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Name Category Published
Campana v. East Bay Municipal Utility District
Statute of limitations on plaintiffs' complaint invalidating water fees began when the fee structure was adopted, not when the fees were imposed, since the complaint was intended to invalidate the resolutions.
Administrative Agencies 1DCA/4 May 25, 2023
Kelsey v. Garrett
Criminal defendant was entitled to relief for ineffective assistance of counsel where his attorney waived closing argument at trial based on unreasonable and unsupported strategic assessment.
Criminal Law and Procedure 9th May 25, 2023
McGee v. State Dept. of Health Care Services
Trial court's evaluation of disbursements from a special needs trust was based on an erroneously narrow interpretation of the term "special needs" and therefore constituted an abuse of discretion.
probate_and_trusts 3DCA May 25, 2023
Perry v. Kia Motors America, Inc.
Appellant's counsel forfeited issue by misrepresenting the trial court's findings to the Court of Appeal and omitting from the submitted record comments that expressly contradicted the misrepresentation.
Attorneys 4DCA/3 May 25, 2023
Kourounian v. California Dept. of Tax & Fee Administration
Discrimination allegations from employee's Equal Employment Opportunity complaint should have been excluded because only actions taken by his employer after the complaint were relevant to his retaliation claim.
Disability Discrimination 2DCA/8 May 25, 2023
Waidla v. Davis
Writ of habeas corpus awarded by district court affirmed because California Supreme Court unreasonably applied *Strickland v. Washington* with ineffective assistance of counsel claim.
Criminal Law and Procedure 9th May 24, 2023
Chaudhry v. Aragon
Plaintiff doctor, who alleged that an inaccurate State report harmed his employment interests, failed to establish the requisite causation element of his "stigma-plus" Section 1983 due process claim.
Civil Rights 9th May 24, 2023
Melville v. Shinn
One-year statute of limitations for petitioner's federal habeas relief began to run after his extension to file a state motion for reconsideration expired because the state avenue for relief had closed.
Criminal Law and Procedure 9th May 24, 2023
Amended Opinion: Umana-Escobar v. Garland
Application of incorrect standard of review to Immigration Judge's determination--that there was insufficient nexus between immigrant's membership in protected group and harm faced in his home country--required remand.
Immigration 9th May 24, 2023
Hodges v. Cedars-Sinai Medical Center
Hospital employee's evidence of a potential adverse reaction to a mandated flu shot was not sufficient to show she suffered from a physical disability.
Disability Discrimination 2DCA/8 May 23, 2023
Diaz v. Zuniga
Purported amendment to trust was not valid where settlor failed to send it to the trustee via certified mail as required by the modification procedure provided in the trust instrument.
probate_and_trusts 2DCA/4 May 23, 2023
Save Berkeley's Neighborhoods v. Regents of the University of California
Trial court's orders suspending UC Berkeley student enrollment increases were unenforceable in light of Senate Bill 118's amendments to CEQA.
Environmental Law 1DCA/1 May 23, 2023
North American Title Company v. Superior Court (Cortina)
Insurance companies' judge disqualification claim, based on judge's bias because of comments regarding companies' chicanery, was unwaivable.
Judges 5DCA May 23, 2023
Calcutt v. Federal Deposit Insurance Corp.
Sixth Circuit erred by proceeding to conduct its own review of the record even after it had identified errors in FDIC decision.
Administrative Agencies USSC May 23, 2023
Amended Opinion: Porter v. Martinez
Although restriction on using vehicle's horn was a restriction on speech, it was narrowly tailored to further government's interest in traffic safety.
Constitutional Law 9th May 23, 2023
Cassirer v. Thyssen-Bornemisza Collection Foundation
Order
9th May 23, 2023
People ex rel. Garcia-Brower v. Kolla's, Inc.
Under Labor Code Section 1102.5(b), protected disclosures include complaints or reports of violations already known to employers or entities.
Employment Law CASC May 23, 2023
People v. Govan
Penal Code Section 667.61 did not negate the court's newly acquired discretion to stay a sentence for a one-strike offender because it only prohibited placing an one-strike offender on probation.
Criminal Law and Procedure 2DCA/7 May 23, 2023
Shetty v. HSBC Bank USA, N.A.
Pursuant to Civil Code Section 2924c, grant deed holder, who was not the original borrower, was a successor-in-interest to foreclosed condo and therefore was entitled to reinstatement rights.
Real Property 4DCA/3 May 22, 2023
Kinder v. Capistrano Beach Care Center
Forms signed by adult children putting mother in care facility did not establish agency relationship that would bind nonsignatory mother to arbitrate her elder abuse claims.
Arbitration 2DCA/7 May 22, 2023
Randy's Trucking v. Superior Court (Buttram)
Trial court's order to transmit data of the plaintiffs' mental examination to her attorney was proper because transfer was subject to a protective order and did not violate examiner's professional standards.
Civil Procedure 5DCA May 22, 2023
Modification: Crescent Trust v. City of Oakland
For purposes of the Subdivision Map Act, determining whether property lot was separate from or had been legally merged with other lots required an analysis of controlling laws at the time of lots' origin.
Real Property 1DCA/1 May 22, 2023
Arizona v. Mayorkas
Order
USSC May 22, 2023
Friedenberg v. Lane County
Defendants met the qualifications for immunity as "deemed" public health service employees.
Health Care 9th May 22, 2023
People v. Jaime
Failure to apply new statutory framework for analyzing the constitutional validity of preemptory challenges to prospective jurors where a prospective juror was challenged for presumptively invalid reasons was prejudicial error.
Criminal Law and Procedure 3DCA May 22, 2023
Feliz v. County of Orange
Plaintiff's Federal Rules of Civil Procedure 60(b)(6) motion to vacate judgment did not toll the statutes of limitations because it did not affect the finality of her claims' dismissal.
Civil Procedure 4DCA/3 May 22, 2023
Travis v. Brand
Despite outcome at trial or plaintiffs' motives for suing, awarding attorney fees to defendants in Political Reform Act suit was inappropriate where plaintiffs had a legal and factual foundation.
Government 2DCA/8 May 22, 2023
In re I.E.
Mother could not show that parental benefit exception applied because there was no evidence of the type of attachment that would cause her daughter to suffer if parental rights were terminated.
Dependency 4DCA/2 May 19, 2023
In re Ja.O.
Because children were placed into protective custody pursuant to a warrant, further inquiry as to children's possible Native American ancestry was not required.
Dependency 4DCA/2 May 19, 2023
Futterman v. Kaiser Foundation Health Plan, Inc.
In class action suit against Kaiser for its deficient mental health services, Kaiser members provided sufficient triable issues of fact to survive summary judgment.
Health Care 1DCA/4 May 19, 2023