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Name Category Published
Modification: People v. Smothers
Defense counsel's misconception and consequent failure to present pertinent evidence at murder trial prejudiced defendant and constituted ineffective assistance of counsel. 		Criminal Law and Procedure 1DCA/3 Aug. 11, 2021
Moser v. Benefytt, Inc.
Defendant did not have 'available' personal jurisdiction defense to claims of unnamed putative class members who were not yet parties to case at motion to dismiss stage. 		Civil Procedure 9th Aug. 11, 2021
Loyhayem v. Fraser Financial & Insurance Services
Telephone Consumer Protection Act prohibits any robocalls to cell phones, not just those for advertising or telemarketing purposes. 		Consumer Law 9th Aug. 11, 2021
Hubbard v. U.S.
Under Innocence Protection Act, court with jurisdiction to hear petition for DNA testing is court that entered judgment of conviction, even if that tribunal has since dissolved. 		Criminal Law and Procedure 9th Aug. 11, 2021
McKenna v. Beasley
Vehicle owners must inquire into prospective driver's license status before allowing driver to operate their vehicle. 		Torts 4DCA/1 Aug. 10, 2021
Daly v. San Bernardino County Bd. of Supervisors
Court's order requiring local legislative body to remove and replace its member due to board's violation of open-meeting requirements was a mandatory injunction; thus, order should be stayed for pendency of appeal. 		Civil Procedure CASC Aug. 10, 2021
Herrera v. Doctors Medical Center of Modesto
PAGA claims cannot be forced into arbitration based on agreements made by the former employees before they became authorized representatives of the state. 		Arbitration 5DCA Aug. 9, 2021
Knapp v. Ginsberg
Summary judgment not appropriate where a triable issue exists as to whether party to a Premarital Agreement was represented as required Family Code 1615. 		Family Law 2DCA/4 Aug. 9, 2021
Snoqualmie Indian Tribe v. State of Washington
Absent treaty-tribe status, a Native American tribe cannot claim any rights under the Treaty of Point Elliot. 		Native American Affairs 9th Aug. 9, 2021
San Francisco Bay Conservation and Development Commission v. United States Army Corps of Engineers
Conditions about where to dispose of dredged material was not an enforceable policy under the Coastal Zone Management Act. 		Environmental Law 9th Aug. 9, 2021
Pakdel v. City and County of San Francisco
Order 		9th Aug. 9, 2021
L.B. v. U.S.
Order 		9th Aug. 9, 2021
Innovation Law Lab v. Mayorkas
Order 		9th Aug. 9, 2021
Southern California Alliance of Publicly Owned Treatment Works v. U.S. Environmental Protection Agency
Agency action is not final when subsequent agency decision-making is necessary to create any legal or practical consequences. 		Environmental Law 9th Aug. 6, 2021
Vasquez-Rodriguez v. Garland
Social group claims based on 'perceived gang membership' must demonstrate a common immutable characteristic, defined with particularity, and socially distinct with the society in question. 		Immigration 9th Aug. 6, 2021
BNSF Railway v. County of Alameda
Counties cannot tax railroad property at a higher rate than the rate applicable to commercial and industrial property in the same assessment jurisdiction. 		Tax 9th Aug. 6, 2021
Hom v. Petrou
Respondents were entitled to collect their attorney's fees related to appellant's non-contract claims as third party beneficiaries. 		Attorneys 1DCA/4 Aug. 5, 2021
In re Parks
Scientific debate between prosecution and defense experts regarding cause and origin of house fire did not establish that false evidence was offered at trial under Penal Code Section 1473. 		Criminal Law and Procedure 2DCA/1 Aug. 5, 2021
Modification: Ayala v. Superior Court (People)
Threat of death that causes sustained fear for immediate family member's life meets requirements for crime of making criminals threats. 		Criminal Law and Procedure 1DCA/3 Aug. 5, 2021
Harris v. Thomas Dee Engineering Co., Inc.
Expert's declaration showed triable issue as to asbestos exposure under re-entrainment theory, even if he neglected to mention that phenomenon during his deposition. 		Civil Procedure 1DCA/5 Aug. 5, 2021
Pavulak v. von Blanckensee
Federal prisoner could not show that he lacked an unobstructed procedural shot at presenting his challenge to sentencing enhancement under 28 U.S.C. Section 2241 petition. 		Criminal Law and Procedure 9th Aug. 5, 2021
Sisto v. U.S.
Physician working at Indian contractor hospital was not 'employee' of that hospital for purposes of Federal Tort Claims Act. 		Torts 9th Aug. 5, 2021
Cedar Point Nursery v. Hassid
Order 		9th Aug. 5, 2021
Olean Wholesale Grocery Cooperative Inc. v. Bumble Bee Foods LLC
Order 		9th Aug. 5, 2021
Howard Jarvis Taxpayers Assn. v. Weber
Any burden resulting from Senate Bill No. 117's implementation was minor and justified by the state's regulatory interests. 		Constitutional Law 3DCA Aug. 5, 2021
Family Health Centers of San Diego v. State Dept. of Health Care Services
Federally qualified health center's outreach activities were akin to advertising and were thus not reimbursable under Medi-Cal. 		Administrative Agencies 3DCA Aug. 4, 2021
Conservatorship of Farrant
Right to accounting can arise from possession of money or property which because of special relationship, defendant is obliged to surrender. 		Conservatorship 2DCA/6 Aug. 4, 2021
Rivelli v. Hemm
Claim must arise out or or relate to forum-related activities to satisfy personal jurisdiction. 		Civil Procedure 6DCA Aug. 4, 2021
Modification: Pear v. City & County of S.F.
Secondary easement is no more than the right to do that which is necessary for the principal easement's enjoyment. 		Real Property 6DCA Aug. 4, 2021
Valenzuela v. City of Anaheim
Prohibiting 'loss of life damages' would run afoul of 42 U.S.C. Section 1983's remedial purpose. 		Civil Rights 9th Aug. 4, 2021
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