Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B315302
|
Ranger v. Alamitos Bay Yacht Club
Yacht club worker's sole remedy is with California workers' compensation law rather than federal admiralty law since state compensation laws cannot be preempted to maintain maritime uniformity. |
Maritime Law |
|
J. Wiley | Sep. 7, 2023 |
F083632
|
Westlands Water District v. All Persons Interested et al.
To obtain judicial decree validating water district's contract with government, essential term of district's repayment obligation was necessary. |
Water Rights |
|
R. Peña | Sep. 6, 2023 |
A163074
|
People v. Lashon
Defendant's California Racial Justice Act claim of implicit racial bias by the trial judge was forfeited because she did not file the claim with the trial court and instead raised the claim for the first time on appeal. |
Criminal Law and Procedure |
|
I. Petrou | Sep. 6, 2023 |
E080838
|
People v. Harrell
Military veteran serving stipulated sentence was not categorically ineligible for resentencing based on service-related disorders merely because he was serving a stipulated sentence. |
Criminal Law and Procedure |
|
M. Ramirez | Sep. 6, 2023 |
20-72788
|
Solar Energy Industries Assoc. v. Federal Energy Regulatory Commission
The Federal Energy Regulatory Commission violated National Environmental Policy Act by failing to prepare, at minimum, an environmental assessment regarding non-utility-owned energy producer orders. |
Environmental Law |
|
E. Miller | Sep. 6, 2023 |
23-48
|
Tong v. U.S.
Ineffective counsel habeas claims as to an earlier habeas petition were not a second or successive petition because defendant could not have raised them in the earlier petition. |
Prisoners' Rights |
|
M. Smith | Sep. 6, 2023 |
B319265
|
The Law Firm of Fox and Fox v. Chase Bank
Bank owed a duty to law firm that was to be paid from blocked account that required court order for withdrawals. |
Torts |
|
G. Feuer | Sep. 6, 2023 |
B317485
|
Coastal Protection Alliance v. Airbnb
The increased residency of a property caused by an Airbnb short-term rental does not change a residential property into a "development" under the Coastal Act. |
Environmental Law |
|
S. Heidel | Sep. 6, 2023 |
A165445
|
Barrera v. Apple American Group LLC
While employers could compel arbitration of former Applebee's employees' individual PAGA claims, the aggrieved employees retained standing to bring their non-individual PAGA claims in court. |
Arbitration |
|
J. Richman | Sep. 5, 2023 |
A167311
|
Finley v. Superior Court (People)
Trial court improperly adjudicated Racial Justice Act violation; weighing evidence instead of just determining whether defendant made a prima facie showing. |
Criminal Law and Procedure |
|
T. Brown | Sep. 5, 2023 |
C093672
|
People v. Njoku
Appellate court was entitled to defer to factual findings on the record in concluding that defendant was not entitled to felony murder resentecing. |
Criminal Law and Procedure |
|
R. Robie | Sep. 5, 2023 |
D079799
|
People v. Doron
Remand was appropriate for trial court to reconsider motion for pretrial mental health diversion considering new, retroactive legislative presumption that defendant's mental disorder was a significant factor in his crimes. |
Criminal Law and Procedure |
|
T. O'Rourke | Sep. 5, 2023 |
B325493
|
People v. Rojas
Penal Code Section 1172.6 provides sentencing courts with discretion to impose parole regardless of excess custody credits. |
Criminal Law and Procedure |
|
A. Collins | Sep. 5, 2023 |
22-35471
|
Huffman v. Lindgren
Attorney-litigant's claims that his complaint was merely poorly drafted and was not intended to include federal claims did not justify remand to state court. |
Attorneys |
|
M. McKeown | Sep. 5, 2023 |
21-15907
|
Center for Biological Diversity v. USFS
United States Forest Service was not liable as a contributor for contamination under Resource Conservation and Recovery Act since it played merely a passive role in disposal of hazardous lead ammunition. |
Environmental Law |
|
J. Bybee | Sep. 5, 2023 |
D081246
|
People v. Jenkins
Substantial evidence did not support court's order involuntarily recommitting mentally disordered defendant to state hospital. |
Evidence |
|
J. Kelety | Sep. 5, 2023 |
21-55881
|
Punchbowl Inc. v. AJ Press LLC
Order |
|
Sep. 5, 2023 | ||
A164897
|
People v. Castaneda-Prado
Victim's admission that she accused defendant to help her mother obtain an immigration visa was admissible to attack her credibility. |
Evidence |
|
J. Streeter | Sep. 1, 2023 |
H049324
|
Gray v. La Salle Bank
Two voluntary dismissals without prejudice in federal court do not categorically bar a state court action. |
Civil Procedure |
|
P. Bamattre-Manoukian | Sep. 1, 2023 |
F085014
|
Modification: Infinity Select Insurance Co. v. Superior Court (Cal Leduc)
Because motor carriers, not insurers, bear responsibility for meeting statutory insurance coverage, trial court's raising of the insurer's actual policy limit to meet the requirement was improper. |
Insurance |
|
D. Franson | Sep. 1, 2023 |
21-10260
|
U.S. v. Portillo-Gonzalez
Defendant's challenge to removal order was not challengeable because he failed to exhaust administrative remedies and was not deprived of judicial review. |
Immigration |
|
D. Collins | Sep. 1, 2023 |
20-73447
|
Flores-Vasquez v. Garland
Under the categorical approach, conviction under Oregon menacing statute was not a crime involving moral turpitude because conviction did not require the infliction of actual harm on another. |
Immigration |
|
G. Sanchez | Sep. 1, 2023 |
19-71750
|
Vega v. Garland
Order |
|
Sep. 1, 2023 | ||
22-50112
|
U.S. v. Torres-Giles
District court did not err in sentencing defendant to a longer term than his non-binding Type B plea agreement because they appraised him of the agreement's nature. |
Criminal Law and Procedure |
|
G. Sanchez | Sep. 1, 2023 |
S273391
|
Camacho v. Superior Court (People)
Sexually violent predator's due process rights were not violated despite waiting since 2006 for recomittment trial because the delay was attributable mostly to him or his counsel. |
Criminal Law and Procedure |
|
L. Kruger | Sep. 1, 2023 |
G061277
|
Carr v. City of Newport Beach
Swimmer diving off a bay-side concrete wall constituted a hazardous recreational activity that limited Newport Beach's liability for his paralyzing injury. |
Immunity |
|
T. Delaney | Aug. 31, 2023 |
A163920
|
LaCour v. Marshalls of California
Private Attorneys General Act claim was timely under Emergency Rule 9, which extended the statute of limitations due to COVID-19. |
Employment Law |
|
J. Streeter | Aug. 31, 2023 |
B320588
|
Krug v. Board of Trustees of the California State Univ.
State university was exempt from statute requiring employers reimburse employees' necessary business expenses because it was a government agency, and applying the statute would infringe its sovereign governmental powers. |
Employment Law |
|
V. Chaney | Aug. 31, 2023 |
A165320
|
Accurso v. In-N-Out Burgers
To meet intervention threshold requirements, non-party Private Attorneys General Act claimants may have a "significantly protectable" interest, even though the state is the real party in interest. |
Employment Law |
|
J. Streeter | Aug. 31, 2023 |
E079750
|
Modification: People v. Vance
When an appellate opinion is admitted at an evidentiary hearing under Section 1172.6 without objection, it is substantial evidence that the trial court can consider. |
Criminal Law and Procedure |
|
Aug. 31, 2023 |