9 results for 'judge:"Liu "'.
J. Liu holds that the appeals court erred in limiting the resentencing authority of a trial court that had stricken a firearm enhancement. A trial court may impose a lesser included, uncharged enhancement that is supported by findings, even if the enhancement is from somewhere in the penal code other than the firearm enhancement statute. Reversed.
Court: California Supreme Court, Judge: Liu, Filed On: April 29, 2024, Case #: S275940, Categories: Firearms, Murder, Sentencing
J. Liu finds, in answer to the U.S. Ninth Circuit, an employee must be paid for "hours worked" for time spent waiting for an employer-mandated vehicle security inspection before exiting an employer's premises. Time spent traveling from the security checkpoint to an employee parking area must be paid as "employer-mandated travel," but not "hours worked" because the level of employer control is lower. A collective bargaining agreement for an "unpaid meal period" does not apply if an employee is not allowed to leave the work premises during lunch, in which case an employee must be paid for "hours worked."
Court: California Supreme Court, Judge: Liu, Filed On: March 25, 2024, Case #: S275431, Categories: Labor / Unions
J. Liu finds that the probate court properly held that an amendment to a revocable trust was valid. A trust without explicit provisions precluding modification or requiring exclusive procedures for modification may be modified using the statutory procedures for revocation. Affirmed.
Court: California Supreme Court, Judge: Liu, Filed On: February 8, 2024, Case #: S271483, Categories: Trusts, Wills / Probate
J. Liu finds the trial court improperly convicted defendant for a gang-related murder. Retroactive application of a recent bill narrowing the definition of "street gang" to the gang-murder special circumstance does not violate limitation on legislative amendment in the Gang Violence and Juvenile Crime Prevention Act, and the prosecution concedes the evidence is not sufficient to sustain the gang enhancement in this case. Reversed.
Court: California Supreme Court, Judge: Liu , Filed On: December 18, 2023, Case #: S275835, Categories: Juvenile Law, Murder, Gangs
J. Liu answers the court of appeals' question as to whether the citizen's suit, which claims Californians are owed $2.5 billion for PG&E-caused power shutoffs, is barred by public utility code. The suit is barred because it does not allege the shutoffs were unnecessary or that they violated code.
Court: California Supreme Court, Judge: Liu , Filed On: November 20, 2023, Case #: S273340, Categories: Energy, Agency, Class Action
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J. Liu holds that an employee who is required to arbitrate his or her individual Attorneys General Act claims does not lose standing as an aggrieved employee to litigate Act claims in court for labor code violations experienced by other employees. The fact of the labor code violation itself confers standing, which does not evaporate by the enforcement of an arbitration provision that requires that the employee's individual claims be heard in a non-court forum. Reversed.
Court: California Supreme Court, Judge: Liu, Filed On: July 17, 2023, Case #: S274671, Categories: Arbitration, Civil Procedure, Employment
J. Liu holds that the trial court must revisit defendant's sentence of 40 years to life for second degree murder. He was not the actual shooter and the causal link between his actions and the killing are too tenuous for proximate causation or direct aiding and abetting implied malice theories. The trial court failed to consider whether he knew the shooter intended to shoot the victim and whether he intended to help with the shooting, as required to find that he aided and abetted. Reversed.
Court: California Supreme Court, Judge: Liu, Filed On: June 29, 2023, Case #: S270723, Categories: Murder, Sentencing
J. Liu finds the trial court properly convicted defendant for six counts of forcible lewd acts on his nine-year-old cousin and one lesser included offense of attempt, handing down seven separate, consecutive sentences. The relevant California penal code, requiring that a sentencing court impose ���full, separate, and consecutive term[s]��� for offenses committed on separate occasions complies with the Sixth Amendment. Affirmed.
Court: California Supreme Court, Judge: Liu, Filed On: May 25, 2023, Case #: S271828, Categories: Sentencing, Sex Offender, Child Victims
J. Liu, upon review, finds the court of appeal improperly affirmed the trial court���s finding that the former employee is not subject to protection for complaining about unpaid wages. A protected disclosure under the relevant labor code encompasses reports of violations made to an agency even if the recipient already knows of the violation. Remanded.
Court: California Supreme Court, Judge: Liu, Filed On: May 22, 2023, Case #: S269456, Categories: Civil Rights, Agency, Employment Retaliation