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Name Category Published
U.S. v. Texas
Order
USSC Dec. 13, 2021
Arroyo v. Rosas
In cases alleging Americans with Disabilities Act and Unruh Act violations, courts may properly decline supplemental jurisdiction due to exceptional circumstances but must do so before adjudicating the entire case.
Disability Discrimination 9th Dec. 13, 2021
Ahlman v. Barnes
A stay of a preliminary injunction under the Prison Litigation Reform Act does not toll the 90-day automatic expiration.
Prisoners' Rights 9th Dec. 13, 2021
Modification: Acres v. Marston
In a suit involving Indian tribes' employees, sovereign immunity did not apply because plaintiff sought monetary relief from the employees in their individual capacities.
Immunity 3DCA Dec. 13, 2021
In re Scarlett V.
Where evidence clearly supports a finding of Special Immigrant Juvenile status, courts must, at a minimum, consider the evidence and issue a determination.
Immigration 2DCA/7 Dec. 10, 2021
De Leon v. Pinnacle Property Management Services, LLC
Arbitration agreement signed as a precondition of employment was unenforceable because its terms limiting discovery and shortening the limitations period for all claims were unconscionable.
Arbitration 4DCA/3 Dec. 10, 2021
People v. Silva
During redesignation and resentencing, due process requires that petitioners are provided notice regarding the crimes to be redesignated.
Criminal Law and Procedure 1DCA/4 Dec. 10, 2021
Saved Magazine v. Spokane Police Department
A police officer was entitled to qualified immunity because plaintiff journalist did not identify a clearly established right that the officer violated.
Immunity 9th Dec. 10, 2021
People v. Waxlax
Defendant's dual convictions for assault were improper because they were actually two convictions for the same offense stemming from the same act.
Criminal Law and Procedure 4DCA/2 Dec. 10, 2021
Modification: Y.C. v. Superior Court (People)
Statements taken in violation of the Fifth and Sixth Amendments could not be sealed merely to protect privacy.
Constitutional Law 1DCA/4 Dec. 9, 2021
Modification: People v. Schuller
Imperfect self-defense must be based on a misperception of the circumstances and cannot be based purely on delusions.
Criminal Law and Procedure 3DCA Dec. 9, 2021
Modification: People v. Lewis
Trial court's mash-up of CALCRIM Nos. 1201 and 1203 to include deception, while removing force or threat of force element for kidnapping, was an erroneous statement of the law.
Criminal Law and Procedure 4DCA/3 Dec. 9, 2021
Brach v. Newsom
Order
9th Dec. 9, 2021
Arizona Democratic Party v. Hobbs
Arizona's election-day deadline for voters to correct an unsigned affidavit on their vote-by-mail ballot passed constitutional muster because Arizona's interests justify the deadline and the burden on voters is minimal.
Constitutional Law 9th Dec. 9, 2021
Tucker v. Shreveport
Order
USSC Dec. 7, 2021
John Doe v. San Diego Unified School District
Order
9th Dec. 7, 2021
U.S. v. Briones
The imposition of a life sentence for crimes committed by defendant while he was a juvenile was affirmed because the resentencing judge clearly considered defendant's youth.
Criminal Law and Procedure 9th Dec. 7, 2021
In re Rudolf P. Sienega
State tax debt was nondischargeable because debtor's faxes to the California Franchise Tax Board did not qualify as returns.
Bankruptcy 9th Dec. 7, 2021
Optronic Technologies v. Ningbo Sunny Electronic
Where defendants have conspired to violate antitrust laws and harmed a market's competitive structure, they remains liable for the continuing injuries the scheme brought about.
Antitrust 9th Dec. 7, 2021
Rattagan v. Uber Technologies
Order
9th Dec. 7, 2021
Modification: Drink Tank Ventures v. Real Soda in Real Bottles
Where the sole basis for an intentional interference with a prospective economic advantage claim is based on breach of contract, the trial court lacked subject matter jurisdiction because there was no tort.
Business Law 2DCA/2 Dec. 6, 2021
Guttman v. Guttman
A trial court did not err in granting a motion to vacate plaintiff's dismissal of his partnership dissolution action because an order granting the buyout motion effectively supplants the action.
Business Law 2DCA/1 Dec. 6, 2021
Nieves Martinez v. U.S.
Order
9th Dec. 6, 2021
People v. Washington
The People should be given an opportunity to answer an equal protection argument in the trial court when the argument was neither raised at the trial court nor forfeited because it was unlikely to arise there.
Criminal Law and Procedure 2DCA/7 Dec. 6, 2021
Lejins v. City of Long Beach
The City of Long Beach's Measure M water surcharge could not be imposed as an incident of property ownership and therefore violated Article XIII D Section 3 of the California Constitution.
Government 2DCA/1 Dec. 3, 2021
CSAA Insurance Exchange v. Hodroj
Parties are still bound by agreed-upon material terms even though the parties originally contemplated but failed to realize a formal written agreement.
Contracts 6DCA Dec. 3, 2021
BMC Promise Way, LLC v. County of San Benito
A successor in interest was liable for payment of a fee that the previous property interest holder had agreed to.
Contracts 6DCA Dec. 3, 2021
Award Homes, Inc. v. County of San Benito
A real estate developer was required to pay a city "additional amount" fees as part of its development agreement because the parties intended "developer's obligations" to include the additional amount under tax sharing agreements.
Contracts 6DCA Dec. 3, 2021
City of Oakland v. Oakland Raiders
Oakland's inability to pay for an NFL team was not a direct result of the NFL's ultracompetitive pricing for its teams and it therefore did not have standing to pursue a Sherman Act antitrust claim.
Antitrust 9th Dec. 3, 2021
People v. Gonzalez
The wiretap statute does not impose the requirement that an application filed in the District Attorney's absence include information detailing the specific circumstances of the DA's absence.
Criminal Law and Procedure CASC Dec. 3, 2021