. Superior Court (Law Foundation of Silicon Valley)
Nonprofit Law Foundation's petition for writ of mandate against Gilroy under the California Public Records Act was denied because the City produce all nonexempt police bodycam footage. |
Public Records Act |
|
M. Greenwood | Oct. 24, 2023 |
|
H050117
|
People v. Ortiz
Peremptory challenge based on prospective juror's demeanor did not violate defendant's constitutional rights where the rationale for the challenge was related to the prospective juror's impartiality, not his race. |
Criminal Law and Procedure |
|
A. Danner | Oct. 24, 2023 |
|
A166145
|
Doe v. Atkinson
University student who successfully challenged his sexual-violence-based suspension was not entitled to attorney fees for purportedly enforcing an important right affecting the public interest. |
Attorneys |
|
J. Humes | Oct. 23, 2023 |
|
B323865
|
Modification: Endeavor Operating Co., LLC v. HDI Global Insurance Co.
Cessation of business operations due to COVID-19 pandemic was not a covered loss under insurance policy that covered risk of loss resulting from direct physical loss or damage to policy. |
Insurance |
|
B. Hoffstadt | Oct. 23, 2023 |
|
B316420
|
Acosta v. MAS Realty, LLC
Commercial building's owner and management company were not liable for injuries to independent electrician because the contractor failed to find the dangerous conditions a reasonable inspection would have revealed. |
Torts |
|
L. Edmon | Oct. 23, 2023 |
|
B317161
|
Arce v. The Ensign Group, Inc.
Although her last shift was just over a year prior to filing, employee's Private Attorneys General Act claim was within the limitations period because failure to pay premiums on termination is a Labor Code violation. |
Employment Law |
|
L. Rubin | Oct. 23, 2023 |
|
23A281
|
Robinson v. Ardoin
Order |
|
Oct. 23, 2023 | ||
|
B312337
|
Ross v. Seyfarth Shaw LLP
Law firm engaged under public university executive order to investigate workplace misconduct was prevailing party for anti-SLAPP fee-shifting because its conduct was related to an official proceeding authorized by law. |
Anti-SLAPP |
|
E. Grimes | Oct. 23, 2023 |
|
21-55464
|
Redd v. Guerrero
Indigent prisoner sentenced to death in California had a state-created property interest in expeditious state-appointed habeas counsel that was violated by a 26-year delay in appointment. |
Prisoners' Rights |
|
M. Berzon | Oct. 23, 2023 |
|
A166091
|
Modification: Yerba Buena Neighborhood v. Regents of the University of California
Pursuant to Public Resources Code Section 21099, University of California Regent's Environmental Impact Report for San Francisco campus project need not include an aesthetics analysis. |
Environmental Law |
|
A. Tucher | Oct. 23, 2023 |
|
B322439
|
Jan F. v. Natalie F.
Trial court's application of wrong legal standard to determine abuse under the Domestic Violence Prevention Act warranted reversal and remand for evidentiary hearing. |
Family Law |
|
G. Weingart | Oct. 20, 2023 |
|
E079475
|
People v. Allen
The Second Amendment does not prohibit states from requiring individuals to submit to certain licensing requirements in order to legally possess a firearm. |
Constitutional Law |
|
F. Menetrez | Oct. 20, 2023 |
|
A164470
|
Duncan v. Kihagi
Tenants were not barred from seeking other relief from harassing landlords after they vacated the property since they only abandoned the issue of current possession. |
Real Property |
|
J. Humes | Oct. 20, 2023 |
