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Garcia v. Stoneledge Furniture LLC
Trial court properly found that no agreement to arbitrate existed where differences between the purported signed arbitration agreement and other signed documents impugned the agreement's authenticity.
Arbitration 1DCA/3 May 21, 2024
Shikha v. Lyft, Inc.
Lyft's legal duty to its drivers does not extend to conducting criminal background checks on all riders seeking to use the service.
Torts 2DCA/3 May 21, 2024
California Specialty Insulation, Inc. v. Allied World Surplus Lines Insurance
The term "contractor" in an exclusion for a commercial liability insurance policy was ambiguous, and therefore plaintiff had a reasonable expectation that the policy would apply to its negligence claim.
Insurance 2DCA/7 May 21, 2024
People v. Carter
Remand was appropriate to determine whether defendant subject to petition to commit him as a sexually violent predator was entitled to disqualification of his counsel due to alleged ineffective assistance.
Criminal Law and Procedure CASC May 21, 2024
Lorch v. Superior Court (Kia Motors America, Inc.)
Petitioner's peremptory challenge to judge reassigned to her case filed before trial began was timely where the parties were notified of the reassignment via telephone call from the court clerk.
Civil Procedure 4DCA/1 May 20, 2024
Cajon Valley Union School District et al. v. Drager
Further redevelopment agency fund payments to school districts were not required after reaching cap set in pass-through agreement that predated January 1994 because the agency's plan was amended in 2007.
Municipal Law 3DCA May 20, 2024
Amended Opinion: Hittle v. City of Stockton
Summary judgment was affirmed when overwhelming evidence showed that there was no discriminatory animus in City's statements and actions regarding employee's religion.
Employment Discrimination 9th May 20, 2024
Hoglund v. Sierra Nevada Memorial-Miners Hospital
Substantial evidence supported plaintiff's age discrimination claim because ample evidence demonstrated that significant participant in her termination exhibited discriminatory animus towards her and that reasons for her firing were pretextual.
Employment Discrimination, Employment Law 3DCA May 20, 2024
Consumer Financial Protection Bureau v. Community Financial Services Assn. of America, Ltd.
Bureau of Consumer Financial Protection's funding mechanism did not violate the Constitution's Appropriations Clause.
Constitutional Law USSC May 17, 2024
Smith v. Spizzirri
When a lawsuit involves an arbitrable dispute and a party requests a stay pending arbitration, the Federal Arbitration Act compels courts to issue a stay rather than dismissing the action.
Arbitration, Statutory Interpretation USSC May 17, 2024
Harrow v. Department of Defense
Statutory 60-day deadline for bringing petitions for judicial review of decisions by the Merit Systems Protection Board was nonjurisdictional requirement that may be subject to equitable tolling.
Civil Procedure USSC May 17, 2024
Robinson v. Callais
Order
USSC May 17, 2024
Herzog et al. v. Superior Court (Dexcom, Inc.)
Website's clickwrap agreement did not create an enforceable arbitration agreement because it did not provide reasonably conspicuous notice of its terms to users clicking to accept the agreement.
Arbitration 4DCA/1 May 17, 2024
Malmquist v. City of Folsom
Trial court did not abuse its discretion in determining that individual interests predominated where expert evidence showed that at least some class members' pipe leaks were from poor workmanship rather than defendant's pH control.
Civil Procedure 3DCA May 16, 2024
Briskin v. Shopify, Inc.
Order
9th May 16, 2024
Save the Capitol, Save the Trees v. Dept. of General Services
Trial court erred by discharging preemptory writ of mandate without first determining whether defendant remedied CEQA compliance issues previously identified by the Court of Appeal.
Environmental Law, Civil Procedure 3DCA May 16, 2024
People v. Ellis
Criminal defendant who stipulated to upper term at original sentencing was not entitled to full resentencing with the middle term as the presumptive default sentence.
Criminal Law and Procedure 2DCA/6 May 16, 2024
Amended Opinion: Apache Stronghold v. U.S.
Apache tribe members were unlikely to succeed on their Free Exercise Clause claim against a transfer of sacred land because the transfer would not coerce them into acting contrary to their religious beliefs.
Constitutional Law 9th May 15, 2024
Helm v. City of Los Angeles
Because pedestrian's slip-and-fall occurred in area that was integral to the location and design of a recreational trail's pathway, trail immunity shielded the city.
Government 4DCA/1 May 15, 2024
D.K. v. Office of Administrative Hearings
Criminal defendants who are incompetent to stand trial are eligible for administrative mandamus writ relief from involuntary medication orders.
Criminal Law and Procedure 1DCA/3 May 15, 2024
Holland et al. v. Silverscreen Healthcare, Inc.
Trial court erred by denying nursing facility's petition to compel arbitration as to decendent's parents' wrongful death cause of action.
Arbitration, Torts 2DCA/2 May 14, 2024
People v. Arias
Prosecution's peremptory strike of a Black, female prospective juror for facially neutral reasons that were unsupported or implausible did not withstand scrutiny and required reversal.
Criminal Law and Procedure 1DCA/1 May 14, 2024
3 Stonedeggs, Inc. et al. v. Workers' Compensation Appeals Board et al.
Employee who was injured while driving into town from temporary work camp was covered under the Commercial Traveler rule despite employer expectation that employees avoid driving into town.
Workers' Compensation 3DCA May 14, 2024
Sandoval v. Texas
Order
USSC May 14, 2024
Equinix LLC et al. v. County of Los Angeles
Despite being the property's original owner, because property lessor's lease term was less than 35 years, it triggered change in ownership and subsequent property tax reassessment.
Real Property, Taxation 2DCA/1 May 13, 2024
Diaz v. Macys West Stores Inc.
District court erred by compelling arbitration of non-individual Private Attorneys General Act claims.
Arbitration, Employment Law 9th May 13, 2024
Bui v. Ky
Plaintiff, wife of a local politician, was not a limited-purpose public figure who needed to show defendants acted with malice in their anti-SLAPP motion.
Anti-SLAPP 4DCA/3 May 10, 2024
Culley v. Marshall
Separate preliminary hearings were constitutionally unwarranted when case law established that car owners' due process rights were protected by timely civil forfeiture hearings.
Constitutional Law USSC May 10, 2024
Warner Chappell Music, Inc. v. Nealy
Copyright plaintiffs may recover damages for acts that allegedly occurred more than three years before the filing of the lawsuit if the claims are timely filed.
Copyright, Civil Procedure USSC May 10, 2024
U.S. v. Duarte
Federal statute banning non-violent convicts from possessing firearms violated defendant's Second Amendment rights.
Constitutional Law, Criminal Law and Procedure 9th May 10, 2024