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Honey Bum, LLC v. Fashion Nova, Inc.
Summary judgment proper on plaintiff clothing vendor's Sherman Act Section 1 group boycott claim because it failed to establish a material dispute as to whether the other clothing vendors agreed among themselves to boycott plaintiff.
Antitrust 9th Mar. 23, 2023
People v. Villalba
Defendant established prejudicial error when totality of evidence supported that he would not have agreed to plea with knowledge of the negative immigration consequences, given his extensive ties to the United States.
Criminal Law and Procedure 2DCA/2 Mar. 23, 2023
Modification: Gordon v. Ervin Cohen & Jessup LLP
Attorneys could not be liable for malpractice to nonclient third parties in the absence of a clear, certain, and undisputed intent on the part of the client to benefit them.
Attorneys 2DCA/2 Mar. 22, 2023
Hamilton and High, LLC v. City of Palo Alto
Palo Alto's in-lieu parking fee, imposed to alleviate increased parking demands resulting from new developments, fell under the Mitigation Fee Act necessitating strict compliance with the statute's requirements.
Municipal Law 6DCA Mar. 22, 2023
Luna Perez v. Sturgis Public Schools
IDEA's statutory administrative-exhaustion requirement did not preclude plaintiff from filing an ADA action seeking compensatory damages for his claims because IDEA could not provide such a remedy.
Disability Discrimination USSC Mar. 22, 2023
California Capital Insurance Co. v. Employers Compensation Insurance Co.
Employer's workers' compensation insurer was not liable for equitable compensation because its policy did not cover the same bodily injury risk as employer's general liability insurer's policy.
Insurance 4DCA/3 Mar. 22, 2023
People v. Nakano
Trial court abused its discretion when it terminated defendant's probation, prior to completion of a sex offender management program, without applying the standard required by Penal Code Section 1203.3(a).
Criminal Law and Procedure 6DCA Mar. 22, 2023
Chong Yim v. City of Seattle
Blanket ban on landlords inquiring about the criminal histories of current and potential tenants was an overly broad restriction on the landlord's right to free speech.
Constitutional Law 9th Mar. 22, 2023
Militello v. VFARM
Disqualifying counsel was proper where client failed to establish emails, which were allegedly impermissibly downloaded and used by counsel in a related proceeding, were not protected by the spousal communication privilege.
Evidence 2DCA/7 Mar. 22, 2023
Environmental Law Foundation v. State Water Resources Control Bd.
State Water Board's adoption of order allowing the anonymization of management practice implementation and data was proper under the rule and commentary of key element four of the Nonpoint Source Policy.
Environmental Law 3DCA Mar. 21, 2023
A.H. v. Superior Court (Orange County Social Services Agency)
Juvenile court's finding of subject matter jurisdiction was supported by substantial evidence where a court from children's home state declined to exercise jurisdiction.
Dependency 4DCA/3 Mar. 21, 2023
Padideh v. Moradi
Plaintiff's malicious prosecution claim was barred by the unclean hands doctrine where the lies by omission in her deposition caused the other side to not pursue certain legal actions.
Attorneys 6DCA Mar. 21, 2023
Chapman v. Doe
Order
USSC Mar. 21, 2023
Modification: People v. Burgess
Reversal warranted when trial court's factual findings evidenced there was no felony predicating the felony murder conviction.
Criminal Law and Procedure 3DCA Mar. 21, 2023
Marriage of Cohen
Appellate court declined application of disentitlement doctrine when ex-husband had not evidenced willful disobedience or obstructive tactics pending the appeal.
Family Law 4DCA/3 Mar. 21, 2023
Lopez v. La Casa de Las Madres
Plaintiff in pregnancy-discrimination action who failed to provide evidence her condition was related to pregnancy failed to meet her burden of proof.
Employment Discrimination 1DCA/3 Mar. 20, 2023
In re E.P.
Prosecution was entitled to new fitness hearing to determine if juvenile court had jurisdiction over gang member's case based on the amended evidentiary standard.
Juveniles 2DCA/6 Mar. 20, 2023
Regina v. State of California
Penal Code Section 28220(f)(4), which provided firearms dealer discretion on whether to sell shotgun to purchaser who had received an undetermined eligibility letter, did not violate Second Amendment.
Constitutional Law 2DCA/7 Mar. 20, 2023
Olson v. State of California
Under rational basis review, Postmates plausibly alleged that Assembly Bill 5, as amended, violated the Equal Protection Clause for those engaged in app-based ride-hailing and delivery services.
Constitutional Law 9th Mar. 20, 2023
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 Mar. 20, 2023
Forrest v. Spizzirri
District court acted within its discretion by compelling arbitration and dismissing, rather than staying, an action where all issues were subject to arbitration.
Arbitration 9th Mar. 17, 2023
Glazer Capital Management, L.P., et al v. Forescout Technologies, Inc., et al
Cybersecurity company's statements on deals already made with clients that they expected to close were false and made with scienter but many were protected forward-looking economic projections.
Securities 9th Mar. 17, 2023
Modification: Make UC a Good Neighbor v. Regents of University of Cal.
Environmental Impact Report for the University of California, Berkeley's proposed housing project requiring the demolition of People's Park, a historic site, was deficient because it failed to provide project alternatives.
Environmental Law 1DCA/5 Mar. 17, 2023
Bassett Unified School District v. Superior Court of Los Angeles County (Michael Ross)
Judge was not disqualified where nothing in the record would make an objective observer doubt her ability to be impartial.
Judges 2DCA/5 Mar. 16, 2023
Modification: Carrillo v. County of Santa Clara
Allegations in plaintiff's medical negligence complaint did not support a delayed discovery exception to the one-year statute of limitations.
Torts 2DCA/4 Mar. 16, 2023
Atalla v. Rite Aid Corporation
Employer found not strictly liable under the Fair Employment and Housing Act for lewd text messages sent from supervisor to employee because the exchange was tied to the personal friendship between supervisor and employee.
Employment Law 5DCA Mar. 16, 2023
Gutierrez-Alm v. Garland
Board of Immigration Appeals properly denied Nicaraguan citizen's application for asylum because he presented no evidence brother's gang involvement or father's political activism would lead to future persecution.
Immigration 9th Mar. 16, 2023
People v. Ruiz
Habeas corpus petition for ineffective assistance of counsel was granted where defense counsel's complete lack of adversarial tactic was due to a brain tumor.
Criminal Law and Procedure 2DCA/8 Mar. 16, 2023
Kirchmeyer v. Helios Psychiatry Inc.
Medical Board of California's order compelling production of the medical records of a psychiatrist's family member was affirmed where the information was relevant to whether the psychiatrist violated professional boundaries.
Civil Procedure 1DCA/3 Mar. 16, 2023
Lopez v. American Medical Response West
Plaintiffs' first letter to defendant detailing ambulance accident, and providing a settlement demand amount, provided sufficient details that it served as an intent to sue notification under the Medical Injury Compensation Reform Act.
Health Care 1DCA/5 Mar. 16, 2023