10 results for 'judge:"Kruger"'.
J. Naranjo finds that the appeals court properly held that an employer's omission of unpaid meal premiums from employee wage statements did not trigger statutory penalties. A good faith but mistaken failure to comply with the labor code requirement to provide accurate wage statements is not a knowing and intentional failure to comply that the legislature sought to penalize. Affirmed.
Court: California Supreme Court, Judge: Kruger, Filed On: May 6, 2024, Case #: S279397, Categories: Employment
J. Kruger holds that the appeals court improperly concluded that defendant is entitled to a parole hearing despite the life without parole sentence he received for murdering his elderly neighbor when he was 25. The legislature expanded youth offender parole hearings to include most young adult offenders, but equal protection rights do not constitutionally compel that parole become available to defendants convicted of special circumstance murder. Reversed.
Court: California Supreme Court, Judge: Kruger, Filed On: March 4, 2024, Case #: S277487, Categories: Murder, Sentencing, Equal Protection
J. Kruger holds that the trial court was within its discretion to deny a builder's request for relief from its waiver of its right to a jury trial in a contract dispute with a homeowner. The trial court properly prioritized the hardship the builder faced in preparing for a jury trial that the homeowner had requested, and then waived, when considering the builder's request for relief from its own jury trial waiver. But the trial court also had discretion to consider that the builder failed to demand a jury or post jury fees until the day the trial began. Also, the builder failed to show on appeal that the denial caused actual prejudice. Affirmed.
Court: California Supreme Court, Judge: Kruger, Filed On: February 26, 2024, Case #: S273368, Categories: Civil Procedure, Jury, Contract
J. Kruger finds the court of appeals improperly rejected defendant’s argument that the gang enhancements amendment required two or more gang members to commit the two required predicate offenses. Defendant was convicted for false imprisonment, burglary and forced oral copulation, and sentenced to 20 years in prison and an indeterminate term of 90 years to life, including the 10-year gang enhancements. The prosecution failed to present evidence as to whether the offenses were committed to benefit a gang, so the case is remanded to reconsider the gang enhancement. Reversed.
Court: California Supreme Court, Judge: Kruger, Filed On: February 22, 2024, Case #: S275746, Categories: Burglary, Constitution, Gangs
J. Kruger holds that the appeals court must revisit its rejection of the trial court's conclusion that an implied easement had been established over an eight-foot-wide strip of land. Though not favored by the law, an exclusive implied easement is recognized if it was the clear intent of the parties to the underlying land transaction. The appeals court must examine whether substantial evidence supports a finding that the long-term use of the strip by neighbors and their predecessors for a planter, wall and driveway established an intent to create an easement. Reversed.
Court: California Supreme Court, Judge: Kruger, Filed On: February 1, 2024, Case #: S275023, Categories: Evidence, Property, Contract
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J. Kruger finds that a sex offender's due process rights have not been violated even though a trial on a petition to indefinitely recommit him to the state hospital as a sexually violent predator has been pending since 2007. Constitutional speedy trial rights apply to petitions to recommit sex offenders under the Sexually Violent Predator Act, but a trial has not yet been held on a petition to recommit the offender that was filed in 2007.
The length of the delay indicates that both the state and the trial court should have worked harder to ensure the offender's due process right to a timely trial. But the offender did not demonstrate that he sought a trial on the petition before 2018 or that he suffered prejudice by the delay. Affirmed.
Court: California Supreme Court, Judge: Kruger, Filed On: August 31, 2023, Case #: S273391, Categories: Sex Offender, Speedy Trial, Due Process
J. Kruger finds that the appeals court improperly invalidated a regulation that bars bail bond agents from contracting with jail inmates to notify agents of new arrests. The appeals court held that the Bail Bond Regulatory Act violates the First Amendment, but the Act only prohibits agents from using inmates to solicit arrestees and agents may still seek information about arrestees from public sources. Also, the state has interests beyond the way that bail bond agents drum up business, as the Act promotes the orderly administration of jails and fair competition between bail bond agents. Reversed.
Court: California Supreme Court, Judge: Kruger, Filed On: August 24, 2023, Case #: S267138, Categories: Constitution, Bail
J. Kruger holds that the administrative court mistakenly concluded that outreach costs incurred by a Medicaid provider were for unreimbursable advertising. The findings showed that the outreach activities were intended to increase patient awareness and access, which are not categorically unreimbursable activities for a federally qualified health center. Reversed.
Court: California Supreme Court, Judge: Kruger, Filed On: July 24, 2023, Case #: S270326, Categories: Administrative Law, Medicaid
J. Kruger finds that the appeals court erred in holding that a borrower's challenge to an arbitration award was time-barred. The 100-day deadline to seek vacatur of an arbitration award does not deprive trial courts of their fundamental jurisdiction to consider challenges to an award that are based on the equitable doctrines of tolling and estoppel. And statute for the enforcement of arbitration awards does not expressly preclude trial courts from granting equitable relief from arbitration deadlines. Reversed.
Court: California Supreme Court, Judge: Kruger, Filed On: June 26, 2023, Case #: S270798, Categories: Arbitration, Civil Procedure, Banking / Lending
J. Kruger finds that the lower courts improperly held that police officers who left a homicide victim's naked body exposed to the public were immune to an emotional distress complaint filed by the victim's widow. The provision of the Government Claims Act that give absolute immunity to public workers facing malicious prosecution claims does not extend to claims for other types of injuries caused during law enforcement investigations. While there is often overlap between investigations and the initiation of prosecutions, they are not the same. However, other provisions of the Act may shield police from such a claim. Reversed.
Court: California Supreme Court, Judge: Kruger, Filed On: June 22, 2023, Case #: S269672 , Categories: Malicious Prosecution, Immunity, Emotional Distress