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Name Category Published
Modification: In re Jason V.
Nunc pro tunc order correcting the period of confinement imposed was permissible because the juvenile court was merely effectuating its discretionary decision and not retroactively altering it.
Juveniles 1DCA/2 Aug. 24, 2022
Cam-Carson, LLC v. Carson Reclamation Authority
City of Carson could be held liable for the alleged mismanagement of its environmental agency since highly integrated public entities are not immune from alter ego liability.
Administrative Agencies 2DCA/8 Aug. 24, 2022
In re J.R.
Father had standing to maintain an appeal where welfare department failed to afford mother with constitutionally adequate notice of proceedings to terminate her parental rights in contravention of her due process rights.
Dependency 2DCA/1 Aug. 24, 2022
Gutierrez v. Chopard USA Ltd.
Awarding plaintiff attorney fees and costs was not error where joint stipulation executed by the parties expressly stated defendant would not dispute liability or entitlement to fees and costs.
Remedies 2DCA/5 Aug. 23, 2022
In re Milton
The Gallardo rule does not apply retroactively to cases on collateral review because it is procedural in nature.
Criminal Law and Procedure CASC Aug. 23, 2022
G and G Closed Circuit Events v. Liu
Summary judgment was appropriate where plaintiff failed to provide evidence regarding the method of transmission in a Cable Communications Policy Act and Communications Act claim.
Torts 9th Aug. 23, 2022
U.S. v. Ramirez-Ramirez
Defendant's right to a public trial was violated when the district court made only a written finding of guilt rather than announcing it in a public proceeding.
Criminal Law and Procedure 9th Aug. 23, 2022
People v. Hendrix
Erroneous jury instruction on mistake of fact for burglary was prejudicial because there was more than an abstract possibility the outcome would have been different if the instruction was correct.
Criminal Law and Procedure CASC Aug. 23, 2022
Nguyen v. Frauenheim
Defendant's *Batson* claim on habeas review failed because even if the court were to create a new rule establishing a new cognizable group, it could not be retroactively applied to defendant's claims.
Criminal Law and Procedure 9th Aug. 22, 2022
Chamber of Commerce v. Bonta
Order
9th Aug. 23, 2022
In re J.R.
Termination of a mother's parental rights was affirmed because she failed to present evidence supporting application of the beneficial relationship exception.
Dependency 1DCA/2 Aug. 23, 2022
People v. Nieber
Magistrate's finding that there was insufficient evidence that defendant was a major participant was not comparable to a jury acquittal that would establish eligibility for Penal Code Section 1172.6 resentencing.
Criminal Law and Procedure 4DCA/1 Aug. 23, 2022
Franklin v. Santa Barbara Cottage Hospital
Doctor who performed allegedly negligent back surgery was not an ostensible agent of the hospital because he was expressly not an agent or employee of the hospital and there were no representations to the contrary.
Torts 2DCA/6 Aug. 23, 2022
People v. Salgado
After recall and resentencing, a criminal defendant's judgment is no longer final, so the defendant was entitled to the application of newly enacted, ameliorative laws during resentencing.
Criminal Law and Procedure 4DCA/3 Aug. 22, 2022
Logan v. Country Oaks Partners
Advance health care directive and power of attorney for health care decisions did not authorize appointee with authority to sign an optional arbitration agreement.
Arbitration 2DCA/4 Aug. 22, 2022
Amended Opinion: Transgender Law Center v. Immigration and Customs Enforcement
ICE and DHS did not demonstrate beyond a material doubt the adequacy of their responses to plaintiffs' Freedom of Information Act requests regarding the death of a transgender asylum seeker.
Administrative Agencies 9th Aug. 22, 2022
Young v. Hawaii
Order
9th Aug. 22, 2022
Negrete v. City of Oakland
Mere anticipation of a defense involving a potential federal issue was insufficient for federal question jurisdiction.
Civil Procedure 9th Aug. 22, 2022
Reno v. Davis
Purging of officers' records two months after defendant's first direct appeal did not rise to due process violation as it was not done in bad faith nor was the evidence material.
Criminal Law and Procedure 9th Aug. 22, 2022
Crespin v. Ryan
Life without parole plea for minor defendant violated the Eight Amendment because it stripped the sentencing judge of the discretion to impose a lesser sentence in light of defendant's youth.
Criminal Law and Procedure 9th Aug. 22, 2022
Ho v. Russi
District court erred in sua sponte declining supplemental jurisdiction over Unruh Act claim without providing plaintiff with notice of its intent to dismiss or an opportunity to respond.
Civil Procedure 9th Aug. 22, 2022
Technology Credit Union v. Rafat
Workplace violence restraining order was reversed because there was insufficient evidence to support that bank customer would resort to violence against bank employee.
Torts 6DCA Aug. 19, 2022
Gerlach v. K. Hovnanian's Four Seasons at Beaumont, LLC
Allegedly defective roofs were not "manufactured products" for purposes of the Right to Repair Act because the roofs were not completely manufactured offsite.
Real Property 4DCA/2 Aug. 19, 2022
In re Raul V.
Trial court properly denied reunification services as unlikely to prevent further abuse where mother would not admit to her obvious physical abuse of her child.
Dependency 4DCA/2 Aug. 19, 2022
Potter v. City of Lacey
Order
9th Aug. 19, 2022
Serova v. Sony Music Entertainment
Legal claims predicated on statements made to promote sales of an album were not subject to anti-SLAPP statute because they were quintessential commercial speech that was subject to regulation.
Anti-SLAPP CASC Aug. 18, 2022
Modification: People v. Peyton
Requiring offenders still deemed sexually violent predators to use a two-step process when petitioning for release from commitment under the Sexually Violent Predators Act did not violate due process rights.
Criminal Law and Procedure 2DCA/2 Aug. 18, 2022
Amended Opinion: U.S. v. Hernandez-Garcia
Marine Corps did not violate the Posse Comitatus Act by surveilling defendant north of the California-Mexico border because military assistance to Border Patrol was authorized by the 2016 National Defense Authorization Act.
Immigration 9th Aug. 18, 2022
U.S. v. Rodriguez
At sentencing, district court erred in analyzing whether to apply the minor-role adjustment to defendant convicted of importing methamphetamine into the United States.
Criminal Law and Procedure 9th Aug. 18, 2022
U.S. v. Carter
Pursuant to the holding in Concepcion v. United States, failure to provide any reasons for decision regarding First Step Act sentence reduction motion was reversible error.
Criminal Law and Procedure 9th Aug. 18, 2022