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Name Category Published
In Re Mayer
Order denying a stay-relief motion without prejudice was immediately appealable because it conclusively denied the creditor's relief.
Bankruptcy 9th Mar. 9, 2022
Ballentine v. Tucker
Detective was not entitled to qualified immunity because binding precedent gave fair notice that it would be unlawful to arrest activists, notwithstanding the existence of probable cause.
Civil Rights 9th Mar. 9, 2022
Wooden v. U.S.
Determining whether felonies are part of the same occasion under the Armed Career Criminal Act's requires a multi-factored inquiry that includes timing, location, and the character and relationship of the offenses.
Criminal Law and Procedure USSC Mar. 8, 2022
Doe v. Facebook, Inc.
Order
USSC Mar. 8, 2022
Rogers v. Roseville SH, LLC
Defendants could not compel arbitration since the elderly resident's conduct never manifested an intent for his son to sign the arbitration agreement on his behalf
Arbitration 3DCA Mar. 8, 2022
LA Investments, LLC v. Spix
Mobilehome park's malicious prosecution action prevailed because no reasonable attorney would have imputed nefarious meaning to the park's letter requesting financial information from resident applicant.
Attorneys 2DCA/3 Mar. 8, 2022
Marriage of Zucker
Courts may use the time of enforcement or execution of a premarital agreement when determining whether spousal support limitations of premarital agreements executed between 1986 and 2002 are unconscionable.
Family Law 2DCA/4 Mar. 8, 2022
In re A.C.
The Los Angeles County Department of Children and Family Services' failure to ask readily available extended family members about minor's potential Indian ancestry was prejudicial.
Juveniles 2DCA/1 Mar. 8, 2022
People v. Pixley
Where defendant entered into a plea bargain with a stipulated sentence, he was not eligible for resentencing based on military-service-related post-traumatic stress disorder.
Criminal Law and Procedure 4DCA/2 Mar. 8, 2022
Berroteran v. Superior Court (Ford Motor)
Evidence Code Section 1291(a)(2) articulates a general rule in favor of introducing prior trial testimony, but against introducing prior deposition testimony.
Evidence CASC Mar. 8, 2022
Sheen v. Wells Fargo Bank
Banks do not have a duty of care to process, review and respond completely to loan modification applications.
Banking CASC Mar. 8, 2022
In Re Dynamic Random Access Memory Indirect Purchaser Antitrust Litigation
Plaintiffs failed to state a conspiracy claim when the allegations showed that the competitors were reacting to the same market pressures and taking similar actions that served their interests.
Antitrust 9th Mar. 8, 2022
Harbor Breeze v. Newport Landing Sportfishing
An order denying disgorgement of profits in a false advertising claim was reversed because the jury instructions failed to recite the correct legal standard.
Remedies 9th Mar. 8, 2022
Chui v. Chui
A settlement agreement was not unconscionable because appellant's theory of "winning by losing at trial" was based on a misconception of law.
probate_and_trusts 2DCA/1 Mar. 7, 2022
People v. Gonzalez
A statute criminalizing possession of a loaded, operable firearm while also in possession of controlled substances did not violate the Second Amendment right to bear arms.
Criminal Law and Procedure 4DCA/2 Mar. 7, 2022
Pappas v. Chang
Plaintiff was not excused from executing a more comprehensive settlement agreement subsequent to the parties' executed settlement agreement.
Contracts 1DCA/2 Mar. 7, 2022
CIM Urban REIT 211 Main Street (SF) v. City and County of San Francisco
When there is a change of ownership, a San Francisco transfer tax is valid on the entities' real property even if the property is indirectly owned by the entity that experienced the change of ownership.
Tax 1DCA/5 Mar. 7, 2022
FBI v. Fazaga
The Foreign Intelligence Surveillance Act does not displace the state secrets privilege.
Government USSC Mar. 7, 2022
U.S. v. Tsarnaev
The First Circuit improperly vacated the Boston Marathon bomber's captital sentence based on the exclusion of mitigating evidence.
Evidence USSC Mar. 7, 2022
Hernandez-Valenzuela v. Superior Court (People)
Court delays because of case backlogs due to COVID-19 pandemic was an extraordinary and exceptional circumstance that warranted speedy trial rights exceptions.
Criminal Law and Procedure 1DCA/3 Mar. 7, 2022
Friends of Animals v. U.S. Fish and Wildlife Service
Under the Endangered Species Act, a net conservation benefit can include an informational benefit that could aid in the conservation of a species.
Environmental Law 9th Mar. 7, 2022
Flemming v. Matteson
Defendant's federal claims were untimely under the Antiterrorism and Effective Death Penalty Act's one-year statute of limitations because his state habeas petitions were untimely.
Criminal Law and Procedure 9th Mar. 7, 2022
Williams v. National Western Life Insurance Co.
An insurer was charged with its agent's knowledge that life insurance policies were unsuitable for elderly plaintiff.
Insurance 3DCA Mar. 7, 2022
Cameron v. EMW Women's Surgical Center, P. S. C.
Attorney general's motion to intervene to defend the constitutionality of a state statute should have been granted because of a state's strong interest in enforcing its own laws.
Civil Procedure USSC Mar. 4, 2022
U.S. v. Zubaydah
Plaintiff's discovery application, requesting information concerning the existence of a CIA detention site in Poland, fell within the state secrets privilege.
Civil Procedure USSC Mar. 4, 2022
In Re Rejuvi Laboratory, Inc.
California corporation waived its personal jurisdiction defense when, in an attempt to set aside an Australian default judgment, it voluntarily appeared in an Australian district court.
Civil Procedure 9th Mar. 4, 2022
Crenshaw Subway Coalition v. City of Los Angeles
A gentrification theory, used to challenge the approval of a development project, is not legally cognizable under the Fair Housing Act.
Government 2DCA/2 Mar. 4, 2022
Mendoza v. Trans Valley Transport
Notwithstanding a delegation clause, the question of whether the parties entered into an agreement to arbitrate is a matter for the court, not the arbitrator, to decide.
Arbitration 6DCA Mar. 3, 2022
LGCY Power v. Superior Court (Sewell)
An employee did not need to raise an otherwise compulsory cross-complaint in a Utah lawsuit because the California Labor Code mandated that such a dispute be resolved in California.
Civil Procedure 5DCA Mar. 3, 2022
In re Mia M.
The Department of Children and Family Services failed to make reasonable efforts to inform a parent of a disposition hearing because it failed to investigate the most likely avenues for finding the parent.
Juveniles 2DCA/5 Mar. 3, 2022