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Name Category Published
Honchariw v. FJM Private Mortgage Fund, LLC
Late-payment fee in loan constituted an unlawful penalty pursuant to Civil Code Section 1671 since the interest rate on the late payment was measured against the entire unpaid loan balance. 		Contracts 1DCA/3 Oct. 3, 2022
Bates v. Poway Unified School Dist.
School district improperly used bond reimbursement funds for new outlay expenditures rather than for retiring the bonds. 		Education 4DCA/3 Oct. 3, 2022
People v. Boukes
Where evidence supported that defendant would not have obtained a more favorable result even if his case had been bifurcated, any resulting error was harmless, not meriting reversal. 		Criminal Law and Procedure 4DCA/2 Oct. 3, 2022
People v. Nonaka
Civil settlement and release of liability between defendant and victim did not relieve defendant of his obligation to pay restitution for victim's economic loss resulting from attorney fees and costs. 		Criminal Law and Procedure 2DCA/6 Oct. 3, 2022
International Union of Operating Engineers, Local 39 v. Macy's, Inc.
Labor Code Section 1138's heightened standard requires clear, unequivocal, and convincing proof of actual misconduct participation or authorization by union leadership to survive an anti-SLAPP motion. 		Anti-SLAPP 1DCA/4 Oct. 3, 2022
Daniel C. v. White Memorial Medical Center
When determining California Department of Health Care Services' lien award on Medi-Cal beneficiary's wrongful life settlement, trial court erred by failing to distinguish between past medical expenses and other damages. 		Health Care 2DCA/3 Sep. 30, 2022
Guzman v. Polaris Industries
Summary judgment was improper where district court lacked equitable jurisdiction and therefore could not make a determination on the merits of the underlying claim. 		Civil Procedure 9th Sep. 30, 2022
Sonner v. Premier Nutrition
District court did not abuse its discretion in denying injunction of state court complaint based on res judicata since the decision to enjoin under the Anti-Injunction Act relitigation exception is discretionary. 		Civil Procedure 9th Sep. 30, 2022
Gable v. Williams
Trial court's exclusion of third party's detailed and compelling confession violated petitioner's due process rights. 		Criminal Law and Procedure 9th Sep. 30, 2022
T.L. v. City Ambulance of Eureka, Inc.
Ambulance company owed a general duty of care to plaintiff who sustained injuries by unbuckling herself and stepping out of a moving ambulance while being transported. 		Torts 1DCA/1 Sep. 30, 2022
Modification: California Water Curtailment Cases
The State Water Resources Control Board did not have the authority to prevent pre-1914 appropriative and riparian water rights holders from diverting water in the time of a severe drought. 		Water Rights 6DCA Sep. 30, 2022
Espinoza v. Superior Court (Centinela Skilled Nursing & Wellness Centre West)
Code of Civil Procedure Section 1281.97, requiring timely payment of arbitration fees, required strict application of its deadline and was not preempted by the Federal Arbitration Act. 		Arbitration 2DCA/1 Sep. 29, 2022
Johnson v. City of Grants Pass
Under the Eight Amendment's Cruel and Unusual Punishment Clause, homeless individuals may not be prosecuted for protecting themselves against the elements. 		Constitutional Law 9th Sep. 29, 2022
In Re Apple Inc. Device Performance Litigation
Class action settlement was vacated and remanded because the district court applied the wrong legal standard and ignored precedent requiring a heightened fairness inquiry prior to class certification. 		Civil Procedure 9th Sep. 29, 2022
Save the Bull Trout v. Williams
Environmentalist plaintiffs' claims were precluded because claim preclusion barred subsequent filings of claims that were subject to a denial of leave to amend. 		Civil Procedure 9th Sep. 29, 2022
Starr v. Mayhew
Arbitrator had the power to amend arbitration award to clarify losing party was not entitled to indemnity for fees and costs incurred. 		Arbitration 4DCA/3 Sep. 29, 2022
People v. Lastra
Motion to recuse district attorney and his office was proper because substantial evidence supported the trial court's determination that they were not likely to treat defendant Black Lives Matter protesters fairly. 		Criminal Law and Procedure 2DCA/6 Sep. 29, 2022
Miller v. Roseville Lodge No. 1293
Summary judgment was appropriate where independent contractor's injured employee seeking to hold hirer liable failed to demonstrate hirer exercised retained control or failed to disclose a concealed hazardous condition. 		Torts 3DCA Sep. 29, 2022
Rodriguez v. Parivar, Inc.
Special verdict was defective because the question posed to the jury--how much plaintiff performed exempt duties--was unduly restrictive and did not resolve every controverted issue. 		Employment Law 1DCA/4 Sep. 28, 2022
Environmental Health Advocates, Inc. v. Sream, Inc.
In a Prop 65 case, a bong that could be used to smoke marijuana did not directly expose individuals to cancer-causing chemicals. 		Environmental Law 1DCA/2 Sep. 28, 2022
People v. Lopez
Defendant convicted of robbery demonstrated that he would not have accepted plea subjecting him to mandatory deportation because of his deep personal ties to the U.S. and legal inexperience. 		Criminal Law and Procedure 2DCA/2 Sep. 28, 2022
De La Rosa-Rodriguez v. Garland
Assuming statutory jurisdiction arguendo, petitioner's claim for cancellation of removal had no merit because his only claim for unusual hardship was based on economic detriment to his children. 		Immigration 9th Sep. 28, 2022
Amended Opinion: Kassas v. State Bar of California
Indebtedness arising from a disbarred attorney's obligation to reimburse the State Bar for payments made to victims of the attorney's misconduct is not excepted from bankruptcy discharge. 		Bankruptcy 9th Sep. 27, 2022
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 Sep. 27, 2022
Lara-Garcia v. Garland
Board of Immigration Appeals erred as a matter of law in denying sua sponte reopening because petitioner would have been eligible for relief under Federal First Offender Act had his offense been prosecuted as a federal crime. 		Immigration 9th Sep. 27, 2022
The GEO Group v. Newsom
Because Assembly Bill 32 granted virtual power of review to California in regards to privately-operated immigration detention facilities, it violated the Supremacy Clause. 		Constitutional Law 9th Sep. 27, 2022
Estate of Douglas
Trial court acted within its discretion when it issued order granting motion to correctly note judgment debtor's capacity as an estate administrator nunc pro tunc to date judgment renewal was entered. 		Civil Procedure 3DCA Sep. 26, 2022
Tarrar Enterprises v. Associated Indemnity Corp.
Trial court's decision to sustain insurer's demurrer to insured's original complaint without leave to amend was error even though the complaint did not allege the necessary damage for coverage. 		Civil Procedure 1DCA/2 Sep. 26, 2022
San Luis Obispo Coastkeeper v. Santa Maria Valley Water Conservation District
Where statute allowed for dam's construction "for other purposes," it could be read harmoniously with the Endangered Species Act to allow water release for endangered fish's reproductive migration. 		Environmental Law 9th Sep. 26, 2022
U.S. v. Wright
Person last holding cash before it was seized was not entitled to its return because the government rebutted the presumption he was entitled to lawful possession of the money. 		Criminal Law and Procedure 9th Sep. 26, 2022
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