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Election Integrity Project California, Inc. v. Lunn
Under Election Code Section 15104(d), an observer's "sufficiently close" access to view election procedures did not mean "breathing down the necks of the election workers."
Government 2DCA/6 Feb. 3, 2025
Huntsman v. Corporation of the President
Summary judgment on fraud claim against church was appropriate where there was no evidence the church had knowingly made any misrepresentations of fact regarding its use of members' tithing funds.
Torts, Constitutional Law 9th Feb. 3, 2025
Howard Jarvis Taxpayers Assn. v. Coachella Valley Water Dist.
Coachella Valley Water District's significantly discounted rates for commercial agricultural users were unlawful, and a refund remedy was constitutionally mandated.
Constitutional Law, Water Rights 4DCA/2 Feb. 3, 2025
People v. Hamilton
Designation of federal felony conviction as equivalent to felony violation of state wobbler offense, resulting in requirement to register as a sex offender for life, did not violate equal protection.
Criminal Law and Procedure 2DCA/3 Jan. 31, 2025
Martinez v. Sai Long Beach B, Inc.
Although used-car sales contract contained an attorney fees provision, Song-Beverly Act disallowed defendant from being awarded attorney fees as the prevailing party.
Consumer Law, Contracts 2DCA/5 Jan. 30, 2025
In re Grand Jury Investigation
Attorney could not be ordered to provide privilege log of documents transferred to the attorney for seeking legal advice that would still have been privileged in the client's hands.
Attorneys, Constitutional Law 9th Jan. 30, 2025
Modification: Hearn v. Pacific Gas & Electric Co.
Plaintiff's defamation claim was not separately actionable from the wrongful termination claim he dropped before trial where the claims arose from the same wrongful conduct and requested the same damages.
Employment Law, Torts 1DCA/3 Jan. 30, 2025
Doerr v. Shinn
Stay was warranted to allow death-row prisoner to present claims to Arizona state court in a second postconviction petition where failure to present evidence was the basis for his ineffective assistance claim.
Habeas Corpus 9th Jan. 30, 2025
Ng v. Superior Court (Los Alamitos Medical Center Inc.)
Wrongful death and medical malpractice claims were sufficiently separate and distinct to warrant separate non-economic damage caps under the Medical Injury Compensation Reform Act.
Torts, Health Care 4DCA/3 Jan. 30, 2025
Bakos v. Roach
There was a triable issue of fact as to whether the lack of a post-seizure administrative hearing caused injury to an owner of animals seized by the Humane Society.
Animal Law 3DCA Jan. 30, 2025
Colon-Perez v. Security Industry Specialists
Code of Civil Procedure Section 473(b)'s discretionary relief for mistake, surprise, or excusable neglect could not be reconciled with Section 1281.98's strict deadline requirement for arbitration fees.
Arbitration 1DCA/1 Jan. 30, 2025
People v. Rogers
A trial court has the authority to strike prior criminal "Strikes" at a Penal Code Section 1172.75 (prison priors) resentencing.
Criminal Law and Procedure 6DCA Jan. 29, 2025
People v. Martinez
Resentencing petitioner's failure to raise an objection regarding Penal Code Section 1172.6's "same judge" rule was a forfeiture of that argument on appeal.
Criminal Law and Procedure 2DCA/1 Jan. 29, 2025
Carmichael v. Cafe Sevilla of Riverside, Inc.
Negligence per se claim failed because violation of a conditional use permit is not a "violation of a statute or ordinance."
Torts 4DCA/3 Jan. 28, 2025
Hearn v. Pacific Gas & Electric Co.
Plaintiff's defamation claim was not separately actionable from the wrongful termination claim he dropped before trial where the claims arose from the same wrongful conduct and requested the same damages.
Employment Law, Torts 1DCA/3 Jan. 28, 2025
Davis v. Smith
Order
USSC Jan. 28, 2025
Johnson v. High Desert State Prison
The Prison Litigation Reform Act does not prevent prisoners from proceeding together in a lawsuit.
Prisoners' Rights 9th Jan. 28, 2025
Modification: In re Stephenson on Habeas Corpus
Sexually violent predator's continued commitment despite trial court's conditional release order did not violate Sexual Violent Predator Act.
Criminal Law and Procedure 3DCA Jan. 28, 2025
McHenry v. Texas Top Cop Shop, Inc.
Order
USSC Jan. 27, 2025
Villagomez v. McHenry
Nevada felony battery resulting in substantial bodily harm is categorically a crime of violence for the purposes of removal.
Immigration 9th Jan. 27, 2025
Associated General Contractors v. Dept. of Industrial Relations
California Apprenticeship Council's amendments ensuring that apprentices would not be used as cheap labor were within its rulemaking authority and consistent with governing laws.
Employment Law 3DCA Jan. 24, 2025
Navarro v. Cervera
Domestic violence restraining order petitioner seeking to renew restraining order had a reasonable fear of future abuse where her former partner had attempted a murder-suicide and violated a prior restraining order.
Family Law 1DCA/3 Jan. 24, 2025
Arizona Attorneys for Criminal Justice v. Mayes
Defense attorneys' facial challenge to Arizona's Victim Contact Limit failed when it only contested a particular application of the statute, which would not be substantially disproportionate to the unchallenged, lawful use of the statute.
Constitutional Law 9th Jan. 24, 2025
Cox v. City of Oakland
Since land parcel had always been conveyed with contiguous land, it was never a separate legal parcel created because of a division of land under the Subdivision Map Act.
Real Property CASC Jan. 24, 2025
People v. Lopez
A criminal case in which an appellate court affirmed a conviction but remanded for resentencing was not final and therefore subject to retroactive applicability of ameliorative legislation.
Criminal Law and Procedure CASC Jan. 24, 2025
Villalva v. Bombardier Mass Transit Corp.
Despite being unsuccessful in their Berman hearings, employees who succeeded with the de novo review of their case in superior court were properly awarded attorney fees.
Employment Law, Civil Procedure 4DCA/1 Jan. 23, 2025
People v. Villagrana
Criminal appellant could still be convicted of murder where he pled no contest to voluntary manslaughter and was the only person who admitted using a firearm during the offense.
Criminal Law and Procedure 2DCA/6 Jan. 23, 2025
Callister v. James B. Church & Associates
Failure to advise a client to file a protective claim for a refund was not a protected activity under the anti-SLAPP statute.
Anti-SLAPP, Trust and Estates 4DCA/1 Jan. 23, 2025
Sheehy v. Chicago Title Insurance Co.
Trial court's order granting motion in limine to preclude attorney's expert testimony was not directly appealable.
Civil Procedure, Evidence 4DCA/3 Jan. 23, 2025
Nevin v. Colvin
Where administrative law judge reopened and reversed social security disability applicant's award of benefits, district court had jurisdiction to review case.
Administrative Agencies 9th Jan. 23, 2025