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Name Category Published
5th AND LA v. Western Waterproofing Co. Inc.
Claim preclusion barred owner's lawsuit against roofing company where jury found against owner in a previous lawsuit dealing with the same claimed harm.
Civil Procedure 2DCA/8 Jan. 23, 2023
Iyere v. Wise Auto Group
Arbitration agreement was not unconscionable merely because it stated that it was governed by the Federal Arbitration Act.
Arbitration 4DCA/1 Jan. 23, 2023
People v. Davis
Defendant's voluntary enrollment in a residential drug treatment program could not be credited to his prison term for rape because the stay was not custodial and unrelated to the charge.
Criminal Law and Procedure 1DCA/1 Jan. 23, 2023
Marriage of Destiny C. and Justin C.
Family Code Section 3044's presumption against awarding custody to abusers only pertains to current abuse--those occurring within five years of the family court's findings, as opposed to five years prior to filing the petition.
Family Law 4DCA/1 Jan. 23, 2023
Wu v. Public Employment Relations Bd.
Educators Union did not breach duty of fair representation when it refused to represent a substitute teacher not protected under the collective bargaining agreement in her case against the School District.
Education 3DCA Jan. 23, 2023
Grier v. Finjan Holdings
Shareholder's securities fraud class action suit failed to meet Securities Exchange Act Section 14(e)'s subjective falsity requirement even though it only required proving a reasonable and not strong inference of falsity.
Securities 9th Jan. 23, 2023
People v. Morgan
Defendant's prior vehicular manslaughter convictions could not be used to enhance his current misdemeanor DUI charges to a felony because enhancement statute did not specifically include the prior violations.
Criminal Law and Procedure 4DCA/1 Jan. 23, 2023
Save Our Capitol v. Department of General Services
Because the Historic Capital project description significantly changed from the recirculated draft environmental impact report to the final EIR, it ran afoul of CEQA.
Environmental Law 3DCA Jan. 20, 2023
People v. Silva
Defendant was liable under the recently amended felony-murder rule since he participated in a deadly gang stabbing attack that he knew was likely to cause death.
Criminal Law and Procedure 5DCA Jan. 20, 2023
In re D.P.
While parents' appeal of a finding of neglect was moot, a court may still exercise discretionary review if it believes review will protect the child and preserve the family.
Dependency CASC Jan. 20, 2023
In re Marriage of D.H. and B.G.
In defining a child's "full-time" student status for termination of child support, courts are to consider the school calendar of the school that child attends to make its determination.
Family Law 4DCA/1 Jan. 19, 2023
Shulman v. Kaplan
Cannabis business owners lacked standing to pursue Racketeer Influenced and Corrupt Organizations Act claims because statute's protection of "business or property" did not cover federally illegal cannabis businesses.
Criminal Law and Procedure 9th Jan. 19, 2023
Adanna Car Wash Corp. v. Gomez
Employer's posting of Labor Code Section 2055 surety bond to operate a car wash did not also qualify as a bond for appeal of a Labor Commissioner decision.
Employment Law 2DCA/5 Jan. 19, 2023
Amended Opinion: In re Jane Doe
The 72-hour deadline for considering an aggrieved victim's mandamus petition imposed by the Crime Victims' Rights Act is not a jurisdictional deadline.
Criminal Law and Procedure 9th Jan. 19, 2023
Iloh v. The Regents of the University of California
The public's interest in communications between a public university and a research professor regarding published articles outweighed a possible chilling effect on academic freedom.
Public Records Act 4DCA/3 Jan. 18, 2023
People v. Nash
Defendant was not adequately put on notice of sentencing enhancement for committing lewd act on two victims under 14 years old since the pleadings never mentioned the relevant enhancement provision.
Criminal Law and Procedure 4DCA/1 Jan. 18, 2023
Brubaker v. Strum
Request for an order determining support arrearage was not prohibited even though the support obligor's employer was under a wage assignment order.
Family Law 2DCA/7 Jan. 18, 2023
Opara v. Yellen
Former IRS agent failed to establish discrimination claim when the direct evidence largely supported her termination based on unauthorized inspections of tax return information.
Employment Discrimination 9th Jan. 18, 2023
U.S. v. Lillard
Defendant's Sixth Amendment right to counsel of choice was not violated when the Government seized funds in his untainted inmate trust account pursuant to a valid restitution order.
Constitutional Law 9th Jan. 18, 2023
Sarah K. v. Superior Court (Sonoma County Human Services Department)
Terminating reunification services was appropriate where juvenile court found returning child to mother's custody would be detrimental, even though detriment did not result from original actions that led to removal.
Dependency 1DCA/2 Jan. 18, 2023
Modification: Natomas Unified School v. Sacramento County Bd.
District panel abused its discretion by failing to review all evidence of middle schooler's "continuing danger" in its decision to suspend student who brought a BB gun to school.
Education 3DCA Jan. 18, 2023
Aguilar v. Mandarich Law Grp.
As the federal equivalent of the state's Fair Debt Collection Practices Act requires showing that the violation was material, the state statute also requires the same objective standard.
Anti-SLAPP 6DCA Jan. 18, 2023
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. 18, 2023
Modification: People v. Sherman
Defendant's conviction for dissuading a victim was affirmed since his attempt to prevent access to her phone could reasonably be considered an attempt to prevent her from calling the police.
Criminal Law and Procedure 1DCA/4 Jan. 17, 2023
People v. Superior Court (Cortez)
Prisoner's small clandestine notes sent in an envelope to his attorney were not protected by the attorney-client privilege because the notes were unrelated to legal representation.
Prisoners' Rights 6DCA Jan. 17, 2023
Antonyuk v. Nigrelli
Order
USSC Jan. 13, 2023
Washington State Health Care Authority v. Centers for Medicare & Medicaid Services
The state of Washington's plan to amend its statutes to allow Medicaid payment for dental health aide therapists did not violate Medicaid's free choice provision.
Health Care 9th Jan. 13, 2023
Amended Opinion: Singh v. Garland
Substantial evidence did not support the Board of Immigration Appeals' determination that the harm petitioner suffered did not rise to the level of persecution.
Immigration 9th Jan. 13, 2023
Smalley v. Subaru of America, Inc.
Lemon law 998 offer that exceeded amount of actual judgment awarded and carried reasonable prospect of acceptance at the time it was made was reasonable and made in good faith.
Civil Procedure 4DCA/3 Jan. 13, 2023
Law Office of Carlos R. Perez v. Whittier Union High School Dist.
Firm submitting California Voting Rights Act demand letter requesting conversion to district-based voting does not have to show prospective plaintiff incurred expenses associated with the letter to receive statutory reimbursement.
Government 2DCA/8 Jan. 13, 2023