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Los Angeles Waterkeeper v. State Water Resources Control Bd.
State Water Resources Control Board does not have a constitutional or statutory duty to investigate or prevent unreasonable use or waste of treated water.
Administrative Agencies 2DCA/1 Mar. 1, 2023
Spencer v. City of Palos Verdes Estates
City of Palos Verdes Estates was liable under the California Coastal Act for wood hangout built on their property by group of self-appointed local guardians of a surf spot.
Environmental Law 2DCA/5 Mar. 1, 2023
Securus Technologies v. Public Utilities Com.
Public utilities commission's interim rate relief was proper because evidence could lead a reasonable person to find California incarcerated persons calling services providers could feasibly charge $0.05 per minute for intrastate calls.
Administrative Agencies 2DCA/4 Mar. 1, 2023
Modification: Williams v. FCA US LLC
Under the Song-Beverly Consumer Warranty Act's restitution provision, the actual price paid for a defective truck was the cost buyers paid in total in order to obtain the vehicle at the time they purchased it, exclusive of any trade-in value.
Consumer Law 3DCA Mar. 1, 2023
Bittner v. U.S.
Nonwillful violations of the Bank Secrecy Act's requirement to file an annual foreign bank account report accrue on a per-report rather than a per-account basis.
Banking USSC Mar. 1, 2023
Delaware v. Pennsylvania
The Federal Disposition Act covered the proceeds of abandoned agent checks and teller's checks and thus should escheat to the state of purchase.
Banking USSC Mar. 1, 2023
U.S. v. Gonzalez-Valencia
Order
9th Mar. 1, 2023
Galaza v. Mayorkas
Employment standards laid out in the Aviation and Transportation Security Act preempted the Rehabilitation Act with respect to Transportation Security Administration screener with disability.
Administrative Agencies 9th Mar. 1, 2023
People v. Pierce
Order denying Secretary of CDCR's recommendation to recall defendant's 2011 sentence was reversed to allow for a hearing and reconsideration of postconviction factors pursuant to Penal Code Section 1172.1 changes.
Criminal Law and Procedure 2DCA/6 Mar. 1, 2023
Gostev v. Skillz Platform
Arbitration agreement containing overwhelming substantively unconscionable provisions was unenforceable.
Arbitration 1DCA/2 Mar. 1, 2023
Juarez v. Ward
An equitable servitude prevented judgment creditor from obtaining rights to debtor's Oscar award statuette.
Contracts 2DCA/2 Feb. 28, 2023
Lin v. Kaiser Foundation Hospitals
Summary judgment of employee's disability discrimination claim against Kaiser was reversed because a reasonable jury could find that Kaiser's decision to terminate her was substantially motivated by her shoulder injury.
Employment Discrimination 2DCA/4 Feb. 28, 2023
Galarsa v. Dolgen California, LLC
In light of *Viking River*, employer was entitled to compel arbitration of employee's Private Attorneys General Act claims that sought to recover civil penalties for Labor Code violations suffered by the employee.
Arbitration 5DCA Feb. 28, 2023
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 Feb. 28, 2023
Credit One Bank v. Hestrin
State action to enforce consumer protection laws against a national bank implicated important state interests and was not an improper exercise of visitorial powers.
Banking 9th Feb. 28, 2023
State of California ex. rel. Sills v. Gharib-Danesh
Limitations period was stayed for the 962 days the insurance fraud complaint was under seal while under agency investigation because plaintiff could not take any litigative action during this time.
Insurance 2DCA/1 Feb. 28, 2023
People v. Jones
Presentence custody credits for defendant who pled no contest to assault with a firearm was entitled to ordinary calculation of presentence custody credits.
Criminal Law and Procedure 2DCA/8 Feb. 28, 2023
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 Feb. 27, 2023
Committee to Relocate Marilyn v. City of Palm Springs
City's approval of closing off street from vehicles for three years in order to display a 26-foot-tall statue of Marilyn Monroe violated Vehicle Code Section 21101(e) because it was not a temporary closure.
Government 4DCA/1 Feb. 27, 2023
People v. Lopez
Defendant was not entitled to reversal of his first degree murder conviction based on changes to the felony-murder rule because a special circumstance finding rendered him ineligible.
Criminal Law and Procedure 4DCA/2 Feb. 27, 2023
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 Feb. 27, 2023
Marin v. Department of Transportation
No triable issue of fact existed regarding Department of Transportation's liability for death of contractor's employee where it properly delegated responsibility for workplace safety matters to contractor.
Torts 1DCA/5 Feb. 27, 2023
Amended Opinion: Center for Community Action v. Federal Aviation Administration
Petitioners seeking review of a Federal Aviation Administration Final Environmental Assessment finding bear the burden of showing missteps on the part of the FAA.
Environmental Law 9th Feb. 27, 2023
Best Rest Motel, Inc. v. Sequoia Insurance Co.
No insurance coverage for hotel's lost business income where the evidence indicated the loss was not directly caused by physical loss or damage caused by COVID-19.
Insurance 4DCA/1 Feb. 27, 2023
Wood v. Kaiser Foundation Hospitals
The Healthy Workplaces, Healthy Families Act does not bar Private Attorneys General Act civil penalty claims for sick pay.
Employment Law 4DCA/1 Feb. 27, 2023
People v. Johnson
Sentencing scheme for certain sex offenses violated the Sixth Amendment where it allowed for a judge, rather than a jury, to determine whether the offenses occurred on separate occasions.
Criminal Law and Procedure 1DCA/4 Feb. 24, 2023
People v. McWilliams
Attenuation doctrine did not apply to evidence obtained in violation of Fourth Amendment because discovery of a parole search condition was not an intervening circumstance in officer's decision to search.
Criminal Law and Procedure CASC Feb. 24, 2023
Bartenwerfer v. Buckley
Bankruptcy code excepts debts for money obtained by fraud from discharge regardless of the individual debtor's culpability for the underlying fraud.
Bankruptcy USSC Feb. 23, 2023
Helix Energy Solutions Group, Inc. v. Hewitt
Toolpusher on offshore oil rig was not exempt from Fair Labor Standards Act because he was paid based on the number of days worked rather than a predetermined, unchanging "salary."
Employment Law USSC Feb. 23, 2023
Cruz v. Arizona
The Arizona Supreme Court's application of state law to recent federal case law was so novel and unfounded that it did not constitute adequate state procedural grounds to preclude federal review.
Criminal Law and Procedure USSC Feb. 23, 2023