Published rulings

PAGA suits

Salespersons are "exempt employees" when calculating paid sick leave, the Fourth District Court of Appeal, Division One, found Aug. 4. The ruling affirmed San Bernardino Superior Judge Jessica Morgan's ruling in a Private Attorneys General Act case brought by Bradley Hirdman, an employee of Charter Communications. Read the ruling (D084304) here.

Indian Child Welfare Act expanded

A 2024 California law regarding the Indian Child Welfare Act applies retroactively to all child welfare cases, the California Supreme Court ruled in a San Bernardino case Aug. 4.

The federal Indian Child Welfare Act requires a judge to determine if a child being placed in custody has Native American heritage. If the child does, then the tribe is given the option to take custody before the county welfare services do. Assembly Bill 81, passed in 2024, clarified the application of the law in California. The investigation must be done before a child is placed in county custody, regardless of the reason, AB 81 said. Previously, the investigation would not be required if the child was removed due to a warrant. The Aug. 4 Supreme Court ruling found that the change applies to cases started before AB 81 came into law.

Read the ruling here.

Mental health diversion

Defendants cannot be denied mental health diversion on the grounds that their qualifying diagnosis was made after the alleged crime, the Fourth Appellate Court of Appeal, Division One, ruled Aug. 5.

The ruling comes from a Riverside case in which Jimmie Harlow is accused of beating his neighbor, Daniel G., with a skateboard. Assigned Riverside Superior Judge Brian Hill denied Harlow's petition for mental health diversion, finding that a diagnosis three years after the crime did not indicate that the disorder played a significant factor in the offense.

The appellate ruling found that the legislature did not place a time limit on qualifying diagnoses.

Read the ruling here.

Unpublished rulings

Civil

  • San Bernardino Superior Judge Wilfred Schneider's denial of a motion for a new trial affirmed in Zorikova v. Lamey (E083246|CIVDS2017383)

Estate

  • Riverside Superior Judge Manuel Bustamante's demurrer affirmed in Gray v. Breckenridge Property Fund 2016 (E084240|CVPS2302595)

Criminal

  • Appeal of Riverside Superior Judge Joshlyn Pulliam's denial of resentencing dismissed for failure to brief in People v. King (E084904|RIF1605365)
  • A conviction Riverside Superior Judge F. Paul Dickerson III's was partially affirmed in part in People v. Esperanza (E082816|SWF2007588)
  • Appeal of Riverside Superior Judge Bernard Schwartz's ruling dismissed for failure to brief in People v. Simpson (E084595|RIF109059)
  • San Bernardino Superior Judge Shannon Faherty's resentencing ruling affirmed in People v. Barker (E082292|FVI08614)
  • Judgment in Riverside Superior Assigned Judge Louis Hanoian's courtroom ruling affirmed in People v. Arredondo (E084807|BAF2301164)
  • San Bernardino Superior Judge Michael Smith's denial of a resentencing petition reversed in People v. Ransom (E083988|FSB702709)
  • Verdict in Riverside Superior Judge Stephen Gallon's courtroom affirmed in People v. Boswell (E083353|SWF2101473)
  • Riverside Superior Judge John Molloy's denial of resentencing reversed in People v. Calleros (E083039|RIF1604043)
  • Verdict in San Bernardino Assigned Superior Judge John Nho Trong Nguyen courtroom affirmed in People v. Mejia (E082728|FWV20002406)
  • San Bernardino Superior Judge Daniel Detienne's resentencing decision affirmed in People v. Santos (E084025|FVA020834)
  • Appeal of Riverside Superior Judge Joshlyn Pulliam's ruling dismissed in People v. Mitchell (E085163|SWF1500928)
  • Verdict in San Bernardino Superior Judge Tony Raphael's courtroom affirmed in People v. Hidalgo (E075992A|FVI20000041)
  • Riverside Superior Judge John Molloy's denial of resentencing reversed in People v. Smith (E083228|RIF76063)

Juvenile court

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