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Daily appellate reports
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People ex rel. Schlesinger v. Sachs
Despite the Election Code's usual four-year term, councilmembers could not unilaterally extend two-year terms of office because the election notice specified that they were elected for a two-year term. 		Government 4DCA/3 Dec. 6, 2023
Acheson Hotels, LLC v. Laufer
U.S. Supreme Court decided not to rule on standing issue involving Americans with Disabilities Act Reservation Rule compliance "tester." 		Disability Discrimination USSC Dec. 6, 2023
Kim v. Tinder Inc.
Plaintiff was an inadequate class representative for class action lawsuit against Tinder's age-discriminatory pricing policy because she was subject to a binding arbitration order that other class members were not. 		Consumer Law 9th Dec. 6, 2023
Bielski v. Coinbase, Inc.
Ninth Circuit delineated what steps were necessary to challenge arbitration agreement's delegation provision and what courts may consider when evaluating such disputes. 		Arbitration 9th Dec. 6, 2023
Conway v. Superior Court (People)
Trial court incorrectly concluded the plain meaning of the Sexually Violent Predator Act leaves the court with no discretion to grant a defense request for an updated Department of State Hospitals evaluation. 		Criminal Law and Procedure 2DCA/5 Dec. 5, 2023
Villarroel v. Recology
Though California has a filed rate doctrine, it did not bar class action suit against monopolistic refuse company because the claims involved bribery and fraud rather than ratemaking. 		Utilities 1DCA/3 Dec. 5, 2023
Gutierrez v. Tostado
One-year statute of limitations for healthcare providers' negligence while rendering professional services barred personal injury claims for ambulance crash even though the plaintiff was not the recipient of the services. 		Torts 6DCA Dec. 5, 2023
Charboneau v. Davis
Petitioner's second writ of habeas corpus was denied because even with a letter from a witness claiming officials told her to lie, a factfinder could have still convicted him. 		Criminal Law and Procedure 9th Dec. 5, 2023
Center for Biological Diversity v. Haaland
Agency analysis was arbitrary and capricious where it claimed that a conversation easement preventing agricultural use would save water, despite no use of the land for agriculture in ten years. 		Environmental Law 9th Dec. 5, 2023
Amended Opinion: Amalgamated Bank v. Facebook, Inc.
Facebook shareholders adequately pleaded falsity as to risk statements regarding misuse of user data where Facebook represented the risk as hypothetical, when, in fact, the risks had already materialized. 		Securities 9th Dec. 5, 2023
Doe v. Ledor
Defendant's emails to Darthmouth regarding a fellow high school senior's student body election fraud were not protected anti-SLAPP speech because they never contributed to the public conversation on the election. 		Anti-SLAPP 1DCA/4 Dec. 4, 2023
People v. Buckner
Interview of arson suspect at police station was not a custodial interrogation requiring *Miranda* obligations because suspect was not under arrest and could leave at any time. 		Criminal Law and Procedure 1DCA/4 Dec. 4, 2023
Babaria v. Blinken
Immigrants seeking injunctive relief could not demonstrate regulation requiring available visas before approving employment-based adjustment applications violated congressional intent. 		Immigration 9th Dec. 4, 2023
People v. Velasco
Despite defendant's case being on appeal, trial court retained jurisdiction of defendant's Penal Code Section 1172.75 (invalid prison priors) resentencing hearing. 		Criminal Law and Procedure 4DCA/1 Dec. 1, 2023
People v. Foley
Dual representation of criminal codefendants by the same counsel during evidentiary resentencing hearing for murder was an actual conflict of interests that prejudiced the petitioner. 		Criminal Law and Procedure 3DCA Dec. 1, 2023
Rattary v. Favro
New trial was warranted after jury was improperly instructed that defendant could not be held liable unless he had increased risk to the firefighters "beyond the risk that's inherent to their job." 		Torts 1DCA/4 Dec. 1, 2023
People v. Wiley
Once defendant's prior convictions were established by certified record, the court could consider these convictions and other related factors for determining aggravating factors even when not submitted to a jury. 		Criminal Law and Procedure 1DCA/4 Dec. 1, 2023
Phillips v. Gordon
Department of Motor Vehicles could not rely on Evidence Code Section 664 test reliability presumption when blood drawing procedure did not follow Vehicle Code section requirements. 		Evidence 1DCA/4 Dec. 1, 2023
In re K.B.
Department of Health and Social Services failed to use "due diligence" to locate and contact the adult relatives of parents whose children were removed from parental custody. 		Juveniles 1DCA/2 Dec. 1, 2023
Sanders v. County of Ventura
Opt-out fees were not part of employees' "regular rate" of pay, but rather were exempted as contributions irrevocably made by an employer pursuant to health insurance plan. 		Labor Law 9th Dec. 1, 2023
Stufkosky v. Department of Transportation
Design immunity shielded Caltrans from liability regarding a highway accident caused by a deer crossing the road. 		Government 2DCA/6 Nov. 30, 2023
In re Koenig
Defendant was not entitled to early parole consideration under Proposition 57 because he was serving an aggregate prison term for a violent offense. 		Criminal Law and Procedure 3DCA Nov. 30, 2023
Tiffany Builders, LLC v. Delrahim
Because parties evidenced intent to contract, trial court erred in determining that document drafted and signed by the parties was not a contract. 		Contracts 2DCA/8 Nov. 30, 2023
People v. Hollie
Petitioner who was entitled to ameliorative resentencing because he could not be convicted or murder under current law was not entitled to a finding of factual innocence regarding the offense. 		Criminal Law and Procedure 2DCA/7 Nov. 30, 2023
People v. Evers
Defendant waived his right to argue that restitution fines were unconstitutional because he did not argue that he lacked the ability to pay the fines and did not request a hearing concerning his ability to pay. 		Criminal Law and Procedure 1DCA/4 Nov. 30, 2023
People v. Turner
Trial court erred in determining that defendant's charges dismissal because of COVID-19 pandemic was not due to excusable neglect. 		Criminal Law and Procedure 4DCA/2 Nov. 30, 2023
Tran v. Nguyen
Plaintiff could pursue civil extortion claim against ex-wife who blackmailed him to keep her silent about the existence of their child because threats to person's character constituted "menace" under the Civil Code. 		Torts 4DCA/3 Nov. 30, 2023
Tellez-Ramirez v. Garland
Permanent resident's removal was correct as his drug conviction under Idaho law was an aggravated felony because it matched relevant federal crime. 		Immigration 9th Nov. 30, 2023
Thomas v. The Regents of the University of California
Women's soccer player recruited to play at UC Berkeley sufficiently alleged sexual harassment by the head coach since the coach berated players in a gender-based manner. 		Education 1DCA/2 Nov. 30, 2023
Modification: Marriage of Motiska and Ford
In marriage dissolution proceeding, sale of separate property to community property for $1 did not trigger Family Code Section 2640's reimbursement requirement. 		Family Law 1DCA/4 Nov. 30, 2023
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