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Name Category Published
Amended Opinion: Pizzuto v. Tewalt
District court properly granted death row inmate's discovery requests regarding the protocol, manufacturing, and origin of Idaho's execution drugs.
Prisoners' Rights 9th May 15, 2025
Garnier v. O'Connor-Ratcliff
Blocking constituents on social media was a state action where school district trustee had actual authority to speak on State's behalf and purported to exercise that authority when posting.
Constitutional Law 9th May 15, 2025
Amended Opinion: Al Otro Lado v. Noem
Noncitizens refused processing under border "metering" policy after presenting themselves at ports of entry were entitled to relief because border officials withheld a mandatory duty to inspect them for admissibility.
Immigration 9th May 15, 2025
People v. Hinojos
Because gang enhancement statute punished additional criminal conduct beyond those assessed by the gang conspiracy statute, trial court's imposition of gang enhancements was permissible under Penal Code Section 654.
Criminal Law and Procedure 2DCA/1 May 14, 2025
Truck Insurance Exchange v. Federal Insurance Exchange
Trial court's failure to address fraudent concealment claim--only analyzing the fraudulent misrepresentation claim--warranted new trial in insurer's fraud claim against co-insurer.
Insurance 2DCA/8 May 14, 2025
County of Nevada v. Superior Court (A.C., a Minor)
No reasonable juror could have found sheriff's deputy acted unreasonably when he used nonlethal force in the response to individual advancing at him with a knife.
Torts 3DCA May 14, 2025
Modification: People v. Temple
Instructional error, if any, regarding the impact of defendant's mental disorder on the element of malice was harmless.
Criminal Law and Procedure 4DCA/3 May 14, 2025
Tsay JBR, LLC v. USDC Central District of California (Brooke)
Defendant was entitled to jury trial against plaintiff who was seeking statutory damages under the Unruh Civil Rights Act for disabilities accommodation violations.
Disability Discrimination 9th May 14, 2025
Hofer v. Boladian
Plaintiff/cross-defendant's conduct constituted waiver of the right to pursue arbitration, where he sought injunctive relief and a jury trial; opposed a demurrer; and propounded over 700 discovery requests.
Arbitration 2DCA/5 May 13, 2025
U.S. v. Duarte
Under Bruen, restricting non-violent felons from possessing firearms does not violate the Second Amendment.
Constitutional Law, Criminal Law and Procedure 9th May 12, 2025
Montes v. SPARC Group LLC
Order
9th May 12, 2025
Modification: Doe 3 v. Superior Court (John Roe DZ 20)
Code of Civil Procedure Section 340.1.3's revival provision did not revive claim against employer based on an employee's conduct because an action against the employee had already been litigated to finality.
Torts 6DCA May 9, 2025
U.S. v. Plancarte
Government did not breach plea agreement by submitting supplemental memorandum opining about defendant's "worrying" conduct and past arrest history.
Criminal Law and Procedure 9th May 9, 2025
Miroth v. County of Trinity
Rooker-Feldman doctrine limiting district courts' jurisdiction did not apply where plaintiffs were not challenging state-court judgment but rather seeking to redress alleged injury by adverse party in the state proceedings.
Civil Procedure 9th May 9, 2025
Amended Opinion: G.C. v. Bondi
During removal withholding proceedings, consideration of applicant's mental condition at time of his offense was properly limited to the extent to which applicant attributed his offense to his illness.
Immigration 9th May 9, 2025
Sanders v. Superior Court (Edward D. Jones & Co., L.P.)
Federal Arbitration Act does not preempt Code of Civil Procedure Section 1281.98's 30-day time limit for arbitration fees.
Arbitration, Civil Procedure 2DCA/7 May 8, 2025
People v. Temple
Instructional error, if any, regarding the impact of defendant's mental disorder on the element of malice was harmless.
Criminal Law and Procedure 4DCA/3 May 8, 2025
Federal Trade Commission v. Microsoft Corp.
Federal Trade Commission failed to establish the requisite likelihood of success to preliminarily enjoin Microsoft's acquisition of video game developer Activision Blizzard, Inc.
Antitrust 9th May 8, 2025
DeFrancesco v. Robbins
Qualified immunity shielded university officials from liability for allegedly violating the First Amendment rights of a university employee by firing the employee in retaliation for a family member's speech.
Qualified Immunity 9th May 8, 2025
People v. Hickman
Petitioner who pled guilty to manslaughter after Senate Bill No. 1437 changed Penal Code Sections 188 and 189 was ineligible for resentencing relief under Section 1172.6.
Criminal Law and Procedure 1DCA/1 May 7, 2025
People v. Anderson
Both lost revenue and paid prize money should be included in restitution amount for defendant who stole and redeemed lottery tickets.
Criminal Law and Procedure 1DCA/5 May 7, 2025
Tillinghast v. Los Angeles Unified School Dist.
School district forfeited jury instruction issues on appeal when it failed to raise the issue during trial.
Civil Procedure 2DCA/8 May 7, 2025
U.S. v. Myers
Mandatory Victims Restitution Act applied to the gradual accumulation of cash deposits from family and friends in inmate's trust account.
Criminal Law and Procedure 9th May 7, 2025
Marriage of J.G. and K.G.
Because family judge failed to specifically delineate reasons for assuming that father's previous abuse against mother overcame legal requirement against awarding him custody, father's custody based on agreement was error.
Family Law 3DCA May 6, 2025
Los Angeles College Faculty Guild v. Los Angeles Community College Dist.
Union's request to arbitrate grievances fell outside the scope of its collective bargaining agreement when core issues were superseded by other laws.
Education, Arbitration 2DCA/8 May 6, 2025
People v. Oyler
Despite media coverage of wildfire set by capital murder defendant, trial court correctly denied change of venue motion given the large size of the county and other factors.
Criminal Law and Procedure CASC May 6, 2025
People v. Whipple
Issue preclusion prevented petitioner from relitigating jury instruction issue to demonstrate she could no longer be convicted of murder because she did not raise instructional error in initial appeal.
Criminal Law and Procedure 4DCA/2 May 5, 2025
Zenith Insurance Co. v. Workers' Compensation Appeals Bd.
Special risk exception did not apply to employee injured during commute because there was no relationship between the risk and the location of the premises/conditions within the employer's control.
Workers' Compensation 3DCA May 5, 2025
People v. Williams
Defendant who did not seek help for victim's injuries and actively impeded another person who eventually found the victim and sought aid exhibited reckless indifference to human life.
Criminal Law and Procedure 4DCA/2 May 5, 2025
North Cascades Conservation Council v. U.S. Forest Service
National Environmental Policy Act required consideration of the cumulative effects of another reasonably foreseeable project when determining whether the impacts were significant and required preparation of an environmental impact statement.
Environmental Law 9th May 5, 2025