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People v. Barboza
When a trial court had struck a jury's special circumstance enhancement findings, those findings could not be used to preclude a resentencing hearing.
Criminal Law and Procedure 4DCA/3 Sep. 17, 2021
People v. Eynon
Defendant's admission that he was liable for murder under then-existing felony murder law did not preclude him from a rehearing when felony murder laws were amended.
Criminal Law and Procedure 4DCA/2 Sep. 17, 2021
People v. Montoya
In an ineffective counsel inquiry, counsel has some discretion to determine if a defense is viable and whether to bring that defense to the attention of a defendant.
Criminal Law and Procedure 5DCA Sep. 17, 2021
U.S. v. Schaefer
After a defendant had previously waived his right to counsel, the district court properly denied defendant's request to reappoint counsel after the jury had been impaneled.
Criminal Law and Procedure 9th Sep. 17, 2021
Brice v. Haynes Investments
A delegation clause requiring an arbitrator to decide the enforceability of an arbitration agreement was valid because it was not a prospective waiver of another prospective waiver claim.
Arbitration 9th Sep. 17, 2021
Food & Water Watch v. U.S. Environmental Protection Agency
EPA's permit to Concentrated Animal Feeding Operations must contain sufficient monitoring provisions to ensure wastewater discharge compliance.
Environmental Law 9th Sep. 17, 2021
Alcaraz-Enriquez v. Garland
Because the government denied the opportunity to cross-examine witnesses, an undocumented immigrant was deprived of an opportunity to a fair hearing.
Immigration 9th Sep. 17, 2021
Cooper v. Newsom
District attorneys' appeal to intervene as defendants was not moot because California's execution protocol could reasonably be expected to start up again.
Criminal Law and Procedure 9th Sep. 17, 2021
Thunder Studios v. Kazal
An extensive campaign that focused on 'exposing' a plaintiff's alleged misdeeds was not a true threat and was protected under the First Amendment.
Constitutional Law 9th Sep. 16, 2021
Bolin v. Davis
A defendant was properly denied federal habeas relief because a reasonable jurist could conclude that defendant had effective counsel.
Criminal Law and Procedure 9th Sep. 16, 2021
Wilkins v. U.S.
Because the Quiet Title Act's statute of limitations was jurisdictional, the district court lacked subject-matter jurisdiction and properly dismissed the case.
Real Property 9th Sep. 16, 2021
In Re ICJ
A district court erred in determining that cutting off financial support was sufficient to establish that a parent had ceased to exercise his custody rights.
International Law 9th Sep. 16, 2021
Coston v. Nangalama
Because a prison's doctor failed to follow mandatory policy regarding narcotic medication, the doctor was not entitled to a jury instruction of deference towards the doctor.
Criminal Law and Procedure 9th Sep. 16, 2021
Chamber of Commerce v. Bonta
Because California Labor Code Section 432.6 does not offer a way to invalidate an otherwise valid arbitration agreement, it does not conflict with the Federal Arbitration Act.
Arbitration 9th Sep. 16, 2021
Finlan v. Chase
Written offers that merely reference Code of Civil Procedure Section 998 without providing specific acceptance instructions are invalid.
Civil Procedure 4DCA/1 Sep. 16, 2021
People v. Lopez-Vinck
Although defendant was several feet away when he brandished a knife, a reasonably jury could find that defendant engaged in an act that was likely to cause injury.
Criminal Law and Procedure 4DCA/1 Sep. 16, 2021
Los Angeles County Metropolitan Transportation Authority v. Superior Court
Because applications for search warrants are ex parte determinations, they do not foreclose on peremptory challenges under Code of Civil Procedure Section 170.6.
Civil Procedure 2DCA/5 Sep. 15, 2021
Curcio v. Fontana Teachers Assn. CTA/NEA
Because the Public Employees Relations Board had exclusive jurisdiction in plaintiff's unfair practice claims, the superior court lacked jurisdiction to decide those claims.
Administrative Agencies 4DCA/2 Sep. 15, 2021
People v. Barefield
The marital privilege is available until a final judgment of dissolution has been obtained, even if the spouses have separated.
Evidence 3DCA Sep. 14, 2021
Jorgensen v. Loyola Marymount University
A comment that an employee with hiring influence 'wanted someone younger' for a position is admissible to show pretext in an age discrimination lawsuit.
Employment Discrimination 2DCA/8 Sep. 14, 2021
Medina v. Equilon Enterprises, LLC
An entity can be a joint employer if enough control is exercised over an intermediary entity to indirectly dictate the wages, hours, or working conditions of the employee.
Employment Law 4DCA/3 Sep. 14, 2021
People v. Moore
Penal Code Section 3051(h) does not violate equal protection because there is a legitimate government purpose of addressing recidivism.
Criminal Law and Procedure 2DCA/2 Sep. 14, 2021
California Renters Legal Advocacy and Education Fund v. City of San Mateo
A city's housing development guidelines did not qualify as objective standards under the Housing Accountability Act because linguistic ambiguities left much to the discretion of elected officials.
Government 1DCA/4 Sep. 14, 2021
People v. Bharth
There was no confrontational right violation when the court allowed a victim suffering from trauma to turn her chair away from defendant to complete the victim's testimony.
Criminal Law and Procedure 3DCA Sep. 14, 2021
Dr. V. Productions, Inc. v. Rey
Order
2DCA/5 Sep. 14, 2021
In Re Grand Jury
The 'primary purpose' test governs attorney-client privilege rather than the 'because of' test.
Attorneys 9th Sep. 14, 2021
Warmenhoven v. NetApp, Inc.
Promises made in Powerpoint presentations did not create an ERISA plan and violation of plan administrator's duties under Section 1104(a)(1) does not require a showing of intentional deceit.
Employment Law 9th Sep. 14, 2021
People v. Haro
Because a defendant did not have fair notice, the trial court erred in imposing a 20-kilogram weight enhancement that was not pleaded.
Criminal Law and Procedure 4DCA/1 Sep. 13, 2021
Wesson v. Staples the Office Superstore, LLC
Trial courts have inherent authority to ensure that PAGA claims will be manageable at trial and may strike unmanageable claims.
Employment Law 2DCA/4 Sep. 13, 2021
People v. Henderson
A belief that the criminal-justice system is unfair to African-Americans is an insufficient basis to disqualify a juror unless other evidence shows that the juror will have difficulty being impartial.
Criminal Law and Procedure 3DCA Sep. 13, 2021