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Tansavatdi v. City of Rancho Palos Verdes
Design immunity immunized City of Rancho Palos Verdes from liability for creating a traffic condition but did not preclude decedent's claim for failure to warn of a dangerous traffic condition.
Immunity CASC Apr. 28, 2023
Davis v. Fresno Unified School Dist.
School district's lease-leaseback arrangement for building new facility funded by bonds was not a contract within Government Code Section 52511; consequently, validation statutes were inapplicable.
Government CASC Apr. 28, 2023
Pool-O'Connor v. Guadarrama
Successor trustee deeding himself trust property through an attorney's letter was an improper exchange or sale of property, not a distribution under the Probate Code.
probate_and_trusts 5DCA Apr. 27, 2023
McCormick v. California Public Employees' Retirement System
Successful party was entitled to attorneys' fees where the underlying action clarified and required enforcement of a statutory scheme that promoted public service and affected millions of employees.
Civil Procedure 1DCA/1 Apr. 27, 2023
Downey v. City of Riverside
Plaintiff could plead a viable cause of action for negligent infliction of emotional distress based on hearing a car accident over the phone where she had knowledge of the dangerous condition that caused the accident.
Torts 4DCA/1 Apr. 27, 2023
Modification: K.R. v. Superior Court (People)
Although Welfare & Institutions Code Section 709 establishes a maximum period of one year of remediation, the juvenile court's jurisdiction continued for a reasonable period afterward to resolve the minor's competency.
Juveniles 2DCA/1 Apr. 27, 2023
People v. Fredrickson
Penal Code Section 1170(b)(6)(B)'s presumptive imposition of the lower sentencing term requires an initial showing that defendant's youth contributed to her crime.
Criminal Law and Procedure 1DCA/5 Apr. 26, 2023
Westmoreland v. Kindercare Education LLC
Employer's arbitration agreement was invalid because the improper Private Attorneys General Act waiver and unambiguous poison pill provision rendered the entire arbitration agreement unenforceable.
Arbitration 1DCA/2 Apr. 26, 2023
Chicken Ranch Rancheria v. State of California
Prevailing parties were not entitled to recover attorneys' fees under a California statute for federal claims brought in federal court dealing with purely federal questions.
Civil Procedure 9th Apr. 26, 2023
Galanti v. Nevada Dept. of Corrections
District court erred in ignoring former Nevada prisoner's due process rights violation when the Department of Corrections failed to apply education credits that would have reduced his maximum sentence.
Prisoners' Rights 9th Apr. 26, 2023
Basith v. Lithia Motors, Inc.
Nissan dealership's arbitration agreement for its general manager was enforceable because it contained no substantive unconscionability.
Arbitration 2DCA/8 Apr. 25, 2023
People v. Wilson
Despite jury's inability to reach verdicts on enhancements, trial court in resentencing proceeding was not precluded from finding defendant-petitioner was actual killer where substantial evidence supported the findings.
Criminal Law and Procedure 1DCA/5 Apr. 25, 2023
Suffolk Construction Co. v. Los Angeles Unified School Dist.
Public Contract Code Section 1104 instruction to jury was irrelevant and prejudicial, requiring retrial on the issue of whether school district or contractor was liable for concrete cracking.
Government 2DCA/2 Apr. 25, 2023
Danco Laboratories, LLC v. Alliance for Hippocratic Medicine
Order
USSC Apr. 25, 2023
Burns v. Mays
Order
USSC Apr. 25, 2023
Murphy Co. v. Biden
President Obama's proclamation expanding Oregon's Cascade-Siskiyou National Monument was consistent with expansive discretionary power granted by the Oregon and California Railroad and Coos Bay Wagon Road Grant Lands Act.
Environmental Law 9th Apr. 25, 2023
Epic Games, Inc. v. Apple, Inc.
Market-definition error in Sherman Act litigation was harmless where the plaintiff alleged a single-brand aftermarket but failed to demonstrate consumers were unaware of the aftermarket restrictions before entering a contract.
Antitrust 9th Apr. 25, 2023
People v. Fox
Despite entering plea agreement, criminal defendant was entitled to remand to seek resentencing relief where he was sentenced to the upper term without proof of aggravating circumstances.
Criminal Law and Procedure 1DCA/1 Apr. 24, 2023
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 Apr. 24, 2023
Amended Opinion: San Diego County Credit Union v. Citizens Equity First Credit Union
Declaration of trademark non-infringement divested the district court of jurisdiction to rule on the validity of common-law trademark.
Intellectual Property 9th Apr. 24, 2023
Gunn v. Drage
Federal courts ruling on an anti-SLAPP motion are entitled to rely on extrinsic evidence for both the first and second steps of the analysis.
Anti-SLAPP 9th Apr. 24, 2023
Fuentes v. Empire Nissan, Inc.
Arbitration agreement was enforceable where party seeking to invalidate if for unconscionability failed to demonstrate the substance of the agreement was at all unfair.
Arbitration 2DCA/8 Apr. 24, 2023
Takiguchi v. Venetian Condominiums Maintenance Corp.
Court could force homeowners association to hold regular election where substantial evidence showed quorum numbers were met by online presence not initially counted.
Corporations 4DCA/1 Apr. 24, 2023
People v. Coulthard
Abduction charges against British father were affirmed because he had no right to the custody of his eight-year-old daughter under the valid United Kingdom custody order.
Family Law 6DCA Apr. 21, 2023
Onglyza Product Cases
In case involving whether active ingredient in type 2 diabetes medication increased risk of heart failure, summary judgment was appropriate after trial court properly excluded experts' testimony.
Evidence 1DCA/4 Apr. 21, 2023
Friends of Oceano Dunes v. California Coastal Commission
Attempted intervenors in civil action failed to make a compelling showing that their interest in litigation would be inadequately represented by a party to the litigation with an identical interest.
Civil Procedure 2DCA/6 Apr. 21, 2023
In re L.C.
Although it had not been raised below, failure to conduct jurisdictional inquiry into family's home state required by statute was not an issue that could be forfeited by litigants' inaction.
Dependency 2DCA/5 Apr. 20, 2023
Manrique v. Kolc
Order
9th Apr. 20, 2023
Reed v. Goertz
For prisoners pursuing state post-conviction DNA testing through state courts, the statute of limitations for Section 1983 procedural due process claims start to run when the state litigation ends.
Civil Rights USSC Apr. 20, 2023
Turkiye Halk Bankasi A.S. v. United States
Turkish-owned bank was not immune from conspiracy charges because the Foreign Sovereign Immunities Act does not grant immunity to foreign states or their instrumentalities in criminal proceedings.
Immunity USSC Apr. 20, 2023