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Sheetz v. County of El Dorado
In land-use regulation case, traffic impact mitigation fee imposed by county as condition of issuing building permit was subject to the "reasonable relationship" test under Mitigation Fee Act, not the "unconstitutional conditions doctrine."
Real Property 3DCA Oct. 21, 2022
In re A.H.
The Department of Social Services violated alleged father's due process rights by failing to make any reasonable inquiry into his parentage or appraise him of the termination of his parental rights.
Dependency 1DCA/2 Oct. 21, 2022
Killgore v. Specpro Professional Services
Under Section 1102.5(b) of the Whistleblower Act, a protected disclosure includes employees' disclosure of potential violations to those with authority over the employee.
Employment Law 9th Oct. 21, 2022
Wakefield v. Visalus Inc.
Aggregated statutory damages awards are subject to constitutional limitations in extreme situations, even where the per-violation penalty is otherwise constitutional.
Remedies 9th Oct. 21, 2022
Crespin v. Ryan
Order
9th Oct. 21, 2022
Immigrant Rights Defense Council, LLC v. Hudson Insurance Co.
Party suing immigration consultants on behalf of general public could not recover litigation costs from bond guarantor because statute limited recovery to persons damaged by the immigration consultants.
Remedies 2DCA/4 Oct. 20, 2022
Costa v. Road Runner Sports
Consumer did not implicitly consent to arbitration through imputation of his attorney's knowledge of the arbitration provision.
Arbitration 4DCA/1 Oct. 20, 2022
In re Tellez
Ineffective assistance of counsel claim failed because advisement of a potential Sexually Violent Predator Act commitment before pleading guilty to committing a lewd and lascivious act on a child is not constitutionally required.
Criminal Law and Procedure 4DCA/1 Oct. 20, 2022
Allen v. Staples, Inc.
Summary judgment was not appropriate where Equal Pay Act plaintiff-appellant had shown she was paid less than an appropriate male comparator and the defendant failed to provide evidence of its defense.
Employment Discrimination 2DCA/5 Oct. 20, 2022
In re T.O.
Minor was not required to register as a sex offender because he was placed in the custody of a program that was not subject to mandatory registration.
Juveniles 4DCA/2 Oct. 20, 2022
Leger v. R.A.C. Rolling Hills
Residential care facility waived arbitration when its overall actions prior to seeking arbitration manifested an intent not to pursue it.
Arbitration 4DCA/1 Oct. 20, 2022
Dong v. Garland
Where the Immigration Judge's and Board of Immigration Appeals's factual findings are supported by substantial evidence and well-grounded reasoning, their adverse credibility determinations must be kept intact.
Immigration 9th Oct. 20, 2022
People v. Vizcarra
Defendant's petition to vacate his murder conviction and to be resentenced under Penal Code Section 1172.6 was properly denied because aiding and abetting implied malice murder is a valid form of murder liability.
Criminal Law and Procedure 4DCA/1 Oct. 20, 2022
Little v. Commission on Teacher Credentialing
The California Commission on Teacher Credentialing exceeded their jurisdiction by commencing an internal review of three school administrators based on records from a former teacher.
Education 3DCA Oct. 20, 2022
CSV Hospitality Management, LLC v. Lucas
Because the evidentiary hearing for a workplace restraining order was the only time defendant could present his case, the trial court was required to allow defendant's cross-examination of witnesses.
Employment Law 1DCA/1 Oct. 19, 2022
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 Oct. 19, 2022
Golf & Tennis Pro Shop v. Superior Court (Frye)
Although the time period to file notice of a motion to compel further responses does not start upon service of a combination of unverified responses and objections, petitioner's motion was nonetheless untimely.
Civil Procedure 4DCA/3 Oct. 19, 2022
Michaels v. Davis
In a habeas petition, constitutional errors--improperly *Mirandized* confession and ineffective assistance of counsel--were not cumulatively prejudicial.
Criminal Law and Procedure 9th Oct. 19, 2022
Peck v. Montoya
Deputies that did not shoot and kill decedent were entitled to qualified immunity on plaintiff's excessive-force claim because they were not integral participants in the constitutional violation.
Qualified Immunity 9th Oct. 19, 2022
Riley v. Volkswagen Group of America
A high ratio of punitive damages was appropriate where defendant car manufacturer's actions to conceal emissions were highly reprehensible, but resulted in low compensatory damages.
Remedies 9th Oct. 19, 2022
U.S. v. Guerrero
Order
9th Oct. 19, 2022
Amended Opinion: Bax v. Doctors Medical Center of Modesto
Deaf individuals' disability discrimination claim failed when, under the totality of the circumstances, it was shown they were provided auxiliary aids that permitted effective communication.
Disability Discrimination 9th Oct. 19, 2022
People v. Hardin
Denying a youth offender parole hearing to individuals convicted with a special-circumstance finding, but allowing a hearing for individuals convicted without such a finding violated equal protection.
Criminal Law and Procedure 2DCA/7 Oct. 19, 2022
Vigil v. Muir Medical Group IPA
In a medical data breach case, denying class certification was appropriate where each putative class member's right to recover depended on proving that their medical information was actually viewed.
Health Care 1DCA/2 Oct. 19, 2022
Amended Opinion: Hoyos v. Davis
Petitioner did not make a prima facie showing that prosecutor's peremptory strikes of Hispanic prospective jurors were racially discriminatory.
Criminal Law and Procedure 9th Oct. 18, 2022
Miller v. Dept. of Real Estate
Administrative law judge allowing expert testimony from witnesses that were not identified until five days before the hearing did not deprive the accused of a fair hearing.
Administrative Agencies 2DCA/7 Oct. 18, 2022
Amended Opinion: 350 Montana v. Haaland
Department of Interior's finding of no significant environmental impact required more analysis than potential greenhouse gas emissions being "minor" relative to other global emissions sources.
Environmental Law 9th Oct. 17, 2022
Gormley v. Gonzalez
Liquidated damages provision in settlement agreement was enforceable where the agreement appeared to be the result of bargaining between parties of equal bargaining power.
Contracts 3DCA Oct. 14, 2022
Modification: McCullar v. SMC Contracting, Inc.
Subcontractor retained responsibility for its employee's workplace injury even though the general contractor created the hazard.
Torts 3DCA Oct. 14, 2022
Tracy Rural County Fire v. Local Agency Formation
County local agency formation commissions do not have statutory authority to initiate resolutions effectuating organizational changes including territory annexations or detachments to the city.
Municipal Law 3DCA Oct. 14, 2022