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Name Category Published
Kaney v. Mazza
Despite plaintiff not remembering her fall, causation was a triable issue of fact since evidence could lead to a reasonable and probable inference that defendant's negligence contributed to the injury.
Torts 2DCA/2 Jan. 24, 2022
U.S. v. Flucas
Transportation of a minor with intent to engage in criminal sexual activity requires criminal sexual activity to be a motivating purpose, but it need not be the dominant purpose.
Criminal Law and Procedure 9th Jan. 24, 2022
Lemos v. County of Sonoma
Order
9th Jan. 24, 2022
Tran v. County of Los Angeles
Statutory thirty-day limit imposed on Los Angeles Board of Supervisor's review was a mandatory limit rendering the Board's failure to take timely action an affirmation of the reviewed decision.
Municipal Law 2DCA/2 Jan. 24, 2022
TriCoast Builders, Inc. v. Fonnegra
A party who waived its right to a jury trial by failing to post jury fees failed to demonstrate how it was prejudiced by a court trial.
Civil Procedure 2DCA/2 Jan. 24, 2022
Vines v. O'Reilly Auto Enterprises, LLC
Attorney's fees to be awarded in unsuccessful discrimination and harassment claim because those claims were factually intertwined with plaintiff's successful FEHA retaliation claim.
Employment Law 2DCA/7 Jan. 24, 2022
Modification: In re L.A.-O.
Application of the parental-benefit exception requires specificity evidencing a substantial, positive, emotional attachment to the parent, not just ambiguous statements regarding a "parental role."
Juveniles 4DCA/2 Jan. 21, 2022
J&A Mash & Barrel, LLC v. Superior Court (Tower Theater Properties)
Where feasible, trial court must interpret lease agreement's right of first refusal provision to make it effective rather than void.
Contracts 5DCA Jan. 21, 2022
Espinoza v. Hepta Run, Inc.
California's meal and rest break rules governing the transportation industry are expressly preempted by federal regulations governing truck drivers.
Employment Law 2DCA/7 Jan. 21, 2022
Spencer S. Busby, APLC v. BACTES Imaging Solutions, LLC
Rates charged for pre-litigation photocopies of clients' medical records did not violate statutory limits since charging vendor was acting as an agent of the requesting attorney.
Evidence 4DCA/1 Jan. 21, 2022
United Grand Corporation v. Stollof
Defendants are the prevailing party when they fulfill requirements of Civil Code Section 1717(b)(2) by tendering the full amount due.
Civil Procedure 2DCA/8 Jan. 21, 2022
Modification: Munoz v. PL Hotel Group, LLC
The trial court erroneously sustained a demurrer to a fraud cause of action because the complaint adequately pleaded fraud in the execution of a lease.
Contracts 4DCA/1 Jan. 21, 2022
Hemphill v. New York
Sixth Amendment's Confrontation Clause principles are violated when court admits unconfronted, testimonial hearsay because it deemed it necessary to correct a misleading impression.
Evidence USSC Jan. 21, 2022
Trump v. Thompson
Order
USSC Jan. 21, 2022
People v. Tirado
Trial court had discretion to strike enhancement found true by jury and apply lesser enhancement whose predicate facts were necessarily encompassed by the facts constituting the greater enhancement.
Criminal Law and Procedure CASC Jan. 21, 2022
McDougall v. County of Ventura
County orders mandating a 48-day closure of gun shops clearly burdened conduct protected by the Second Amendment and failed strict scrutiny.
Constitutional Law 9th Jan. 21, 2022
In re A.L.
The juvenile court properly considered whether the termination of parental rights would be detrimental to the child.
Juveniles 6DCA Jan. 20, 2022
Trustees of New Life in Christ Church v. Fredericksburg
Order
USSC Jan. 19, 2022
Balderas v. U.S.
Order
USSC Jan. 19, 2022
George v. McDonough
Order
USSC Jan. 19, 2022
Kennedy v. Bremerton School District
Order
USSC Jan. 19, 2022
Vega v. Tekoh
Order
USSC Jan. 19, 2022
Nance v. Ward
Order
USSC Jan. 19, 2022
Shoop v. Twyford
Order
USSC Jan. 19, 2022
People v. Zamora
Where juror objects to release of jurors' identifying information, court must determine whether good cause for disclosure exists before releasing the identifying information.
Criminal Law and Procedure 4DCA/3 Jan. 19, 2022
Modification: In re Terraza
Prisoner lacking capacity to give informed consent to organic therapy was entitled to consideration of views or wishes expressed while competent that indicate whether he would consent to treatment.
Criminal Law and Procedure 4DCA/2 Jan. 19, 2022
People v. Luper
Independent review of the entire record for error by the appellate court when counsel fails to identify arguable issues is not a guaranteed right in appeals from commitment extension proceedings.
Criminal Law and Procedure 2DCA/8 Jan. 19, 2022
In re Eli B.
A juvenile court did not err in terminating a mother's parental rights because the beneficial relationship exception did not apply.
Juveniles 1DCA/2 Jan. 19, 2022
U.S. v. Castellanos-Avalos
Where defendant could not satisfy deprivation-of-judicial-review requirement given that defendant sought judicial review and received it, the court did not need to address 'Palomar-Santiago' case law.
Immigration 9th Jan. 19, 2022
ICTSI Oregon v. International Longshore and Warehouse Union
The court lacked jurisdiction because the labor union's argument on interlocutory appeal was a question of fact.
Civil Procedure 9th Jan. 19, 2022