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Name Category Published
Modification: In re Edgerrin J.
Vague citizen's tip of 'shady' behavior, without more, could not furnish reasonable suspicion to justify detaining four minors. 		Juveniles 4DCA/1 Dec. 11, 2020
In re T.G.
County Department of Children and Family Services failed to adequately investigate mother's claim of Indian ancestry under Indian Child Welfare Act of 1978. 		Dependency 2DCA/7 Dec. 10, 2020
Modification: Communities for a Better Environment v. Energy Resources
Public Resources Code Section 25531 unconstitutionally abridges superior and appellate courts' original jurisdiction to hear Energy Resources Conservation and Development Commission siting decisions. 		Administrative Agencies 1DCA/4 Dec. 10, 2020
South Bay United Pentecostal Church v. Newsom
Order 		9th Dec. 10, 2020
Singh v. Barr
8 U.S.C. Section 1252 clearly and convincingly circumscribes judicial review of motions to reopen credible fear determinations. 		Immigration 9th Dec. 10, 2020
John Doe v. CVS Pharmacy
No healthcare-specific anti-discrimination standard exists under Affordable Care Act, permitting plaintiffs to borrow standards from other anti-discrimination statutes. 		Health Care 9th Dec. 10, 2020
Does v. Wasden
District court erred in dismissing appellants' ex post facto claim alleging retroactive application of Idaho's Sexual Offender Registration Notification and Community Right-to-Know Act was unconstitutional. 		Civil Rights 9th Dec. 10, 2020
People v. Rodriguez
Penal Code Section 1170.95 requires prosecutor to prove beyond reasonable doubt each element of first or second degree murder under current law to establish petitioner's ineligibility for relief. 		statutory_interpretation 2DCA/7 Dec. 9, 2020
Sandoval-Ryan v. Oleander Holdings
Because there was an absence of clear and unmistakable language delegating threshold arbitrability issues to arbitrator, trial court did not err in deciding whether arbitration agreement was enforceable. 		Arbitration 3DCA Dec. 9, 2020
347 Group, Inc. v. Philip Hawkins Architect, Inc.
Nonsignatory defendant sued under alter ego theory on action that did not include breach of contract claim was entitled to attorneys fees under Civil Code Section 1717. 		Civil Procedure 3DCA Dec. 9, 2020
Kao v. Joy Holiday
Trial court properly ruled that appellants, as alter egos of travel tour company that they owned and operated, were personally liable for respondent's unpaid wages. 		Employment Law 1DCA/3 Dec. 9, 2020
People v. Martin
Parolee exposed to potentially long prison sentence for parole violation resulting from non-criminal conduct was not entitled to have jury determine beyond reasonable doubt whether he violated parole. 		statutory_interpretation 4DCA/2 Dec. 9, 2020
People v. The North River Insurance Co.
Assuming trial court lacked jurisdictional prerequisite to declaring forfeiture of bail, absence of prerequisite did not deprive trial court of jurisdiction to deny summary judgment in fundamental sense. 		statutory_interpretation 5DCA Dec. 9, 2020
Modification: People v. Shelp
Post Release Community Supervision was enacted to rehabilitate nonviolent felons, not to reward the felon with custody credits that can theoretically reduce supervision period to zero. 		statutory_interpretation 2DCA/6 Dec. 9, 2020
U.S. v. Gainza
Twelve-level increase to defendant's base offense level was error because there was insufficient evidence that defendant obtained account information for each customer who visited ATMs where he had installed skimmers. 		Criminal Law and Procedure 9th Dec. 9, 2020
U.S. v. Sineneng-Smith
District court properly denied appellant's motion to dismiss indictment for violation of 8 U.S.C. Section 1324(a)(1)(A)(iv) because statute is not limited to conduct involving fraud. 		Criminal Law and Procedure 9th Dec. 9, 2020
Clare v. Clare
Summary judgment was reversed because husband's unauthorized access into his wife's work e-mails could constitute violation of Stored Communications Act. 		Cyber Law 9th Dec. 9, 2020
Szarowicz v. Birenbaum
Summary judgment based on primary assumption of risk doctrine was not proper because triable issue of material fact existed as to whether defendant increased risks inherent in no-check hockey. 		Torts 1DCA/2 Dec. 8, 2020
Hildebrandt v. Staples the Office Superstore, LLC
Statute of limitations should have been tolled during class certification proceeding where same claims were asserted by different putative class member. 		Civil Procedure 2DCA/3 Dec. 8, 2020
Lawson v. PPG Architectural Finishes, Inc.
Order 		9th Dec. 8, 2020
Hotop v. City of San Jose
No reasonable expectation of privacy in property owners' financial information required to be disclosed to city about rent stabilized units since landlords already provided such information. 		Civil Rights 9th Dec. 8, 2020
Center for Biological Diversity v. Zinke
Respondent acted arbitrarily and capriciously by failing to quantify emissions resulting from foreign oil consumption in its environmental impact statement as required by National Environmental Policy Act. 		Environmental Law 9th Dec. 8, 2020
Gulf Offshore Logistics, LLC v. Superior Court (Norris)
California's wage and hour laws apply to workers performing all or most of their work in California; residence of employees or location of employer are not relevant factors. 		Civil Procedure 2DCA/6 Dec. 8, 2020
Prang v. Amen
Respondent's petition for writ of administrative mandate was properly granted because 'stock' under Revenue and Taxation Code Section 62(a)(2) applies to all classes of stock, including both voting and non-voting stock. 		Tax 2DCA/5 Dec. 8, 2020
Humphreville v. City of Los Angeles
City's ongoing practice of transferring surplus from Department of Water and Power's revenue fund to City's General Fund did not constitute tax. 		Tax 2DCA/2 Dec. 7, 2020
People v. Abbate
Gang conspiracy statute does not require any prior agreement among conspirators to assist in commission of particular target crime. 		statutory_interpretation 1DCA/3 Dec. 7, 2020
Domestic Linen Supply Co., Inc. v. L J T Flowers, Inc.
Arbitration clause on reverse side of contract, after parties' signatures, in eight-point type, with no headings, italics, or boldface was inconspicuous; thus, petition to compel arbitration was properly denied. 		Arbitration 2DCA/6 Dec. 7, 2020
Harvest Rock Church, Inc. v. Newsom
Order 		9th Dec. 7, 2020
McGee v. S-L Snacks National
Plaintiff did not plausibly allege that, as a result of her purchase and consumption of Pop Secret, she suffered economic injury or present and future physical injury. 		Constitutional Law 9th Dec. 7, 2020
People v. Joaquin
Plea bargain requiring 12-year prison sentence was unenforceable because Senate Bill No. 136 invalidated prior prison enhancement. 		Criminal Law and Procedure 1DCA/5 Dec. 7, 2020
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