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Name Category Published
WV 23 Jumpstart, LLC v. Mynarcik
Personal jurisdiction over judgment debtor is not required for a court clerk to register a sister-state judgment in California where the original trial court had subject matter and personal jurisdiction.
Civil Procedure 3DCA Nov. 22, 2022
Collier v. Lincoln Life Assurance Company of Boston
Adopting rationale for denying disability claim that was not presented to the claimant during the administrative process during de novo review was error that undermined ERISA protections.
Insurance 9th Nov. 22, 2022
Rodriguez Diaz v. Merrick Garland, et al
The Due Process Clause did not entitle an alien to a second bond hearing.
Constitutional Law 9th Nov. 22, 2022
Navas v. Fresh Venture Foods, LLC
Grocery store's arbitration agreement signed by employees was procedurally and substantively unconscionable because it provided harsh, one-sided terms on a take it or leave it basis.
Arbitration 2DCA/6 Nov. 22, 2022
Holt v. Brock
Court-appointed broker had quasi-judicial immunity when it acted as agent for the court in settling property dispute between siblings.
Immunity 3DCA Nov. 22, 2022
Dept. of Finance v. Commission on State Mandates
Local governments had authority to levy a fee for costs of street sweeping because the state-imposed cost, as a condition for stormwater discharge permit, was not a reimbursable mandate under the California Constitution.
Government 3DCA Nov. 22, 2022
Cover Right Roofing, Inc. v. State Compensation Insurance Fund
Workers' compensation insurer was not obligated to provide notice to insured employer of higher base rate resulting from employer's change of governing classification.
Insurance 4DCA/3 Nov. 21, 2022
Loy v. Kenney
Preliminary injunction was appropriate where trial court concluded plaintiffs were likely to succeed on the merits and there was an ongoing risk of public harm if the injunction were denied.
Consumer Law 2DCA/8 Nov. 21, 2022
In re: Sandra J. Tillman
Chapter 7 trustee could not avoid Internal Revenue Service tax penalty lien on debtor's exempt interest in real property, and thus could not preserve the value of the tax penalty lien for the benefit of the estate.
Bankruptcy 9th Nov. 21, 2022
Valdez v. Costco Wholesale Corp.
Costco gas station attendant who stopped fight between customers was immune from liability under the Good Samaritan statute.
Torts 2DCA/2 Nov. 21, 2022
Bull Field, LLC v. Merced Irrigation Dist.
Merced Irrigation District did not make an arbitrary decision to refuse to sell appellants surplus surface water since appellant's principal was difficult to do business with.
Water Rights 2DCA/2 Nov. 21, 2022
People v. O'Day
Lack of knowledge of possible remedy was not good cause to justify defendant's delay of over a decade in filing petition for finding of actual innocence.
Criminal Law and Procedure 1DCA/3 Nov. 21, 2022
People v. Monroe
Defendant's new sentence was vacated because trial court did not conduct full resentencing when it failed to apply all changes in the law that provided for judicial discretion regarding enhancements.
Criminal Law and Procedure 1DCA/2 Nov. 18, 2022
Smartt v. Kijakazi
In denying application for social security benefits, administrative law judge did not err in discounting opinion of treating physician, because "extreme limitations" described by physician were incompatible with objective medical evidence.
Administrative Agencies 9th Nov. 18, 2022
U.S. v. Nishida
Supervised release conditions unlawfully delegated to a probation officer the discretion as to whether to require inpatient or outpatient treatment.
Criminal Law and Procedure 9th Nov. 18, 2022
People v. Henderson
Passage of the Three Strikes Reform Act did not alter courts' authority to impose concurrent terms for felonies committed on the same occasion or same operative facts.
Criminal Law and Procedure CASC Nov. 18, 2022
Yahoo Inc. v. National Union Fire Insurance Co. of Pittsburgh, PA
Violating a person's right to privacy may fall under general commercial liability insurance policy containing ambiguous provisions.
Insurance CASC Nov. 18, 2022
People v. Miranda-Guerrero
Defendant knowingly waived his *Miranda* rights with minimal answer despite his lack of education and broken English based on the totality of the circumstances.
Criminal Law and Procedure CASC Nov. 18, 2022
Apache Stronghold v. U.S.
Order
9th Nov. 18, 2022
Modification: Tariwala v. Mack
The merger of title doctrine did not automatically apply to recorded driveway easement where the result would render the property worthless as the easement was the only access to the road.
Real Property 2DCA/6 Nov. 21, 2022
Modification: Shapell Socal Rental Properties v. Chico's FAS
In an unlawful detainer action, plaintiff's counsel breached its ethical and statutory obligation to advise opposing counsel of the intent to seek entry of a default judgment.
Civil Procedure 4DCA/3 Nov. 17, 2022
Shoop v. Cunningham
Order
USSC Nov. 17, 2022
Farlow v. Kijakazi
Administrative law judge properly denied plaintiff's request for disability benefits since they cited specific medical evidence to contradict non-examining physician's medical opinion.
Administrative Agencies 9th Nov. 17, 2022
Borden v. EFinancial LLC
No violation of Telephone Consumer Protection Act when company used a random number generator to select numbers from a list to send text messages to.
Consumer Law 9th Nov. 17, 2022
Villalobos v. City of Santa Maria
No reasonable juror could find that police officers were negligent or had acted unreasonably in a shooting that resulted in the death of an individual who refused to drop a knife.
Civil Rights 2DCA/6 Nov. 17, 2022
Thompson v. County of Los Angeles
Denial of leave to amend was appropriate where amending complaint would be fruitless because plaintiff could not identify any mandatory duty that defendant public entity failed to discharge.
Torts 2DCA/8 Nov. 17, 2022
Hobbs v. City of Pacific Grove
City ordinance mandating a randomized lottery system to revoke short-term rental licenses did not violate procedural due process because it was a legislative action that involved no discretion or judgment.
Constitutional Law 6DCA Nov. 16, 2022
Prescott v. Santoro
Despite letters identifying other individuals as the shooter, considering the record as a whole meant petitioner could not meet burden of showing state court's denial of habeas petition was unreasonable.
Criminal Law and Procedure 9th Nov. 16, 2022
Atlantic Richfield Co. v. California Regional Water Quality
Substantial evidence supported the conclusion that a parent company exercised eccentric control over mining operations and thus was directly liable for pollution as an operator of a polluting facility owned by a subsidiary.
Environmental Law 3DCA Nov. 16, 2022
Punchbowl Inc. v. AJ Press LLC
Political news publication's use of the name "Punchbowl News" was a protected expressive work that did not infringe on a different "Punchbowl" trademark.
Intellectual Property 9th Nov. 15, 2022