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Ahlstrom v. DHI Mortgage Co.
The issue of formation of an agreement to arbitrate is a matter for the courts to decide that may not be delegated to an arbitrator.
Arbitration 9th Dec. 30, 2021
Bogle v. Garland
Petitioner was deportable even though his guilty plea for possession of more than one ounce of marijuana could technically have included conduct that fell under the 30-gram personal-use exception.
Immigration 9th Dec. 30, 2021
BBBB Bonding Corp. v. Caldwell
Cosigner of a bail bond premium financing agreement was entitled to notice about the risks of guaranteeing such an agreement because it qualified as a consumer credit contract.
Consumer Law 1DCA/1 Dec. 30, 2021
Chaganti v. Superior Court (Cricket Communications)
Coram vobis granted because the judge who summarily adjudicated two causes of action held stock in the parent corporation of wholly-owned subsidiaries that were parties to the action.
Judges 6DCA Dec. 29, 2021
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 Dec. 29, 2021
Sugarman v. Brown
Statements in an annual 10-K reports filed with the Securities Exchange Commission are protected activity subject to anti-SLAPP provisions.
Anti-SLAPP 2DCA/8 Dec. 29, 2021
Rice v. Downs
Disgorgement of fees paid pursuant to charging order was not appropriate when the party holding fees had a perfected security interest with higher priority than the judgment holder seeking disgorgement.
Commercial Law 2DCA/1 Dec. 29, 2021
Sugarman v. Benett
Statements made by bank representatives in forms filed with the Securities Exchange Commission are protected activities as matters under review by the SEC.
Anti-SLAPP 2DCA/8 Dec. 29, 2021
People v. Zgurski
Penal Code Section 530.5(a), using the personal information of another for an unlawful purpose, does not require that defendant knew the personal identifying information used belonged to a real person.
Criminal Law and Procedure 1DCA/3 Dec. 29, 2021
Park v. Law Offices of Tracey Buck-Walsh
Shifting third-party's expenses incurred from complying with a subpoena was required by plain language of statute once the expenses incurred were determined to be an undue burden or expense.
Civil Procedure 1DCA/3 Dec. 29, 2021
Amended Opinion: U.S. v. Goodall
A plea agreement that waived appeal, made knowingly and voluntarily, is still valid even if case law decided after the agreement could have changed conditions of the agreement.
Criminal Law and Procedure 9th Dec. 29, 2021
Kalbers v. Volkswagen AG
Movant's intervention was timely when properly measured against when it became aware that its interests would no longer be protected by another party.
Government 9th Dec. 29, 2021
Westmoreland v. Fire Insurance Exchange
A trial court erred in overruling Insurer's demurrer because Insured had already received the full measure of indemnity to which they were entitled.
Insurance 1DCA/3 Dec. 29, 2021
Presbyterian Camp and Conference Centers v. Superior Court (Dept. of Forestry and Fire Protection)
A corporation was liable for the costs of suppressing fires that its employee negligently set because the statute at issue incorporated the theory of respondeat superior.
Torts CASC Dec. 28, 2021
People v. Clark
Defendant's judicial bias claim was without merit because trial judge's relationship with prosecutor was confined to involvement in a volunteer program.
Criminal Law and Procedure 3DCA Dec. 28, 2021
People v. Turner
Defendant should have been granted a mistrial where the jury was prejudiced by improperly admitted evidence of another homicide charge that had been severed.
Criminal Law and Procedure 1DCA/3 Dec. 28, 2021
Aquino v. Superior Court (Scott)
Period for filing petition under Code of Civil Procedure Section 1013(a) begins on date specified on declaration of mailing attached to the order and clerk's use of term "mailed" versus "deposited in the mail" was insignificant.
Civil Procedure 1DCA/5 Dec. 28, 2021
Vallejo v. Superior Court (People)
A trial judge lacked authority to set aside as void a recused judge's dismissal order because the trial court lost subject matter jurisdiction when the sole charge against the defendant was dismissed.
Criminal Law and Procedure 6DCA Dec. 28, 2021
In re Google Inc. Street View Electronic Communications Litigation
Cy pres payments only to third-party, advocacy groups is appropriate especially where verification of class member claims would be costly and time-consuming.
Remedies 9th Dec. 28, 2021
Amended Opinion: In re Hutchinson
Even if tax lien could have been avoidable by bankruptcy trustee under Bankruptcy Code Section 724(a), Section 522(h) cannot be used to avoid properly filed tax liens.
Bankruptcy 9th Dec. 27, 2021
Carmona v. Domino's Pizza
Domino's supply drivers, like Amazon drivers, are exempt from the Federal Arbitration Act's general arbitration mandate because the nature of the business is of interstate commerce.
Arbitration 9th Dec. 27, 2021
Amended Opinion: Hodges v. Comcast
Complaint seeking injunctive relief for Comcast cable subscribers did not implicate the *McGill* rule because it did not seek public injunctive relief.
Arbitration 9th Dec. 27, 2021
Modification: People v. Ervin
When the record does not definitively indicate that a petitioner under Penal Code Section 1170.95 is ineligible for relief, the court should issue a show cause order and hold an evidentiary hearing.
Criminal Law and Procedure 4DCA/3 Dec. 27, 2021
Modification: People v. Waxlax
Defendant's dual convictions for assault were improper because they were two convictions of the same offense stemming from the same act.
Criminal Law and Procedure 4DCA/2 Dec. 27, 2021
People v. Financial Casualty & Surety
An emergency rule tolling the limitations period for civil actions did not toll the initial appearance period for a bond forfeiture.
Civil Procedure 4DCA/1 Dec. 23, 2021
Ramirez-Medina v. Garland
Convictions for multiple offenses disqualified Petitioner from eligibility for cancellation of removal proceedings even though the cancellation statute's exception referred to a singular offense.
Immigration 9th Dec. 23, 2021
Buero v. Amazon.com Services
Order
9th Dec. 23, 2021
Newtok Village v. Patrick
In order for federal courts to exercise jurisdiction in cases involving tribal disputes, the case, as pleaded, must involve federal law.
Native American Affairs 9th Dec. 23, 2021
Walcott v. Garland
A noncitizen was not removable because her conviction for offering to transport less than two pounds of marijuana was not a crime involving moral turpitude.
Immigration 9th Dec. 23, 2021
People v. Howard
Denial of an inmate's motion for a Franklin proceeding was deemed premature because the motion met the legal requirements to initiate the process.
Criminal Law and Procedure 4DCA/3 Dec. 23, 2021