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Name Category Published
Creditors Adjustment Bureau v. Imani
A stipulated judgment, which lessee agreed to accept to settle breach of lease agreement, was the exact amount of damages suffered, not a penalty or liquidated damage provision.
Contracts 2DCA/6 Aug. 10, 2022
Dept. of Fair Housing and Employment v. Cisco Systems, Inc.
Department of Fair Employment and Housing can not be compelled to arbitrate an employment discrimination lawsuit merely because the affected employee agreed to arbitrate disputes with the employer.
Arbitration 6DCA Aug. 9, 2022
Dept. of Fair Employment and Housing v. Superior Court (Cisco Systems)
When determining whether a party may proceed pseudonymously, the court must take all relevant considerations into account, including the specific risk of retaliatory harm to family members outside the jurisdiction.
Civil Procedure 6DCA Aug. 9, 2022
Fisher v. County of Orange
County's assessor did not err in assessing the value of mobilehome property by subtracting the estimated value of the mobilehome from the total purchase price.
Tax 4DCA/3 Aug. 9, 2022
People v. Strong
Findings issued before *People v. Banks* do not categorically preclude a defendant convicted of felony murder with a special-circumstance finding from resentencing.
Criminal Law and Procedure CASC Aug. 9, 2022
White v. Kijakazi
Where claimant for disability benefits presents evidence of job-number estimates vastly disparate from vocational expert's yet allegedly using the same methodology, remand was required to resolve the inconsistency.
Administrative Agencies 9th Aug. 9, 2022
Kennedy v. Bremerton School District
Order
9th Aug. 9, 2022
People v. Lopez
Assembly Bill No. 333's amendments to the definition of a criminal street gang applied to the voter-enacted gang conspiracy statute.
Criminal Law and Procedure 5DCA Aug. 8, 2022
Alfaro v. Waterhouse Management Corp.
Anti-SLAPP motion was denied because the filing of the malicious prosecution lawsuit did not form the basis of respondent's retaliation claim.
Anti-SLAPP 2DCA/6 Aug. 8, 2022
Modification: People v. Ayon
Trial court erred in denying defendant's motion to suppress where objective facts showed that the police's true reason for traffic stop was to search for drugs and they prolonged the stop to wait for the narcotics dog.
Criminal Law and Procedure 6DCA Aug. 8, 2022
Montiel v. Chappell
Even assuming counsel's deficient performance, state court ruling was not so lacking in justification that it met the demanding standard required to overturn it under AEDPA.
Criminal Law and Procedure 9th Aug. 8, 2022
Hernandez v. City of Phoenix
Phoenix police officer's personal Facebook posts denigrating Muslims and Islam warranted First Amendment protection because they qualified as speech on matters of public concern.
Civil Rights 9th Aug. 8, 2022
Troncoso-Oviedo v. Garland
Pretrial detention that is not credited toward a defendant's sentence is not confinement "as a result of conviction" that would make an alien ineligible for cancellation of removal.
Immigration 9th Aug. 8, 2022
Fauber v. Davis
Defendant was not entitled to habeas relief because no clearly established federal constitutional law holds that an unaccepted plea offer qualifies as evidence in mitigation that must be admitted in a capital penalty proceeding.
Criminal Law and Procedure 9th Aug. 8, 2022
People v. Vang
Felony-murder amendment applies in all felony murder cases, not just those with accomplice liability.
Criminal Law and Procedure 3DCA Aug. 8, 2022
California State Water Resources Control Board v. Federal Energy Regulatory Commission
California Water Resources Control Board was not engaged in coordinated effort with hydroelectric water project applicants to delay federal certification because it merely acquiesced to the applicants' decisions.
Environmental Law 9th Aug. 5, 2022
Brennon B. v. Superior Court (West Contra Costa Unified School District)
Student was not entitled to enhanced remedies available under the Unruh Civil Rights Act because a public school district is not a "business establishment" within the meaning of the Act.
Disability Discrimination CASC Aug. 5, 2022
Broad Beach Geologic Hazard v. 31506 Victoria Point LLC
The Right to Vote on Taxes Act required assessing agency to separate and quantify general benefits from a widened beach and assess only the portion of the cost on homeowners that represented special benefits.
Tax 2DCA/4 Aug. 4, 2022
McGucken v. Pub Ocean Ltd.
Publisher's unlicensed use of twelve photographs in nature article was not entitled to a fair use defense because all four statutory factors weighed against fair use.
Copyright 9th Aug. 4, 2022
Montes v. Young Men's Christian Assn. of Glendale, CA
Defendant owed no duty of care to plaintiff who willingly chose to encounter open and obvious dangerous condition without any practical necessity.
Torts 2DCA/8 Aug. 4, 2022
Modification: Friend of Camden v. Brandt
Under Corporations Code Section 17707.01, a successful vote to dissolve a limited liability corporation extinguished defendants' rights to otherwise purchase plaintiff's interest to avoid dissolution.
Corporations 2DCA/8 Aug. 4, 2022
Brawerman v. Loeb & Loeb LLP
Work done by an attorney who was not licensed to practice in California did not invalidate an entire retainer agreement, and therefore the agreement's arbitration provision remained enforceable.
Arbitration 2DCA/8 Aug. 4, 2022
Martinez v. Cot'n Wash, Inc.
No violation of the Unruh Civil Rights Act for maintaining a retail website inaccessible to the visually impaired because website was not a "place of public accommodation" under the ADA.
Disability Discrimination 2DCA/1 Aug. 3, 2022
U.S. v. State of Washington
Order
9th Aug. 3, 2022
U.S. v. Brown
Denial of a sentence reduction was not an improper enhancement of a sentence based upon information disclosed in a safety valve proffer.
Criminal Law and Procedure 9th Aug. 3, 2022
Amended Opinion: J.K.J. v. City of San Diego
A plaintiff failed to plausibly allege that an officer violated a detainee's constitutional right to adequate medical treatment.
Civil Rights 9th Aug. 3, 2022
Friend of Camden v. Brandt
Under Corporations Code Section 17707.01, a successful vote to dissolve a limited liability corporation extinguished defendants' rights to otherwise purchase plaintiff's interest to avoid dissolution.
Corporations 2DCA/8 Aug. 3, 2022
In re Ezequiel G.
Courts should review Indian Child Welfare Act inquiry errors under a hybrid substantial evidence/abuse of discretion standard, and reverse only if the error was prejudicial.
Dependency 2DCA/3 Aug. 2, 2022
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 Aug. 2, 2022
Jones Day v. Orrick, Herrington & Sutcliffe
District court had subject matter jurisdiction to enforce petitions to comply with arbitral summonses in a proceeding falling under the New York Convention pursuant to the Federal Arbitration Act.
Arbitration 9th Aug. 2, 2022