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Name Category Published
Antonio v. Garland
Failure to analyze an asylum applicant's correct social group when considering an application based on past persecution was error requiring remand.
Immigration 9th Jan. 27, 2023
Wit v. United Behavioral Health
Reversal of class certification order was required where the class action procedure was improperly used to expand or modify the substantive rights provided for class members under ERISA.
Civil Procedure 9th Jan. 27, 2023
People v. Espinoza
Lawful permanent resident who established 40 years of ties with the United States established that he would have rejected a plea offer had he understood the immigration consequences.
Criminal Law and Procedure CASC Jan. 27, 2023
People v. Thomas
Trial court did not abuse its discretion by admitting evidence of defendant's other murder because the motives for both murders were similar and the gruesome evidence was not sufficiently prejudicial.
Evidence CASC Jan. 27, 2023
Modification: Edais v. Superior Court
San Mateo Coroner's Office was required to disclose its investigation report of a police officer's suicide since the public's interest in the report far outweighed the deceased officer's privacy interest.
Public Records Act 1DCA/3 Jan. 27, 2023
U.S. v. Eller
Overwhelming evidence of defendant's subjective intent supported his conviction for attempted solicitation of a minor despite the fact he negotiated through intermediaries.
Criminal Law and Procedure 9th Jan. 26, 2023
LAOSD Asbestos Cases
Declaration made by Avon's corporate representative was inadmissible as hearsay made by a lay witness because it discussed events that occurred years earlier to which she had no personal knowledge.
Evidence 2DCA/8 Jan. 25, 2023
In re K.C.
Probation condition preventing minor from engaging in any unconsented sexual touching was not unconstitutionally vague since it provided a fair warning of the prohibited conduct.
Constitutional Law 2DCA/6 Jan. 25, 2023
Modification: Grosz v. California Dept. of Tax & Fee Administration
Taxpayer lacked standing to bring action against Department of Tax Fee Administration since determination of whether Amazon was a "retailer" for products sold through its third-party merchant program was discretionary.
Administrative Agencies 2DCA/1 Jan. 25, 2023
Marriage of D.S. & A.S.
When Domestic Violence Restraining order request is based solely on information provided by the party requesting the order, due process requires family courts to conduct a meaningful hearing before issuing the order.
Family Law 6DCA Jan. 25, 2023
Modification: Bader v. Johnson & Johnson
Trial court did not abuse its discretion in permitting doctor to offer opinion that fibrous talc causes mesothelioma because the materials that plaintiff presented in support provided reasonable basis for the opinion at issue.
Evidence 1DCA/4 Jan. 25, 2023
Modification: John's Grill v. Hartford Financial Services Group
Insurance policy's limited coverage for viruses was so broadly written as to make coverage for any virus illusory.
Insurance 1DCA/4 Jan. 25, 2023
Brown v. Commissioner of Internal Revenue Service
US Tax Court, as a court of limited jurisdiction, did not have authority to refund the Tax Increase Prevention and Reconciliation Act payment that was required to be submitted with taxpayer's offer in compromise.
Tax 9th Jan. 25, 2023
People v. Kite
Penal Code Section 1203(l)(1) requires imposing the maximum possible sentence aggregately rather than separately.
Criminal Law and Procedure 4DCA/1 Jan. 25, 2023
Chen v. BMW of North America
Defendant's Code of Civil Procedure Section 998 offer was sufficiently specific to limit plaintiff's attorney fees and costs since it allowed plaintiff to determine the offer's value.
Civil Procedure 6DCA Jan. 25, 2023
Preciado v. Freightliner Custom Chassis Corp.
Information from chassis bus maker's website was not enough to establish jurisdiction as that information failed to target the specific model alleged to have caused the injuries.
Civil Procedure 4DCA/1 Jan. 25, 2023
Center for Biological Diversity v. Haaland, et al.
U.S. Fish & Wildlife Service's denial of a petition to amend Grizzly Bear Recovery Plan was unreviewable because the Plan was not an action "from which legal consequences will flow."
Environmental Law 9th Jan. 24, 2023
Imperial County Sheriff's Assn. v. County of Imperial
Trial court improperly denied class certification of two groups of Imperial County employees since both had a well-defined community of interest and any potential conflict between the two was hypothetical.
Civil Procedure 4DCA/1 Jan. 24, 2023
SVAP III Poway Crossings, LLC v. Fitness Internat., LLC
Fitness facility's failure closure based on COVID-19 government orders did not relieve it from the obligation to pay rent during the months closed.
Contracts 4DCA/1 Jan. 24, 2023
State of California v. Encino Hospital Medical Center
Hospital's general acute care license was sufficient and a separate chemical dependency license was unnecessary to bill insurers for detox services.
Insurance 2DCA/1 Jan. 24, 2023
People v. Gonzalez
Court held a valid Penal Code Section 1172.6 evidentiary hearing despite not issuing an order to show cause because it followed the proper procedure and issued an evidentiary ruling.
Criminal Law and Procedure 2DCA/5 Jan. 24, 2023
Vascos Excavation Group LLC v. Gold
Trial court properly placed burden of proof on contractor to establish that its responsible managing employee was bona fide.
Business Law 2DCA/5 Jan. 24, 2023
In re Grand Jury
Order
USSC Jan. 24, 2023
Arellano v. McDonough
Veteran who missed the one-year statutory deadline was barred from recovering retroactive disability benefits reaching back to his discharge date even if the missed deadline was due to a service-connected impairment.
Veterans' Affairs USSC Jan. 24, 2023
Toth v. U.S.
Order
USSC Jan. 24, 2023
People v. Waldon
Trial court conducted insufficient inquiry into whether defendant was competent to waive his right to counsel since it did not properly consider expert psychological testimony or defendant's stated reasoning.
Criminal Law and Procedure CASC Jan. 24, 2023
Langer v. Kiser
Courts may not use an American with Disabilities Act serial litigant's history in order to establish credibility as to whether he has future standing.
Disability Discrimination 9th Jan. 24, 2023
Tingley v. Ferguson
Order
9th Jan. 24, 2023
City of Oxnard v. Starr
City must adhere to legislative initiative that created new rules for City council meetings but was not required to adhere to administrative initiative that determined how tax funds were spent.
Government 2DCA/6 Jan. 23, 2023
Calaveras Telephone Company v. Public Utilities Commission
When calculating subsidies, the Public Utilities Commission has authority, through Public Utilities Code Section 275.6, to impute excess revenues that came from broadband internet service.
Utilities 5DCA Jan. 23, 2023