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Name Category Published
Marriage of Tamir
A family court abused its discretion in unsealing records because it failed to assess whether the documents at issue were submitted as a basis for adjudication 		Civil Procedure 1DCA/1 Dec. 22, 2021
Bichai v. DaVita, Inc.
Medical staff bylaws' burden of proof for peer review hearings must be consistent with Business and Professions Code Section 809.3(b)'s preponderance of the evidence burden. 		Health Care 5DCA Dec. 22, 2021
People v. Nault
Warrantless blood draws were not Fourth Amendment violations when the driver was unconscious and there was no opportunity for a breath test due to medical emergency the driver caused. 		Criminal Law and Procedure 2DCA/8 Dec. 22, 2021
Singman v. IMDB.com, Inc.
Appellant's failure to cite legal authority supporting his appeal was a failure to demonstrate legal error that was fatal to the appeal. 		Civil Procedure 2DCA/8 Dec. 22, 2021
Amended Opinion: Bladeroom Group Ltd. v. Emerson Electric
In English contract interpretation, court need not look at how commercially reasonable contract term is if that term is stated in clear and plain language. 		Contracts 9th Dec. 22, 2021
Rodriguez-Jimenez v. Garland
The Immigration Judge and Bureau of Immigration Appeals are only required to provide a thorough and reasoned analysis of its decision and need not present an exposition on every issue. 		Immigration 9th Dec. 22, 2021
U.S. v. Pollard
Nothing in the record objectively demonstrated that defendant would not have pled guilty to being a felon-in-possession had he known of the knowledge-of-status element. 		Criminal Law and Procedure 9th Dec. 22, 2021
Theresa D. v. MBK Senior Living LLC
Plaintiff was not bound by arbitration agreement signed by her adult daughter when placing her in a residential care facility because the daughter had not been granted authority to handle such matters. 		Arbitration 1DCA/3 Dec. 22, 2021
People v. Sta Ana
A trial judge's arguably offensive word choice during questioning was not so prejudicial that it denied defendant a fair trial. 		Criminal Law and Procedure 6DCA Dec. 22, 2021
See's Candies, Inc. v. Superior Court (Ek)
Where wife allegedly contracts COVID-19 at her workplace and husband contracts it and dies, her ensuing claim against her workplace was not preempted by Workers' Compensation Act exclusivity provisions. 		Workers' Compensation 2DCA/1 Dec. 22, 2021
In re Emily L.
Juvenile court erred in finding it had jurisdiction when circumstances had improved dramatically during a 13-month delay between filing the petition and the jurisdictional and disposition hearing. 		Juveniles 2DCA/8 Dec. 22, 2021
Washington v. Shinn
Defense counsel's failure to obtain education and incarceration records did not establish deficient performance where there was no showing that those records contained meaningful mitigation evidence. 		Criminal Law and Procedure 9th Dec. 21, 2021
Widjaja v. JPMorgan Chase Bank
Bank's earlier failure to take corrective action when it became aware of fraudulent transfers made it plausible that it would again fail to take corrective action if later notified by the account-holder. 		Banking 9th Dec. 21, 2021
Hill RHF Housing Partners, L.P. v. City of Los Angeles
Plaintiffs were not barred by remedy exhaustion from bringing an issue before the courts when the only extrajudicial dispute resolution process available was participation in a public comment session. 		Administrative Agencies CASC Dec. 21, 2021
Modification: Mission Peak Conservancy v. State Water Resources Control Board
State Water Resources Control Board action of granting a small domestic use registration is ministerial, and therefore exempt from the California Environmental Quality Act (CEQA). 		Water Rights 1DCA/5 Dec. 21, 2021
Samantha B. v. Aurora Vista Del Mar, LLC
Medical Injury Compensation Reform Act limits did not apply to plaintiffs' causes of action under the Elder Abuse Act where jury found both professional negligence and reckless neglect. 		Health Care 2DCA/6 Dec. 21, 2021
People v. Lange
Police officer's hot pursuit of fleeing misdemeanant into a garage did not trigger the exclusionary rule even though the officer relied on binding precedent that was later overturned. 		Criminal Law and Procedure 1DCA/5 Dec. 21, 2021
Russell v. Dept. of Corrections and Rehabilitation
A parole officer did not have a duty to warn the victim of the parolee's dangerous propensities because there was insufficient evidence that a special relationship existed. 		Torts 3DCA Dec. 20, 2021
Blakes v. Superior Court (People)
Motion to suppress should have been granted because the odor of burnt marijuana was insufficient to support probable cause for the warrantless search of a vehicle. 		Criminal Law and Procedure 3DCA Dec. 20, 2021
Wall v. California Coastal Commission
Payment of an in-lieu public access fee was required for the approval of a coastal development permit pursuant to the Coastal Act of 1976. 		Real Property 2DCA/6 Dec. 20, 2021
Save Civita Because Sudberry Won't v. City of San Diego
Where city made clear the nature of a project's overall changes and stated that prior comments will not receive a response, city did not have to summarize revisions made to a previously circulated draft environmental impact report. 		Government 4DCA/1 Dec. 20, 2021
Modification: People v. Jimenez
Defendant's murder conviction was reversed because the police officer obtained defendant's confession by threatening to charge his sons with murder. 		Criminal Law and Procedure 4DCA/2 Dec. 20, 2021
Esquivel v. U.S.
Communications between the fire specialist and land owner regarding fire suppression operations fell under the discretionary function exception, making the United States immune from suit. 		Immunity 9th Dec. 20, 2021
Torres v. Texas Dept. of Public Safety
Order 		USSC Dec. 20, 2021
Viking River Cruises, Inc. v. Moriana
Order 		USSC Dec. 20, 2021
LeDure v. Union Pacific Railroad Co.
Order 		USSC Dec. 20, 2021
Woods v. American Film Institute
Festival volunteers were denied class certification because the need to decide the expectations of individual class members would preclude common issues from predominating. 		Civil Procedure 2DCA/2 Dec. 20, 2021
Clawson v. Board of Registered Nursing
Gross negligence while conducting residential appraisals was unprofessional conduct subject to discipline by the Board of Registered Nursing. 		Administrative Agencies 1DCA/5 Dec. 20, 2021
Church Mutual Insurance Co. v. GuideOne Specialty Mutual Insurance
An insurer was not entitled to equitable contribution from another insurer even though both policies covered the risk of fire damage to the same church building. 		Insurance 3DCA Dec. 20, 2021
Conservatorship of Joanne R.
Despite the 9-month difference in delay between a bench trial and a jury trial, a conservatee's waiver of a jury trial was knowing and intelligent, and was not improperly induced. 		Conservatorship 2DCA/7 Dec. 20, 2021
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