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Name Category Published
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 Dec. 17, 2021
Goodwin v. Comerica Bank, N.A.
A bank forfeited the right to demand disqualification of the arbitrator because it did not seek disqualification before the conclusion of the arbitration proceedings.
Arbitration 1DCA/4 Dec. 17, 2021
Modification: People v. Sorden
Defendant could not collaterally attack criminal protective order that restricted him from 'disturbing the peace' because CPO cannot be attacked for only being legally erroneous.
Criminal Law and Procedure 4DCA/1 Dec. 17, 2021
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. 17, 2021
Food & Water Watch v. U.S. Environmental Protection Agency
Environmental Protection Agency's permit to Concentrated Animal Feeding Operations must contain sufficient monitoring provisions to ensure wastewater discharge compliance.
Water Rights 9th Dec. 17, 2021
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. 16, 2021
Edward v. Ellis
Under the anti-SLAPP statute, in a libel action involving a limited public figure, plaintiffs need only establish a probability they can prove actual malice and that may be proven through circumstantial evidence.
Anti-SLAPP 4DCA/3 Dec. 16, 2021
Fair Education Santa Barbara v. Santa Barbara Unified School District
Contracts for anti-bias training services were not void for failing to go through a public bidding process because the contracts were for "special services" exempt from the bidding process.
Government 2DCA/6 Dec. 16, 2021
Wheeler v. Appellate Division (People)
Local ordinances imposing liability on landlords for allowing unlicensed commercial cannabis activity were not preempted by state law when the laws were not coextensive and landlords could comply with both laws.
Government 2DCA/3 Dec. 16, 2021
Ring v. Harmon
An estate's personal representative has standing to bring a financial elder abuse claim in her individual capacity.
probate_and_trusts 4DCA/2 Dec. 16, 2021
Musero v. Creative Artists Agency, LLC
The allegedly misappropriated creative aspects of a writer's television pilot did not warrant anti-SLAPP protection.
Anti-SLAPP 2DCA/7 Dec. 16, 2021
Dr. A v. Hochul
Order
USSC Dec. 15, 2021
Modification: C.T. v. K.W.
A mother was eligible for attorneys fees because a child support action and custody action were related actions.
Family Law 1DCA/4 Dec. 15, 2021
Modification: City of Oxnard v. County of Ventura
A city seeking a preliminary injunction to prohibit the county from providing ambulance services was denied because the city effectively delegated its administrative control over that service prior to 1980.
Administrative Agencies 2DCA/6 Dec. 15, 2021
Tomczyk v. Garland
For purposes of reinstatement of a prior removal order, an individual's inadmissible status renders that individual's reentry illegal regardless of the manner of reentry.
Immigration 9th Dec. 15, 2021
Alcaraz-Enriquez v. Garland
A fundamentally fair hearing was denied when the government made no effort to make underlying witnesses to a probation report available for cross-examination.
Immigration 9th Dec. 15, 2021
People v. Benzler
The trial court erred when it denied an eligible inmate's motion for a parole-related hearing.
Criminal Law and Procedure 3DCA Dec. 15, 2021
People ex rel. State Farm Mutual Automobile Ins. Co. v. Rubin
An Insurance Fraud Protection Act action that alleges the same fraud as a pending action is not barred if it seeks penalties based on a separate pool of victims.
Insurance 4DCA/3 Dec. 15, 2021
Friends, Artists & Neighbors of Elkhorn Slough v. Cal. Coastal Com.
Granting a coastal development permit was improper when a required report discussing alternative and mitigating environmental measures did not precede the approval.
Environmental Law 6DCA Dec. 15, 2021
Adoption of S.S.
A family law court had jurisdiction to amend adoption orders to include a post adoption contract agreement in the exercise of its equitable powers.
Family Law 1DCA/3 Dec. 14, 2021
Infineum USA v. Chevron Oronite Co.
Order
USSC Dec. 14, 2021
U.S. v. Lozoya
Order
9th Dec. 14, 2021
Getz v. Superior Court (County of El Dorado)
A Public Records Act request was not unduly burdensome because the request specified particular email addresses and so the emails, although numerous, would be easy to locate.
Public Records Act 3DCA Dec. 14, 2021
Marriage of Kahan and Diamond
When ruling on a request to modify spousal support, the court is not required to articulate how it considered each factor in making its decision.
Family Law 2DCA/5 Dec. 13, 2021
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. 13, 2021
People v. Strother
Defendant posed an unreasonable risk of committing a "super strike" under Proposition 47 because his prior offenses were extremely close to being super strikes.
Criminal Law and Procedure 2DCA/8 Dec. 13, 2021
Modification: First American Title Insurance Co. v. California Dept. of Tax and Fee Administration
An insurer was not exempt from the economic burden of sales tax even if legal incidence could not be imposed.
Tax 4DCA/1 Dec. 13, 2021
Foley Investments v. Alisal Water Corp.
Where a water main was installed pursuant to a contract and was designed to fulfill only an individual need, it did not serve a public use for inverse condemnation purposes.
Utilities 4DCA/1 Dec. 13, 2021
People v. Ramirez
Gang enhancements were vacated because the prosecution presented insufficient evidence to show that the gang defendants allegedly sought to benefit qualified as a criminal street gang.
Criminal Law and Procedure 4DCA/2 Dec. 13, 2021
Whole Woman's Health v. Jackson
Pre-enforcement challenge to a law seeking equitable relief was appropriate as to officials vested with the authority to enforce parts of the challenged state law.
Immunity USSC Dec. 13, 2021