7 results for 'judge:"Moor"'.
J. Moor finds that the trial court improperly applied state arbitration laws in granting an employee's motion to withdraw from arbitration. The parties expressly chose to apply the Federal Arbitration Act's substantive and procedural provisions to any dispute, so the employer's failure to timely pay arbitration fees as required under state law did not void the agreement. Reversed.
Court: California Courts Of Appeal, Judge: Moor, Filed On: May 22, 2024, Case #: B323303, Categories: Arbitration, Employment, Preemption
[Modified.] J. Moor alters one sentence and denies a rehearing with no change in judgment. The trial court should have suppressed the gun police found in a parole search of defendant's car. Before police knew he was on parole, they had unlawfully detained him by positioning their bodies where he could not drive away or open the car doors to walk away. Also, they shined flashlights into the car in a demonstration of authority and required him to stop a phone conversation he was having while legally parked. Reversed.
Court: California Courts Of Appeal, Judge: Moor, Filed On: March 7, 2024, Case #: B320488, Categories: Firearms, Parole, Search
J. Moor orders the partial publication and modification of a previously issued opinion. An untimely challenge to a city's adoption of zoning ordinances regulating development along a light rail line was not made timely by the relation back doctrine. And the city relied on substantial evidence to find that the adoption was inconsistent with the city's general plan. Affirmed.
Court: California Courts Of Appeal, Judge: Moor, Filed On: March 7, 2024, Case #: B318346, Categories: Environment, Zoning
J. Moor holds that the trial court should have suppressed the gun police found in a parole search of defendant's car. Before police knew he was on parole, they had unlawfully detained him by positioning their bodies where he could not drive away or open the car doors to walk away. Also, they shined flashlights into the car in a demonstration of authority and required him to stop a phone conversation he was having while legally parked. Reversed.
Court: California Courts Of Appeal, Judge: Moor, Filed On: February 14, 2024, Case #: B320488, Categories: Firearms, Parole, Search
J. Moor finds that the trial court properly denied a motion to compel arbitration of an employee's sexual harassment and assault claims. An arbitration agreement before he asserted his claims is not valid. Under the federal Ending Forced Arbitration of Sexual Assault and Harassment Act, a dispute does not arise solely when a party suffers an injury. The Act requires that a party assert a right, claim or demand and that the opposing party take an adversarial position. Affirmed.
Court: California Courts Of Appeal, Judge: Moor, Filed On: January 29, 2024, Case #: B326830, Categories: Arbitration, Employment
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J. Moor finds that the trial court should not have granted a petition challenging a real estate development's compliance with the Environmental Quality Act. The petition was filed more than one year after the city issued a notice of determination, which started a 30-day statute of limitations.
Reversed.
Court: California Courts Of Appeal, Judge: Moor, Filed On: January 17, 2024, Case #: B326033, Categories: Environment, Real Estate, Zoning
J. Moor finds that the trial court was right to deny defendant's petition for resentencing on two murder convictions and one for attempted murder. He is ineligible for resentencing based on changes in statute because he was convicted based on a guilty plea as the sole defendant and actual killer.
Court: California Courts Of Appeal, Judge: Moor, Filed On: September 25, 2023, Case #: B323408, Categories: Murder, Sentencing