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Name Category Published
City of Tahlequah v. Bond
Precedential decisions dismissing qualified immunity must be clearly established and so well-defined so that reasonable officers would know their conduct is unlawful based on the circumstances they are in.
Civil Rights USSC Oct. 19, 2021
S.C. v. Lincoln County School District
A district court erroneously interpreted an administrative law judge's order regarding the Individuals with Disabilities Education Act.
Education 9th Oct. 19, 2021
Yellen v. House of Representatives
Order
USSC Oct. 18, 2021
King v. U.S.
Order
USSC Oct. 18, 2021
Mondragon Garcia v. U.S.
Order
USSC Oct. 18, 2021
Wilkins v. U.S.
Order
USSC Oct. 18, 2021
Modification: People v. Sumagang
Statements made post Miranda warning are excludable when facts support conclusion that questioning was one interrogation with a Miranda warning sandwiched in between.
Criminal Law and Procedure 6DCA Oct. 18, 2021
Wertheim, LLC v. Currency Corp.
Where attorneys' untimeliness in pursuing a motion causes more fees, postjudgment attorneys' fees are unnecessary and unmerited.
Attorneys 2DCA/1 Oct. 18, 2021
Janney v. CSAA Insurance Exchange
Because an insured was entitled to the lowest of three calculations, disputed facts related to a higher calculation were immaterial.
Insurance 3DCA Oct. 18, 2021
The Travelers Indemnity Co. v. Navigators Specialty Insurance Co.
A trial court erroneously treated a legal allegation as a factual allegation for the purposes of a demurrer.
Insurance 4DCA/1 Oct. 18, 2021
Gray v. Dignity Health
It is not unfair for hospitals to not disclose a billing that included an emergency room charge prior to providing emergency medical treatment.
Health Care 1DCA/1 Oct. 15, 2021
People v. Kaihea
Gang-related evidence may be considered when determining if defendant killed in self-defense or heat of passion.
Criminal Law and Procedure 3DCA Oct. 15, 2021
Weeden v. Hoffman
In the context of protected activity, the litigation privilege defense can be raised against tort claims, but not breach of contract claims.
Anti-SLAPP 4DCA/1 Oct. 15, 2021
People v. Contreras
A trial court did not abuse its discretion in ordering a defendant to register as a sex offender because it was not required to explicitly find that the defendant was likely to reoffend.
Criminal Law and Procedure 5DCA Oct. 15, 2021
In re: Berkovich
Debtor's state tax debts were nondischargeable because he failed to inform the California Franchise Tax Board of changes to his federal tax assessments.
Bankruptcy 9th Oct. 15, 2021
Modification: Walker v. Superior Court (People)
Admission of hearsay evidence regarding nonpredicate offenses via expert evaluations at Sexually Violent Predator Act probable cause hearing prejudiced defendant.
Criminal Law and Procedure CASC Oct. 15, 2021
People v. Smith
A trial court did not err in failing to instruct the jury sua sponte on a lesser included offense because no reasonably jury could conclude that the defendant was guilty of the lesser, but not the greater offense.
Criminal Law and Procedure 4DCA/1 Oct. 15, 2021
Mitchell v. Twin Galaxies
Donkey Kong record holder provided sufficient evidence for his defamation claim to survive an anti-SLAPP motion.
Anti-SLAPP 2DCA/8 Oct. 14, 2021
Modification: People v. Brown
Rejecting the prior rule, a trial court has the authority to deny a continuance lacking good cause even if the denial may foreseeably result in a dismissal of the case.
Criminal Law and Procedure 6DCA Oct. 14, 2021
People v. Sands
Because the legislature had a rational basis to allow parole to certain youthful offenders, but not others, Penal Code Section 3051 did not violate the Equal Protection Clause.
Criminal Law and Procedure 1DCA/5 Oct. 14, 2021
Chevron U.S.A. v. County of Monterey
A trial court did not err in striking down local ordinances banning land uses in support of new oil and gas wells and wastewater injection because they were preempted by state law.
Constitutional Law 6DCA Oct. 14, 2021
People v. Jenkins
A Kelly Blue Book website's valuation of a vehicle was admissible evidence for purposes of proving the vehicle's worth exceeded $950 because it is a published compilation.
Evidence 4DCA/3 Oct. 14, 2021
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 Oct. 14, 2021
In re: Frank Lane Italiane Jr. and Alicia Italiane
An admission of individual facts was not a prerequisite to giving a stipulated judgment preclusive effect.
Bankruptcy BAP Oct. 13, 2021
McCann v. City of San Diego
The City of San Diego erred when it did not consider whether new projects were consistent with its own Climate Action Plan.
Environmental Law 4DCA/1 Oct. 12, 2021
People v. Montes
A juvenile resentencing hearing, although it ultimately resulted in the same sentence, vacated the earlier judgment and entitled defendant to a juvenile transfer hearing.
Criminal Law and Procedure 4DCA/2 Oct. 11, 2021
U.S. v. Yates
Because there is no cognizable property interest in the right to accurate information, the defendants could not be convicted for conspiracy to commit bank fraud.
Criminal Law and Procedure 9th Oct. 11, 2021
Carrasco v. State Personnel Board (Dept. of Corrections and Rehabilitation)
A probationary government employee may be rejected for a single substantiated reason.
Employment Law 4DCA/2 Oct. 11, 2021
People v. Flores
Juror declarations about statements made during deliberation were admissible because they showed information that was available to the jury rather than any juror's subjective decision-making process.
Criminal Law and Procedure 3DCA Oct. 11, 2021
Li v. Superior Court (Medical Board of California)
A trial court must account for the standard of proof in the underlying administrative proceeding when exercising its independent judgment.
Administrative Agencies 3DCA Oct. 8, 2021