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Name Category Published
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
U.S. v. Higuera
District court erred by failing to make reliability findings on three gang expert witnesses, but the error was harmless because testimony was based on witnesses' extensive experience.
Criminal Law and Procedure 9th Oct. 14, 2022
Modification: Johar v. California Unemployment Insurance Appeals Board
When employee takes time off to care for terminally ill grandmother, she left for "good cause" and therefore qualified for unemployment benefits.
Employment Law 1DCA/4 Oct. 13, 2022
Chennette v. Porch.com, Inc.
Contractors using cell phone numbers for both personal and business use who had registered for the national do-not-call database were presumptively residential subscribers entitled to consumer protections.
Consumer Law 9th Oct. 13, 2022
Eaton v. Blewett
Prisoner was entitled to appeal his grievance to federal court as his options to exhaust administrative remedies were effectively unavailable given the circumstances presented by the prison.
Prisoners' Rights 9th Oct. 13, 2022
Mendoza v. Strickler
Oregon's system of suspending the driver's licenses of persons who fail to pay fines did not punish indigent individuals solely on the basis of their poverty.
Constitutional Law 9th Oct. 13, 2022
Mendez-Colin v. Garland
Order
9th Oct. 13, 2022
Singh v. Garland
Order
9th Oct. 13, 2022
Modification: People v. Garcia
Trial court properly denied motion for mistrial based on midtrial continuance for mandatory COVID-19 suspension order since the timing and circumstances of the continuance did not prejudice the jury.
Criminal Law and Procedure 1DCA/5 Oct. 12, 2022
U.S. v. Saelee
District court correctly denied defendant's motion to suppress because agents executed a search warrant that was both sought and issued independently of alleged Fourth Amendment violations.
Criminal Law and Procedure 9th Oct. 12, 2022
Amended Opinion: Al Saud v. Days
Denying prisoner's request to be housed only with other Muslims was the least restrictive means of avoiding equal protection liability that comes with classifying prisoners based on religious beliefs.
Prisoners' Rights 9th Oct. 12, 2022
Mobilize the Message LLC v. Bonta
Political campaign services' First Amendment rights were not violated by Assembly Bill 5 as the bill's application would only incidentally affect professions involving speech.
Civil Rights 9th Oct. 12, 2022
Amended Opinion: Center for Community Action v. Federal Aviation Administration
Petitioners seeking review of a Federal Aviation Administration Final Environmental Assessment finding bear the burden of showing missteps on the part of the FAA.
Environmental Law 9th Oct. 12, 2022
Conservatorship of A.A.
A public guardian could receive a one-year Murphy conservatorship over appellant since there was a finding of probable cause when appellant pled guilty to vehicular manslaughter.
Conservatorship 1DCA/1 Oct. 12, 2022
Young v. Midland Funding, LLC
Debtor plaintiff would likely prevail on the merits of her Rosenthal Act cause of action against creditor because plaintiff made a prima facie showing that she was not served with process by substituted service.
Anti-SLAPP 1DCA/4 Oct. 11, 2022
In re G.H.
Social services failure to attempt to contact estranged paternal grandmother regarding suggested Native American ancestry required reversal of the termination of parental rights.
Dependency 4DCA/3 Oct. 10, 2022
Enterprise Rent-A-Car of L.A. v. Superior Court (Grigoryan)
Rental car agency was not negligent in relying on renter's foreign driver's license and local California address to rent car involved in accident.
Torts 2DCA/4 Oct. 10, 2022
Today's IV, Inc. v. L.A. County Metropolitan Transportation Authority
Hotel owner had no cause of action for inverse condemnation against city's construction of an underground subway line as the impairment to the hotel's access was temporary, due to actual construction work, and not unreasonable.
Municipal Law 2DCA/8 Oct. 7, 2022
Kruthanooch v. Glendale Adventist Medical Center
In an Elder Abuse Act case, substantial evidence did not support that medical center had a robust caretaking or custodial relationship with elderly patient.
Torts 2DCA/3 Oct. 7, 2022
County of San Bernardino v. Mancini
San Bernardino ordinance preventing cannabis sales did not create a substantial burden on religious group that consumes cannabis as sacraments because selling cannabis was not a religious activity of the group.
Civil Rights 4DCA/2 Oct. 7, 2022
Amy's Kitchen v. Fireman's Fund Insurance Co.
Insured should have been granted leave to amend the complaint because the trial court never considered whether it could amend to properly allege a "communicable disease event" under property insurance policy.
Civil Procedure 1DCA/4 Oct. 6, 2022
People v. Johnson
Penal Code Section 12022.5(a) allows trial courts broad discretion to impose lesser uncharged firearm enhancements when it strikes firearm enhancement convictions through Section 12022.5(b).
Criminal Law and Procedure 3DCA Oct. 6, 2022
Ochoa v. Davis
Potential jurors were properly excluded for cause because prosecutor's bank robbery hypothetical during voir dire was neither "egregious" or "misleading".
Criminal Law and Procedure 9th Oct. 6, 2022
Save Our Skies LA v. Federal Aviation Administration
Although petition challenging Federal Aviation Administration orders updating flight procedures was timely, it was not timely for challenging the substance of earlier versions of those same orders.
Administrative Agencies 9th Oct. 6, 2022