Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
22-15077
|
Amalgamated Bank v. Facebook, Inc.
Facebook shareholders adequately pleaded falsity as to risk statements regarding misuse of user data where Facebook represented the risk as hypothetical, when, in fact, the risks had already materialized. |
Securities |
|
M. McKeown | Oct. 19, 2023 |
B321294
|
L.O. v. Kilrain
Defendant's arguments against two restraining orders were waived when he failed to properly cite to the record in his appellate brief. |
Civil Procedure |
|
T. Cody | Oct. 19, 2023 |
D080846
|
Estate of Martino
Even though he was not decedent's biological or adopted child, decedent's former stepchild had standing to claim natural parentage heirship. |
probate_and_trusts |
|
M. Buchanan | Oct. 19, 2023 |
B321616
|
Brancati v. Cachuma Village, LLC
Trial court erred in excluding medical doctor's factually-based expert testimony to testify on impact of mold in plaintiff's residence to her health. |
Evidence |
|
A. Gilbert | Oct. 18, 2023 |
B323282
|
People v. Aguirre
Because defendant's violation of Penal Code Section 186.22 qualified as a strike on the date of his conviction, it continued to qualify as a strike even after the amendment of the Section 186.22. |
Criminal Law and Procedure |
|
H. Baltodano | Oct. 18, 2023 |
C096704
|
Granite Construction Co. v. CalOSHA
Division of Occupational Safety and Health's citations were reversed because there was no evidence that construction workers were exposed to harmful fungus Coccidioides. |
Administrative Agencies |
|
S. Boulware Eurie | Oct. 18, 2023 |
E080765
|
In re R.Q.
Order placing dependent minor with mere biological father was appropriate despite presumed father's objection where that placement was consistent with the best interest of the child. |
Dependency |
|
A. McKinster | Oct. 18, 2023 |
E079703
|
People v. Coca
Noncitizen criminal defendant's conviction could not be vacated due to her inability to understand the adverse immigration consequences where she failed to establish the conviction could result in removal proceedings. |
Criminal Law and Procedure |
|
F. Menetrez | Oct. 18, 2023 |
G061556
|
People v. Saavedra
Petition for felony murder resentencing denied where factual basis for petitioner's guilty plea established his ineligibility. |
Criminal Law and Procedure |
|
M. Sanchez | Oct. 18, 2023 |
17-15104
|
U.S. v. Draper
Voluntary manslaughter constituted a "crime of violence" under 18 United States Code Section 924(c) because it required at least an "extreme and necessarily oppositional" state of mind as one of its elements. |
Criminal Law and Procedure |
|
J. Nguyen | Oct. 18, 2023 |
A166124
|
People v. Coddington
Defendant was entitled to seek further reductions of his prison term even after trial court granted his motion to remove one of the enhancements. |
Criminal Law and Procedure |
|
J. Humes | Oct. 18, 2023 |
22-35069
|
Creech v. Tewalt
Idaho prisoner facing lethal injection did not have First Amendment right to access information about the drugs and procedures used for the execution because this information was not historically accessible. |
Constitutional Law |
|
M. Bennett | Oct. 17, 2023 |
A166997
|
Colvis v. Binswanger
Corporation with trust as majority shareholder may be an interested party in probate proceedings regarding the trust if it has a claim or right that may be affected. |
probate_and_trusts |
|
M. Simons | Oct. 17, 2023 |
22-16413
|
Lake v. Fontes
Plaintiffs lacked Article III standing to bring claims regarding electronic voting tabulation systems, as they were no longer nominated candidates for state office and no longer sought relief related to the 2022 election. |
Civil Rights |
|
P. Curiam (9th Cir.) | Oct. 17, 2023 |
22-70122
|
Idaho Conservation League v. Bonneville Power Administration
Because causation element for Article III standing is a low bar, environmental groups had standing to pursue case against power company's ratemaking decision. |
Civil Procedure |
|
D. Bress | Oct. 17, 2023 |
B309921
|
People v. Simmons
Racial Justice Act did not violate California Constitution's requirement for case-specific inquiry to set aside a judgment since racially discriminatory language in a trial was itself a miscarriage of justice. |
Constitutional Law |
|
A. Gilbert | Oct. 16, 2023 |
D080779
|
Modification: People v. Burns
Penal Code Section 1172.6 resentencing request was properly denied when assertion of jury instructional error did not involve statutory changes to felony murder doctrine. |
Criminal Law and Procedure |
|
W. Dato | Oct. 16, 2023 |
A161815
|
People v. Pittman
Remand was necessary where criminal defendant's youth was not considered during resentencing hearing and impulsivity and peer pressure may have played a role in the underlying attack. |
Criminal Law and Procedure |
|
J. Goldman | Oct. 16, 2023 |
B317540
|
Vargas v. Gallizzi
Where trial court had authenticated records at pretrial hearing, yet defendant still denied numerous requests for admission, plaintiff was entitled to attorneys fees and costs. |
Remedies |
|
D. Perluss | Oct. 16, 2023 |
C097911
|
In re C.L.
Under the Indian Child Welfare Act (ICWA), the duty to inquire of extended family members regarding the child's ancestry applies when removal is made with or without warrant. |
Dependency |
|
S. Mesiwala | Oct. 16, 2023 |
A167888
|
Karnazes v. The Lauriedale Homeowners Assn.
Disbarred attorney who had maintained nine appeals was considered a vexatious litigant because she had at least five litigations in the past year adversely decided against her. |
Criminal Law and Procedure |
|
V. Rodriguez | Oct. 13, 2023 |
B323063
|
Park v. NMSI, Inc.
Trial court did not err in granting right to attach orders to plaintiffs against defendant employer because substantial evidence supported the probable validity of plaintiffs' breach of contract claims. |
Contracts |
|
D. Perluss | Oct. 13, 2023 |
20-16245
|
Rodriguez Diaz v. Garland
Order |
|
Oct. 13, 2023 | ||
A165397
|
Stadel Art Museum v. Mulvihill
Trust's overall language did not mandate the immediate sale and distribution of trust assets but rather permitted trustee to exercise discretion. |
probate_and_trusts |
|
C. Fujisaki | Oct. 13, 2023 |
H049791
|
Homeward Opportunities Fund I Trust 2019-2 v. Taptelis
Plaintiff could not prevail in unlawful detainer action--where it failed to resolve recorded lis pendens prior to serving notice to quit--because title in the property was not perfected. |
Real Property |
|
C. Lie | Oct. 13, 2023 |
D081670
|
Modification: EpicentRx, Inc. v. Superior Court (EpiRx LP)
Trial court properly declined to enforce forum selection clauses because plaintiffs would be deprived of their right to a jury trial if forced to litigated in the Delaware Court of Chancery. |
Civil Procedure |
|
J. McConnell | Oct. 12, 2023 |
H050285
|
County of San Benito v. Superior Court (Western Resources Legal Center)
County was not required to produce explanatory material in response to Public Records Act requests. |
Public Records Act |
|
C. Lie | Oct. 13, 2023 |
22-15660
|
Habelt v. iRhythm Technologies, Inc.
Despite filing initial complaint, individual named in caption of putative class action lacked standing to appeal adverse judgments where new lead plaintiff's amended complaints did not reference his individual claims. |
Civil Procedure |
|
H. Thomas | Oct. 12, 2023 |
17-16907
|
Meyers v. Birdsong
Order |
|
Oct. 12, 2023 | ||
21-30055
|
U.S. v. Farias-Contreras
Order |
|
Oct. 12, 2023 |