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Bliss Sequoia Insurance & Risk Advisors Inc. v. Allied Property & Casualty Insurance Co.
Under Oregon law, the phrase "because of bodily injury" in insurance policy included only damages reasonably or foreseeably resulting from bodily injury, not just any that may arise in lawsuits connected to someone's injury.
Insurance 9th Oct. 28, 2022
Council for Education and Research v. Starbucks Corp.
Where Section 998 offer required a general release that encompassed claims beyond the scope of the litigation, the compromise offers were invalidated and trial court erred in denying taxing of costs.
Civil Procedure 2DCA/4 Oct. 28, 2022
Trujillo v. City of Los Angeles
A Section 998 offer to settle becomes inoperative once the court issues a summary judgment ruling, whether written or oral.
Civil Procedure 2DCA/2 Oct. 28, 2022
People v. Duran
Section 1172.6 evidentiary hearing for resentencing did not disturb defendant's final judgment of conviction, so the privilege against self-incrimination, and therefore the use immunity doctrine, did not apply.
Criminal Law and Procedure 2DCA/2 Oct. 28, 2022
People v. Picazo
Statute allowing support dogs was not specific to only children, but may also be used by adult victims whose anxiety could be reduced by the dog's presence.
Criminal Law and Procedure 1DCA/2 Oct. 27, 2022
Figueroa v. FCA US
Manufacturer had no right to net cash from consumer's sale of defective vehicle that only occurred dur to manufacturer's refusal to replace the vehicle as required by the Song-Beverly Act.
Consumer Law 2DCA/6 Oct. 27, 2022
Limon v. Circle K Stores
Former gas station employee lacked standing to pursue damages in California because he did not suffer any injury under the Fair Credit Reporting Act from receiving an accurate consumer report.
Civil Procedure 5DCA Oct. 27, 2022
K.M. v. Grossmont Union High School Dist.
Treble damages provision in Code of Civil Procedure Section 340.1 for a claim involving a prior cover-up of childhood sexual abuse is not applicable to public school districts.
Civil Procedure 4DCA/1 Oct. 27, 2022
Verdun v. City of San Diego
Under the administrative search exception, tire chalking is not a Fourth Amendment violation and consequently, municipalities are not required to obtain warrants prior to chalking tires.
Constitutional Law 9th Oct. 27, 2022
California Chamber of Commerce v. Council for Education and Research on Toxics
Order
9th Oct. 27, 2022
Defries v. Yamaha Motor Corporation, U.S.A.
Failure to instruct jury on nondelegable duty was prejudicial when plaintiff's theory of the case was based on imputed negligence resulting from manufacturer's nondelegable duty to provide a safe product.
Torts 4DCA/2 Oct. 27, 2022
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 Oct. 27, 2022
Vought Construction Inc. v. Stock
Payor with good faith argument for withholding entire progress payment did not violate statute creating right to withhold up to 150 percent of a disputed amount from a progress payment.
Contracts 1DCA/4 Oct. 26, 2022
Camp v. Home Depot U.S.A., Inc.
A quarter-hour time-rounding policy may be unlawful where the timekeeping system records each punch to the minute.
Employment Law 6DCA Oct. 26, 2022
In re: Jane Doe
18 U.S.C. Section 3663(a)(3) grants statutory authority to district courts to award restitution where a defendant agrees in a plea agreement to pay restitution.
Criminal Law and Procedure 9th Oct. 26, 2022
Adoption of M.R.
Trial court erroneously failed to make Indian Child Welfare Act findings prior to freeing child from father's custody and control under Probate Code Section 1516.5 and Family Code Section 7822.
Family Law 3DCA Oct. 25, 2022
U.S. v. Kabir
District court properly imposed a 300-month sentence on defendant since he was an "organizer" of a terrorist conspiracy who influenced others to take concrete actions against the United States.
Criminal Law and Procedure 9th Oct. 25, 2022
Cadena v. Customer Connexx LLC
Where waiting for computer to boot up and log in to timekeeping program was necessary to perform call center duties, time spent waiting for the boot up and log in was compensable under the Fair Labor Standards Act.
Employment Law 9th Oct. 25, 2022
Shayler v. 1310 PCH, LLC
Given the repetitive nature of high-frequency Americans with Disabilities Act litigation, district court provided adequate "concise but clear explanation" of the grounds for decision to significantly reduce award for attorney's fees.
Disability Discrimination 9th Oct. 25, 2022
In re K.H.
Where the juvenile court's finding that the Indian Child Welfare Act did not apply was based on a cursory record and insufficient inquiry, the finding was not supported by substantial evidence.
Dependency 5DCA Oct. 25, 2022
Mendoza-Linares v. Garland
Ninth Circuit lacked jurisdiction to hear petition challenging expedited removal proceedings because of comprehensive jurisdictional limits prohibiting review of expedited proceedings implemented by statute.
Immigration 9th Oct. 25, 2022
Jane Does No. 1-6 v. Reddit Inc.
Reddit was shielded from liability for their users' posts of sexually explicit images of minors because they did not knowingly benefit from the alleged sex trafficking.
Cyber Law 9th Oct. 25, 2022
Parker v. Schwarcz
Plaintiff was not entitled to production of documents and communications from the temporary conservator of her estate since these items were not "real or personal property" under the Probate Code.
probate_and_trusts 1DCA/3 Oct. 24, 2022
City of Los Angeles v. PricewaterhouseCoopers, LLC
Award of monetary sanctions for city's alleged egregious misuse of the discovery process was not authorized by the statutes cited under the Civil Discovery Act.
Civil Procedure 2DCA/5 Oct. 24, 2022
Villareal v. LAD-T, LLC
Defendants' extreme delay in filing a fictitious business name to try to enforce arbitration agreement with former employee may have constituted a waiver of the right to arbitrate.
Arbitration 2DCA/7 Oct. 24, 2022
People v. Schell
Participation in a retaliatory fatal gang attack where the other assailants used weapons to beat the victim was sufficient evidence to support his conviction for second-degree implied malice murder.
Criminal Law and Procedure 2DCA/6 Oct. 24, 2022
People v. Keel
Petition for resentencing was improperly denied because defendant's youth greatly diminished any inference that he acted with reckless indifference to human life.
Criminal Law and Procedure 4DCA/1 Oct. 24, 2022
Lopez v. Garland
The Immigration Judge improperly denied immigrant's application for relief under the Convention Against Torture by disregarding relevant evidence and making unsupported conclusions about the alleged police violence.
Immigration 9th Oct. 24, 2022
Planned Parenthood Federation of America v. Center for Medical Progress
Pro-life activists could not use the First Amendment to shield themselves when they used illegal means to pursue their investigative story against Planned Parenthood.
Constitutional Law 9th Oct. 24, 2022
Modification: Athletics Investment Group v. Dept. of Toxic Substances Control
New Hazardous Waste Control Law provision did not require the Department of Toxic Substances Control to rescind a certification for treated metal-shredder waste as nonhazardous.
Environmental Law 1DCA/3 Oct. 24, 2022