11 results for 'judge:"Fujisaki"'.
J. Fujisaki finds that the Department of Toxic Substances Control was within its discretion to classify violations at an oil and hazardous waste treatment facility as Class I violations. Class I violations are not limited to significant threats to human health or safety or the environment, but may also include operational deviations that might result in failures to accomplish the objectives enumerated in the Hazardous Waste Control Law, such as the ability to perform emergency cleanup operations or to ensure adequate financial resources to shut down a facility. Affirmed.
Court: California Courts Of Appeal, Judge: Fujisaki, Filed On: March 4, 2024, Case #: A166575, Categories: Administrative Law, Environment
J. Fujisaki upholds the dismissal of a bicyclist's claim that a city was liable for a crash while training on city roads for a fundraising ride. A release of liability he signed to participate in the fundraiser was valid and enforceable because it was a private agreement for a recreational sports activity that did not implicate a public interest. Also, there was no evidence of gross negligence that would overcome the release. Affirmed.
Court: California Courts Of Appeal, Judge: Fujisaki, Filed On: February 13, 2024, Case #: A164483, Categories: Negligence
J. Fujisaki finds that the trial court properly refused to compel arbitration of employees' individual wage and hour claims. The subject arbitration agreement is unenforceable because it impermissibly requires employees to waive their right to bring representative Private Attorneys General Act claims in all forums. And because of the agreement's nonseverability and poison pill clauses, the whole arbitration agreement is unenforceable. Affirmed.
Court: California Courts Of Appeal, Judge: Fujisaki, Filed On: January 8, 2024, Case #: A167091, Categories: Arbitration, Employment, Class Action
J. Fujisaki holds that recent legislation opening the records of law enforcement officers who have engaged in misconduct supersedes the disclosure exemptions of the Public Records Act. The new transparency law requires disclosure of officer-related records that are held by any state or local agency conducting a review or investigation into allegations of officer misconduct. However, the trial court properly found that a report into alleged misconduct by corrections officers created by the Office of the Inspector General was properly withheld because the Office is not a subdivision of any other governmental entity and falls outside the scope of the Public Records Act.
Court: California Courts Of Appeal, Judge: Fujisaki, Filed On: December 28, 2023, Case #: A165888, Categories: Public Record
J. Fujisaki finds that the trial court erred in sustaining a waste management company's demurrer on an unfair competition complaint alleging that collection rates were artificially high due to the bribery of a city official. California's filed rate doctrine does not bar injunctive relief, restitution or punitive damages claims because they do not implicate the doctrine's nondiscrimination or nonjusticiability strands. Reversed.
Court: California Courts Of Appeal, Judge: Fujisaki, Filed On: December 1, 2023, Case #: A165515, Categories: Municipal Law, Unfair Competition, Class Action
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J. Fujisaki finds the probate court improperly instructed the successor trustee to immediately sell properties that are assets of trusts whose beneficiaries are the museum and music conservatory and distribute the proceeds to the beneficiaries. A provision granting the trustee “sole discretion” to distribute trust property in cash or in kind was improperly interpreted by the probate court as requiring an immediate sale of the properties. Vacated and remanded.
Court: California Courts Of Appeal, Judge: Fujisaki, Filed On: October 12, 2023, Case #: A165397, Categories: Property, Trusts, Due Process
J. Fujisaki finds that the trial court was within its discretion to deny a father's request to reduce his child support obligations. He had sufficient assets and imputed income to meet his obligations even if he had reduced his salary draw from his law firm due to the Covid-19 pandemic. Affirmed.
Court: California Courts Of Appeal, Judge: Fujisaki, Filed On: August 11, 2023, Case #: A163975, Categories: Family Law
J. Fujisaki finds that the trial court probation condition barring defendant from possessing pornographic materials was too vague. The trial court, which convicted him of possessing child pornography, must provide a nonsubjective definition of pornographic material that would allow probation officers to distinguish prohibited materials from materials with primarily literary, artistic, political or scientific value.
Court: California Courts Of Appeal, Judge: Fujisaki, Filed On: August 1, 2023, Case #: A165298, Categories: Probation, Child Pornography
J. Fujisaki holds that the trial court had discretion to modify a domestic violence temporary restraining order without findings of changed circumstances. A trial court may modify a restraining order to allow exceptions that are consistent with parallel dissolution proceedings. Affirmed.
Court: California Courts Of Appeal, Judge: Fujisaki, Filed On: July 14, 2023, Case #: A164713, Categories: Family Law