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Name Category Published
Negron v. Superior Court (People)
A defendant qualified for mental health diversion because he suffered from a qualifying disorder despite also being diagnosed with an excluded disorder.
Criminal Law and Procedure 5DCA Oct. 28, 2021
Protect Tustin Ranch v. City of Tustin
Substantial evidence supported a city's finding that the size of a proposed construction project qualified for the infill exemption under the California Environmental Quality Act.
Environmental Law 4DCA/3 Oct. 28, 2021
U.S. v. Begay
Order
9th Oct. 28, 2021
Modification: In re J.D.
A juvenile court was required to consider whether the child had a substantial, positive, emotional attachment before terminating a mother's parental rights.
Juveniles 1DCA/2 Oct. 28, 2021
McMillin v. Eare
A deed, having been physically delivered to the grantee by the grantor, took effect at once and was valid without the oral conditions.
Real Property 2DCA/8 Oct. 27, 2021
People v. Shropshire
A defendant was entitled to apply the difference between his credits earned and his newly-reduced sentence to another term that he was serving.
Criminal Law and Procedure 3DCA Oct. 27, 2021
People v. Jenkins
When a sentencing court's findings are made under a lower standard than reasonable doubt, they cannot preclude eligibility for relief based on the elimination of the natural and probable consequences doctrine.
Criminal Law and Procedure 4DCA/2 Oct. 27, 2021
Cohen v. ConAgra Brands, Inc.
Because preemption is an affirmative defense, defendant must establish that preemption is valid through pleadings and supporting documents.
Consumer Law 9th Oct. 27, 2021
Uribe v. Crown Building Maintenance Co.
The trial court erred in approving a settlement that included Private Attorneys General Act claims that plaintiff had not filed notice of.
Employment Law 4DCA/3 Oct. 27, 2021
Modification: Rodriguez v. Superior Court (People)
The time between when a defendant has been certified as competent and the court's approval of that certificate does not count towards the two-year involuntary commitment limit.
Criminal Law and Procedure 6DCA Oct. 27, 2021
Whole Woman's Health v. Jackson
Order
USSC Oct. 26, 2021
Smith v. Dunn
Order
USSC Oct. 26, 2021
U.S. v. Texas
Order
USSC Oct. 26, 2021
In re Benjamin M.
An order terminating parental rights was reversed because the juvenile court and family services agency failed to comply with their duty of initial inquiry under the Indian Child Welfare Act.
Juveniles 4DCA/2 Oct. 26, 2021
People v. Alatorre
Petitioner was reasonably diligent because, although the change in law had become effective two years prior, he promptly retained counsel after learning of the change in law.
Immigration 4DCA/1 Oct. 26, 2021
Host International, Inc. v. City of Oakland
A business could not benefit from a tax certificate filing exception because it failed to provide information for the city's Tax Board to determine if the exception was applicable.
Tax 1DCA/5 Oct. 26, 2021
Najarro v. Superior Court (Horizon Personnel Services, Inc.)
Arbitration clauses that waive employees' right to group or representative actions are contrary to the Private Attorneys General Act and demonstrate substantive unconscionability.
Arbitration 4DCA/2 Oct. 26, 2021
CDK Global v. Brnovich
Because programmers would not necessarily engage in verbatim copying of protectable API source code, Arizona's Dealer Law did not conflict with the Copyright Act.
Copyright 9th Oct. 26, 2021
Starr v. Chaparro
A city erred by adopting an initiative as an ordinance rather than placing it on the ballot.
Government 2DCA/6 Oct. 26, 2021
Protect Tustin Ranch v. City of Tustin
Order_and_opinion
4DCA/3 Oct. 26, 2021
Crane v. Dolihite
A plaintiff inmate was denied his right to meaningful access to the courts because official acts frustrated his attempts to complete service of process on defendant inmate.
Civil Rights 5DCA Oct. 25, 2021
Colchester v. Lazaro
Even though the Hague Convention emphasizes expeditiousness, courts must be mindful of complaining litigant's discovery requests, especially in situations involving abuse.
Family Law 9th Oct. 25, 2021
In re M.S.
Because the expert witness did not know the stun gun's voltage, there was insufficient evidence to find that defendant's device was capable of immobilizing a person.
Criminal Law and Procedure 1DCA/3 Oct. 25, 2021
Modification: Strobel v. Johnson & Johnson
An expert witness' opinion that relied on both inadmissible hearsay and general knowledge in the expert's field was improperly disregarded.
Evidence 1DCA/4 Oct. 25, 2021
Save Berkeley's Neighborhoods v. The Regents of the University of California
A developer was not an indispensable party because its interests were sufficiently aligned with the university that had commissioned the project.
Civil Procedure 1DCA/1 Oct. 25, 2021
Doe v. Roman Catholic Archbishop of Los Angeles
The Archdiocese owed a duty to protect a plaintiff taking classes at a Catholic church because a special relationship existed.
Torts 2DCA/7 Oct. 22, 2021
Doe v. Damron
Specific personal jurisdiction is established where tort occurs in state even though defendant is just a visitor.
Civil Procedure 1DCA/5 Oct. 22, 2021
U.S. v. Tat
Fully accurate records are not false entries for a criminal charge of making a false entry in bank records, even if a check had a nexus to money laundering.
Criminal Law and Procedure 9th Oct. 22, 2021
McGill v. Shinn
A post-conviction relief court reasonably concluded that defense counsel's performance was not objectively deficient in light of prevailing professional norms.
Criminal Law and Procedure 9th Oct. 22, 2021
Modification: People v. McDaniel
Admission of firearm was not error when officer had reasonable suspicion observing outline of gun in passenger's pocket.
Criminal Law and Procedure CASC Oct. 22, 2021