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Name Category Published
Los Angeles Unified School Dist. v. Superior Court (Jane Doe)
Treble damages imposed on entities that cover-up sexual assault cases are punitive in nature and unavailable from public entities like the Los Angeles Unified School District. 		Remedies CASC Jun. 2, 2023
Modification: State of California ex rel. Edelweiss Fund v. JPMorgan Chase & Co.
California False Claims Act's particularity requirement was met when complaint detailed financial institutions' "robo-setting" scheme to allegedly defraud investors. 		Banking 1DCA/4 Jun. 1, 2023
Duran v. EmployBridge Holding Co.
Employer's motion to compel arbitration as to former employee's claim to recover Private Attorneys General Act civil penalties was properly denied where agreement unambiguously excluded PAGA claims. 		Arbitration 5DCA Jun. 1, 2023
Garcia v. Superior Court (Bianco)
Peremptory challenge to judge's assignment was properly denied as untimely because habeas proceeding was a continuation of the earlier criminal action. 		Criminal Law and Procedure 4DCA/2 Jun. 1, 2023
U.S. v. Castillo
District court improperly relied on the commentary of an unambiguous sentencing guideline and thus increased defendant's sentencing range by erroneously classifying his conspiracy conviction as a "controlled substance offense." 		Criminal Law and Procedure 9th Jun. 1, 2023
Estate of Strickland v. Nevada County
Lethal force used by officers against person armed with replica gun was justified where they reasonably believed the gun was real and presented an immediate threat when pointed at them. 		Civil Rights 9th Jun. 1, 2023
Dickey v. Davis
Federal habeas petitioner granted relief from death penalty because prosecutor's conduct in deliberately eliciting and then failing to correct key witness' false testimony was a *Napue* violation. 		Criminal Law and Procedure 9th Jun. 1, 2023
Rab v. Weber
County did not violate Elections Code by machine reading ballots before the election because scanning the ballots was not tantamount to accessing or releasing the vote count. 		Government 3DCA May 31, 2023
Nationwide Insurance Company of America v. Tipton
Insurance fraudsters' criminal restitution orders were properly converted into civil judgments by trial court pursuant to Penal Code Section 1214(b). 		Criminal Law and Procedure 3DCA May 31, 2023
Estate of Berger
When the document's terms unambiguously support testamentary intent, probate courts may consider extrinsic evidence to evaluate testator's intent. 		probate_and_trusts 2DCA/2 May 31, 2023
Kern County Hospital Authority v. Dept. of Corrections and Rehabilitation
California Department of Corrections and Rehabilitation had a ministerial duty to obtain a mutual agreement with the hospital authority before transporting recently paroled inmates to hospital's emergency department. 		Administrative Agencies 5DCA May 31, 2023
U.S. v. Walker
Speedy trial right not violated by lengthy delays due to COVID-19 pandemic where the district court found holding trial safely was exceedingly difficult and delay served the ends of justice. 		Criminal Law and Procedure 9th May 31, 2023
U.S. v. Boam
District court did not err in determining that a reasonable jury could find that defendant's videos of his minor stepdaughter met the requirement of "sexually explicit conduct." 		Criminal Law and Procedure 9th May 31, 2023
Martinez v. Clark
Order 		9th May 31, 2023
Jason Scott Collection Inc. v. Trendily Furniture LLC
High-end furniture designer's furniture collection trade dress had acquired secondary meaning where defendant manufacturers had intentionally copied the collection's distinctive designs. 		Intellectual Property 9th May 31, 2023
In re Van Houten
Board of Parole's decision granting parole was reinstated where governor's reasoning for reversal of the decision was not supported by any evidence in the record. 		Criminal Law and Procedure 2DCA/1 May 31, 2023
San Bernardino County Board of Supervisors v. Monell
Voter initiative limiting San Bernardino County supervisors to a single four-year term was constitutional. 		Constitutional Law 4DCA/2 May 30, 2023
Barajas v. Sativa L.A. County Water Dist.
The Sativa Water District was not a proper party capable of being sued after it was dissolved by the State Water Resources Control Board for failure to provide proper services. 		Administrative Agencies 2DCA/2 May 30, 2023
McKneely v. Superior Court (People)
Penal Code statute requiring report from a health profession to overturn a certification of mental competence to stand trial did not impair the court's core functions. 		Criminal Law and Procedure 1DCA/2 May 30, 2023
Jack v. Ring LLC
Arbitration provision was unenforceable where clause contained ambiguous language regarding arbitrability as well as language prohibiting public injunctive relief. 		Arbitration 1DCA/2 May 30, 2023
Center for Biological Diversity v. Bureau of Land Management
Because district court's ruling of remand-with-vacatur would not provide further relief for communities seeking to intervene in water pipeline case, the communities' request to intervene was moot. 		Administrative Agencies 9th May 30, 2023
People v. Scott
Because defendant's prior conviction was a "strike" on the date of the conviction, subsequent legislative amendments to the definition of gang activity did not alter its "strike" status. 		Criminal Law and Procedure 4DCA/2 May 26, 2023
Dupree v. Younger
Post-trial motion was not required to preserve correctional officer's purely legal exhaustion defense at summary judgment for appellate review. 		Civil Procedure USSC May 26, 2023
Sackett v. Environmental Protection Agency
Environmental Protection Agency's attempt to assert jurisdiction over private property's wetlands through the Clean Water Act failed because it required clearer congressional language to do so. 		Environmental Law USSC May 26, 2023
Tyler v. Hennepin County
Plaintiff plausibly alleged that a Minnesota county's retention of the excess value of her home above her tax debt violated the Takings Clause. 		Constitutional Law USSC May 26, 2023
Victor Valley Union High School Dist. v. Superior Court (John Doe)
The safe-harbor provision for the spoliation of electronic evidence does not shield a party from sanctions if the evidence was altered or destroyed when the party was under a duty to preserve the evidence. 		Civil Procedure 4DCA/2 May 26, 2023
People v. Cooper
Jury instruction that did not include new requirements for proving "a pattern of gang activity" was not a harmless error because the instruction given directly contradicted the new requirements. 		Criminal Law and Procedure CASC May 26, 2023
People v. Catarino
Because Penal Code Section 667.6(d) falls within the rationale of *Oregon v. Ice*, trial court's imposition of separate, consecutive sentences did not violate Sixth Amendment. 		Criminal Law and Procedure CASC May 26, 2023
RAR2 Villa Marina Center CA SPE, Inc. v. County of Los Angeles
Neither laches nor the statutory scheme barred County Assessor from responding to owners' request for lower valuation with a recommendation that the property be assessed at an even higher value. 		Tax 2DCA/7 May 25, 2023
In re Jonathan C.M.
Nonminor dependent's best interests must be considered before terminating the juvenile court's continuing jurisdiction despite the nonminor dependent's lack of participation in a transitional independent living case plan. 		Dependency 1DCA/2 May 25, 2023
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