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Name Category Published
National Urban League v. Ross
Order
9th Oct. 2, 2020
Harvest Rock Church Inc. v. Newsom
Order
9th Oct. 2, 2020
Alborzi v. University of Southern California
Trial court erred by impliedly finding that hospital's decision to dissolve panel of physicians was quasi-legislative because it ignored plaintiff's factual allegations.
Civil Procedure 2DCA/4 Oct. 1, 2020
Bader v. Avon Products
'Bristol-Myers Squibb Co. v. Superior Court' does not require proof of a product defect at the jurisdictional phase.
Torts 1DCA/4 Oct. 1, 2020
Chades v. Hill
Petitioner's application for leave to file a second or successive habeas corpus petition pursuant to 28 U.S.C. Section 2244(b)(1) was denied.
Prisoners' Rights 9th Oct. 1, 2020
Revitch v. DIRECTV LLC
Arbitration agreements may not be invoked by a party's affiliate who was not an affiliate when the agreement was entered.
Arbitration 9th Oct. 1, 2020
Velasquez-Gaspar v. Barr
Substantial evidence supported agency's determination that petitioner failed to establish that Guatemalan government was unwilling or unable to protect her from abuse by her ex-boyfriend.
Immigration 9th Oct. 1, 2020
Sieg v. Fogt
Evidence was sufficient to support finding that appellant willfully departed from accepted trade standards for good and workmanlike construction in violation of Business and Professions Code Section 7109(a).
Administrative Agencies 1DCA/4 Sep. 30, 2020
People v. Duke
Trial court erred by analyzing defendant's case under requirements of felony murder but the error was harmless.
Criminal Law and Procedure 2DCA/1 Sep. 30, 2020
People v. Johnson
Appellant's recommitment order under Mentally Disordered Offender Act was reversed based on absence of evidence showing appellant would be led to endanger others.
Criminal Law and Procedure 1DCA/2 Sep. 30, 2020
Williams v. County of Sonoma
If primary assumption of risk doctrine applied, County nonetheless owed plaintiff duty not to increase inherent risks of long-distance, recreational cycling.
Torts 1DCA/5 Sep. 30, 2020
Butler America v. Aviation Assurance Co.
Trial court properly added defendants as judgment debtors because evidence supported its finding that defendants were alter egos of original judgment debtor, which was a shell entity.
Corporations 2DCA/6 Sep. 30, 2020
People v. Bentley
Appellant was not eligible for resentencing under Penal Code Section 1170.95 because he was not convicted of felony murder or murder pursuant to a natural and probable consequences theory.
statutory_interpretation 2DCA/6 Sep. 30, 2020
Reyes v. Kruger
Appellant's challenge to the order on anti-SLAPP motions was not cognizable on appeal from the judgment.
Anti-SLAPP 6DCA Sep. 29, 2020
Santos v. Crenshaw Manufacturing, Inc.
'Power press exception' to principle of workers' compensation exclusivity applied because machine's instruction manual required use of 'adequate guards,' which went unheeded by present user.
Labor Law 4DCA/3 Sep. 29, 2020
Miller v. C.H. Robinson Worldwide
Plaintiff's negligence claim against freight broker fell within Federal Aviation Administration Authorization Act's exception to preemption for 'the safety regulatory authority of a State with respect to motor vehicles.'
statutory_interpretation 9th Sep. 29, 2020
Ford v. Peery
Prosecutor's repeated statements, endorsed by trial judge, that presumption of innocence no longer applied violated due process under 'Darden v. Wainwright.'
Criminal Law and Procedure 9th Sep. 29, 2020
Cook v. Kernan
Order
9th Sep. 29, 2020
Pacific Choice Seafood v. Ross
Defendant's 2.7 percent quota limiting the total allowable catch for Pacific non-whiting groundfish under Magnuson-Stevens Fishery Conservation and Management Act of 1976 was proper.
Environmental Law 9th Sep. 28, 2020
Lam v. Acosta
District court erred in denying officer's judgment as a matter of law motion on plaintiff's loss of familial relationship claim because there was insufficient evidence officer acted with requisite purpose to harm.
Civil Rights 9th Sep. 28, 2020
Cates v. Stroud
Although subjecting prison visitor to unconsented strip search without first giving her the option to leave violated the Fourth Amendment, qualified immunity applied.
Civil Rights 9th Sep. 28, 2020
U.S. v. Ramirez
Ruse that revealed officers' identity as law enforcement but misrepresented purpose of their investigation so that officers could evade limitations on their authority violated Fourth Amendment.
Criminal Law and Procedure 9th Sep. 28, 2020
Chaplin v. State Personnel Board
Employees' failure to appeal within 30 days made employer's disciplinary action final and employer was prohibited from withdrawing it and initiating new adverse action.
Government 1DCA/1 Sep. 25, 2020
Amended Opinion: In re Nanette Sisk
When there is no objection, bankruptcy plan need not include fixed duration because no express provision of Chapter 13 prohibits plans with estimated lengths.
Bankruptcy 9th Sep. 25, 2020
Torres v. Barr
'At the time of application for admission' in 8 U.S.C. Section 1182(a)(7) refers to particular point in time when noncitizen submits an application to physically enter the United States.
Immigration 9th Sep. 25, 2020
Modification: People v. Silveria and Travis
Defendants failed to demonstrate that trial court abused its discretion in denying defendants' severance motions.
Criminal Law and Procedure CASC Sep. 25, 2020
Murray v. Tran
Although alleged defamatory statements were of public concern, they were not made in connection with public discussion and thus not protected by anti-SLAPP statute.
Anti-SLAPP 4DCA/1 Sep. 25, 2020
In re Samuel A.
Trial court incorrectly characterized appellant's Welfare and Institutions Code Section 388 petition as untimely new trial motion under Code of Civil Procedure Section 659.
Dependency 2DCA/7 Sep. 25, 2020
Doe v. Google, Inc.
Because plaintiffs' claims addressed conduct affecting individual employees, as distinct from NLRA's focus on concerted activity, and because this state-court action posed no threat to NLRA's jurisdiction, local interest exception to preemption applied.
Civil Procedure 1DCA/4 Sep. 24, 2020
Heshejin v. Rostami
Plaintiffs' derivative claims were barred by compulsory cross-complaint rule because they existed in related cause of action.
Civil Procedure 2DCA/7 Sep. 24, 2020