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Name Category Published
Friends of Alaska National Wildlife Refuges v. Haaland
Secretary of the Interior had authority under the Alaska National Interest Lands Conservation Act to approve a land-exchange agreement that would balance environmental needs with the economic and social needs of Alaska natives.
Environmental Law 9th Mar. 17, 2022
Raines v. U.S. Healthworks Medical Group
Order
9th Mar. 17, 2022
State Farm Mutual Automobile Insurance Company v. Robinson
An arbitration award could not be vacated where the arbitrator relied on a trial court discovery ruling and plaintiff failed to properly challenge the discovery ruling.
Arbitration 1DCA/1 Mar. 16, 2022
Ramsden v. Peterson
The trial court properly applied best interests of the child standard and approved parent's move-away request when she showed that changes in circumstances supported that it was in the child's best interests.
Family Law 2DCA/6 Mar. 16, 2022
People v. Guerrero
Courts must consider youth-related mitigating factors enumerated in Penal Code Section 190.3 to adequately exercise sentencing discretion.
Criminal Law and Procedure 2DCA/7 Mar. 16, 2022
People v. Magana
Defendant had a colorable equal protection challenge where involuntary commitments for sexually violent predators lacked the jury right advisements required for other involuntary commitments.
Criminal Law and Procedure 2DCA/7 Mar. 16, 2022
In re Brown
Courts must apply *Humphrey* framework for bail determinations even where defendants are charged with serious, violent felonies and it does not require unusual circumstances to merit its use.
Criminal Law and Procedure 2DCA/7 Mar. 16, 2022
People v. Lopez
The trial court had discretion to impose concurrent, rather than consecutive, sentences on defendant's specified felony sex crime convictions.
Criminal Law and Procedure 2DCA/7 Mar. 16, 2022
People v. Harden
A Penal Code Section 1170.95 petition to vacate a felony murder conviction must be denied if legal determinations from a prior appellate opinion refute defendant's petition as a matter of law
Criminal Law and Procedure 4DCA/1 Mar. 15, 2022
Lee v. Amazon.com, Inc.
The trial court erred in finding Amazon immune from liability, by virtue of the Communications Decency Act, for failure to provide Proposition 65 warnings on face creams containing mercury and sold by third parties.
Consumer Law 1DCA/2 Mar. 15, 2022
Federal Housing Finance Agency v. Saticoy Bay
Order
9th Mar. 15, 2022
DePuy Synthes Sales v. Howmedica Osteonics
California law granting employees the option to void a forum-selection clause governed because it was not within the scope of nor contrary to federal transfer motion law.
Employment Law 9th Mar. 15, 2022
Doe v. Brightstar Residential Incorporated
The trial court erred in excluding a police report as double hearsay because the party-opponent exception and the official records exception made each level of hearsay admissible.
Evidence 2DCA/8 Mar. 14, 2022
In re D.P.
The juvenile court's determination that the parental-benefit exception did not apply was erroneous where evidence supported the exception and there was no analysis explaining why the evidence was not credible.
Juveniles 3DCA Mar. 14, 2022
Tan v. Superior Court (People)
Vehicle Code Section 23640's prohibition on misdemeanor diversion for DUIs supersedes Penal Code Section 1001.95's allowance for diversion of non-enumerated misdemeanors
Criminal Law and Procedure 1DCA/1 Mar. 14, 2022
Bonelli v. Grand Canyon University
Former university student's civil rights claims' limitations period began when the incidents occurred and were therefore untimely.
Civil Rights 9th Mar. 14, 2022
People v. Diaz
Defendant could not vacate his plea agreement since he could not prove that he did not understand the plea's immigration consequences and would have rejected it had he understood.
Criminal Law and Procedure 2DCA/5 Mar. 11, 2022
People v. Breceda
A trial court did not violate defendant's right to a fair trial by denying his motion for a mistrial based on a 73-day delay after the close of the prosecution's case-in-chief caused by the COVID-19 pandemic.
Criminal Law and Procedure 4DCA/3 Mar. 11, 2022
Meinhardt v. City of Sunnyvale
In determining the dispositive nature of a writ of mandate, even if the writ resembles an order, when it determines the rights of the parties it is considered a final judgment and is therefore appealable.
Civil Procedure 4DCA/1 Mar. 11, 2022
SNJ Limited v. Commissioner of Internal Revenue
That the Tax Commissioner incorrectly or unnecessarily sent a second Notice of Final Partnership Administrative Adjustment did not necessarily invalidate the issuance of earlier notices.
Tax 9th Mar. 11, 2022
Gray v. Hudson
Plaintiffs cannot prove substantial similarity between songs since an eight-note repeating instrumental figure is an uncopyrightable musical building block
Copyright 9th Mar. 11, 2022
John Doe v. Snyder
The district court's denial of John Doe's mandatory preliminary injunction, requesting the court to order Medicaid to pay for Doe's male chest reconstruction surgery, was not clear error.
Civil Procedure 9th Mar. 11, 2022
Modification: People v. Wright
Denial of defendant's motion to represent himself at trial for being untimely was not an abuse of discretion when the motion was made two days before trial and appeared to be an attempt at an unjustifiable delay.
Criminal Law and Procedure CASC Mar. 11, 2022
Abdelqader v. Abraham
A trial court erred by failing to provide a statement of reasons addressing why the rebuttable presumption, arising in any situation in which a finding of domestic violence has been made, had been rebutted.
Family Law 4DCA/1 Mar. 11, 2022
White v. Wear
The trial court erred in amending allegations in an elder abuse restraining order petition to prohibit defendant from possessing firearms and ammunition.
Torts 4DCA/2 Mar. 10, 2022
Valdez Amador v. Garland
Because the modified categorical approach no longer applied, the court remanded to the Board of Immigration Appeals to determine if consensual intercourse obtained through fraud falls under the generic federal offense.
Immigration 9th Mar. 10, 2022
McDougall v. County of Ventura
Order
9th Mar. 10, 2022
People v. Pacheco
Denial of defendant's petition to vacate his murder conviction was reversed because the jury instruction did not require jurors to find that defendant directly aided and abetted the target crime of murder.
Criminal Law and Procedure 4DCA/3 Mar. 10, 2022
Moore v. Harper
Opinion
USSC Mar. 9, 2022
Monterey Coastkeeper v. Central Coast Regional Water Quality Control Bd.
A claim requesting the court to order the State Water Resources Control Board to review regional boards' actions did not allege a dispute amenable to resolution through declaration.
Civil Procedure 3DCA Mar. 9, 2022