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Modification: Wash v. Banda-Wash
Because a remittitur is not served on parties, defendant's motion for her attorney fees and costs was ineligible for statutory extension for service and the request deemed untimely.
Civil Procedure 5DCA Mar. 6, 2025
Ratha v. Rubicon Resources, LLC
Order
9th Mar. 6, 2025
Department of State v. AIDS Vaccine Advocacy Coalition
Order
USSC Mar. 6, 2025
Bufkin v. Collins
Determining whether veterans' disability benefits' claims' denial was in "approximate balance" under the benefit-of-the-doubt rule, necessitated only assessment of mostly factual issues for clear error.
Veterans' Affairs USSC Mar. 6, 2025
U.S. v. Steinman
Thirty-minute-long traffic stop was not unreasonably prolonged where officer questioned defendant while writing the citation and waiting for the criminal history check.
Criminal Law and Procedure, Evidence 9th Mar. 6, 2025
Hartzell v. Marana Unified School Dist.
Summary judgment on First Amendment retaliation claim was not appropriate where jury could have concluded school district banned parent from school property for criticizing administrator rather than alleged disruptive conduct.
Constitutional Law 9th Mar. 6, 2025
Herren v. George S.
Elder Abuse Act restraining order was upheld where evidence fully supported that attorney used undue influence to obtain a $100,000 retainer fee agreement from medically-incompetent elder.
Trust and Estates, Attorneys 1DCA/3 Mar. 5, 2025
Politsch v. Metroplaza Partners, LLC
Trial court did not abuse discretion when its decision to vacate default judgment based on Defendant's mistake was well-supported and analyzed.
Civil Procedure 2DCA/8 Mar. 5, 2025
Kim v. New Life Oasis Church
Issue preclusion prevented attorney from relitigating validity of lien on real property securing attorney's fees because he was in privity with party to first litigation that necessarily decided the issue.
Civil Procedure, Attorneys 2DCA/8 Mar. 5, 2025
City and County of San Francisco v. Environmental Protection Agency
The Environmental Protection Agency is not authorized to include "end-result" provisions in its National Pollutant Discharge Elimination System permits.
Environmental Law USSC Mar. 5, 2025
Gopher Media LLC v. Melone
Order
9th Mar. 5, 2025
U.S. v. Bowers
Defendant could not invoke the jury provision in Article III of the Constitution during a supervised release revocation hearing.
Criminal Law and Procedure, Constitutional Law 9th Mar. 5, 2025
State of Montana v. Talen Montana, LLC
District court correctly applied "navigable in fact" test to quiet title for the U.S in decades-long dispute with Montana regarding ownership of riverbeds along the Missouri River.
Government 9th Mar. 5, 2025
Day v. Henry
Statutes requiring retailers wishing to ship liquor directly to consumers maintain a physical location managed by a resident were not discriminatory because it applied equally to in-state and out-of-state companies.
Constitutional Law 9th Mar. 5, 2025
Jackson v. Superior Court (People)
Statistical and other evidence was sufficient to entitle defendant to evidentiary hearing on whether there was a violation of the Racial Justice Act due to officers' implicit bias.
Criminal Law and Procedure 4DCA/1 Mar. 4, 2025
Ryan v. County of Los Angeles
Publicly operated health facilities are subject to Health and Safety Code Section 1278.5 whistleblower claims.
Government 2DCA/3 Mar. 4, 2025
Santa Ana Police Officers Assn. et al. v. City of Santa Ana
City's failure to follow mandated procedures regarding investigation into the public release of police officers' records required mandamus relief to compel its compliance.
Municipal Law 4DCA/3 Mar. 4, 2025
Moniz v. Adecco USA, Inc.
Private Attorneys General Act plaintiff lacked standing to move to vacate settlement reached in overlapping PAGA action against the same defendant.
Employment Law, Civil Procedure 1DCA/4 Mar. 4, 2025
People v. Hill
Defendant was not eligible for resentencing under Penal Code Section 1172.6 where the jury was not instructed on the natural and probable consequences doctrine.
Criminal Law and Procedure 1DCA/2 Mar. 4, 2025
Speech First, Inc. v. Whitten
Order
USSC Mar. 4, 2025
Johnson v. Myers
Officers not entitled to qualified immunity for using deadly force without warning less than six seconds after kicking in door where suspect raised his hand in compliance with officers' commands.
Qualified Immunity 9th Mar. 4, 2025
50 Exchange Terrace LLC v. Mount Vernon Specialty Insurance Co.
Plaintiff lacked standing and ripeness to sue insurer prior to conducting an appraisal required by the parties' insurance policy.
Insurance, Civil Procedure 9th Mar. 4, 2025
People v. Patton
Trial court did not engage in improper factfinding by determining that defendant's conclusory legal allegations that conflicted with the record were insufficient to establish a prima facie case for resentencing relief.
Criminal Law and Procedure CASC Mar. 4, 2025
Zaragoza v. Adam
Expert declaration concluding that medical negligence defendant acted within the standard of care without providing underlying facts and reasons was insufficient to satisfy defendant's burden at the summary judgment stage.
Torts, Civil Procedure 1DCA/3 Mar. 3, 2025
Pateras v. Armenta
Payments father received from Indian tribe's general welfare program constituted income that, while not taxable, could be considered to calculate child support.
Family Law, Native American Affairs 2DCA/6 Mar. 3, 2025
People v. Planchard
Defendant's harassing and threatening messages constituted stalking even though they were publicly posted on Facebook, rather than directly sent to the victim.
Criminal Law and Procedure 3DCA Mar. 3, 2025
In re J.B.
De facto parent lacked standing to appeal order granting additional reunification services to minor's biological parents because she was not a party aggrieved by the order she sought to appeal.
Dependency 4DCA/2 Mar. 3, 2025
People v. Wilson
Because prosecutorial directive was not a recommendation to, or stipulation for, defendant's resentencing, trial court did not have jurisdiction and therefore appropriately dismissed the case.
Criminal Law and Procedure 1DCA/3 Mar. 3, 2025
Estate of Tarlow
Probate Code Section 11700 conferred standing to trustee who, as devisee of a $20 million trust fund, had a claim regarding an estate's distribution.
Trust and Estates 2DCA/4 Mar. 3, 2025
American Federation of State, County and Municipal Employees v. City of Los Angeles
No constitutional violation where suspended terms of a reciprocal retirement benefits arrangement between a utility and City of Los Angeles did not involve vested rights.
Government 2DCA/7 Mar. 3, 2025