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Sheltra v. Christensen
To exhaust administrative remedies, an inmate need not file repeated grievances if they have identified one continuing harm or course of conduct.
Prisoners' Rights 9th Jan. 2, 2025
Huff v. Interior Specialists, Inc.
After ordering plaintiff's individual Private Attorneys General Act claims to arbitration, trial court erred in dismissing the nonindividual PAGA claims plaintiff brought on behalf of other aggrieved employees.
Arbitration 4DCA/1 Dec. 31, 2024
People v. Hodge
Because trial court was under no statutory obligation to respond to defendant's Penal Code Section 1172.1 request for resentencing, case was not appealable and dismissed.
Criminal Law and Procedure 2DCA/2 Dec. 31, 2024
U.S. v. In
Where officers spotted an unsecured gun in the back seat of defendant's car, *Terry* stop did not escalate into a *de facto* arrest without probable cause.
Criminal Law and Procedure 9th Dec. 31, 2024
Markel v. Union of Orthodox Jewish Congregations of America
A mashgiach was considered a "minister" within the Union of Orthodox Jewish Organization of America, and therefore could not bring employment claims against the Organization.
Employment Law, Constitutional Law 9th Dec. 31, 2024
Thomas v. County of Humboldt
Property owners alleged plausible Eighth Amendment claim under Excessive Fines Clause where County's administrative penalties and fees pertaining to cannabis abatement were apparently punitive rather than remedial.
Constitutional Law 9th Dec. 31, 2024
U.S. v. DeFrance
Montana family member assault conviction did not subsequently forbid the possession of firearms because it did not categorically require physical force.
Criminal Law and Procedure 9th Dec. 31, 2024
Leeper v. Shipt, Inc.
Since all Private Attorneys General Act claims necessarily contain individual and representative components, the individual component may be compelled to arbitration, staying litigation of the representative component.
Employment Law, Arbitration 2DCA/1 Dec. 31, 2024
Modification: Casa Mira Homeowners Assn. v. California Coastal Commission
Because "existing structures" under Coastal Act Section 30235 meant those structures in place when the statute was enacted, protective shoreline armoring only included the 1972 and not 1984 building.
Environmental Law 1DCA/3 Dec. 31, 2024
People v. Gudiel
Petitioner was not entitled to resentencing because he could still be convicted of murder based on the still-valid theory of implied malice given his acts taken to aid life-threatening attack.
Criminal Law and Procedure 2DCA/8 Dec. 30, 2024
Alliance Marce & Eva Stern Math & Science High School v. Public Employment Relations Board
Gov. Code Section 3350, which prohibits public employers from discouraging union membership, is not facially unconstitutional because it regulates only government speech unprotected by the First Amendment.
Government, Education 2DCA/2 Dec. 30, 2024
People v. Stubblefield
A prosecutor who explicitly raised a defendant's race during closing arguments as a factor in law enforcement decision-making violated the California Racial Justice Act.
Criminal Law and Procedure, Civil Rights 6DCA Dec. 30, 2024
Carver v. Volkswagen Group of America, Inc.
Under the Song-Beverly Consumer Warranty Act, vehicle manufacturers may condition lemon buybacks on the purchaser's consent to keep the financial terms of the agreement confidential.
Consumer Law 2DCA/3 Dec. 30, 2024
LegalForce RAPC Worldwide v. LegalForce, Inc.
Because Japanese corporation's selling of equity did not involve goods or services, trademark infringement claim under the Lanham Act was properly dismissed.
Intellectual Property 9th Dec. 30, 2024
Martinez v. Clark
Board of Immigration Appeals did not abuse its discretion by concluding defendant's rehabilitative efforts and compliance with the law did not outweigh his apparent dangerousness due to past cocaine distribution.
Immigration, Habeas Corpus 9th Dec. 30, 2024
Singh v. City of Phoenix
The use of deadly force by an officer was not objectively reasonable because the plaintiff did not brandish a knife, but rather held it to his own neck.
Qualified Immunity 9th Dec. 27, 2024
Magana-Magana v. Garland
Ninth Circuit had jurisdiction to review whether a non-citizen showed "extraordinary circumstances" to waive the one-year motion-to-reopen deadline under the Violence Against Women Act (VAWA).
Immigration 9th Dec. 27, 2024
U.S. v. Shuemake
Where witness's earlier sworn statement contradicted his grand jury statements, district court did not err in admitting the statement.
Criminal Law and Procedure, Evidence 9th Dec. 27, 2024
Capito v. San Jose Healthcare System, LP
Hospitals have no duty under the UCL or CLRA to disclose fees for evaluation and management services (EMS) prior to treating emergency room patients.
Health Care CASC Dec. 26, 2024
Mendez v. Superior Court (People)
Because defendant was also charged with felonies when found mentally incompetent, Penal Code Section 1370.01 was inapplicable, and trial court did not err in denying dismissal of defendant's misdemeanor case.
Criminal Law and Procedure 4DCA/3 Dec. 26, 2024
People v. Perrot
Parole condition prohibiting sex offender from accessing and using computer devices was narrowly tailored to further compelling state interest of protecting children.
Criminal Law and Procedure 1DCA/4 Dec. 26, 2024
Woolard v. Regent Real Estate Services
A homeowners association and its management company did not have a duty to involve itself in a dispute between tenants.
Torts 4DCA/3 Dec. 26, 2024
Wiley v. Kern High School District
Parent charged with misdemeanors due to altercation with school law enforcement failed to plead a First Amendment Bane Act claim where she did not specifically allege the content and audience of her speech.
Civil Rights 5DCA Dec. 26, 2024
Hovannisian v. City of Fresno
A complaint regarding a special assessment cannot be resolved through preemptive suit; it must instead be paid and then resolved through an action for a refund.
Tax 5DCA Dec. 26, 2024
Catlin v. Broomfield
Federal habeas claim regarding ex parte communication was properly denied where it had previously been summarily denied by state supreme court and was not contrary to clearly established federal law.
Habeas Corpus 9th Dec. 26, 2024
China Unicom (Americas) Operations Limited v. Federal Communications Commission
FCC's authority under the Communications Act to "issue" certificates to telecommunications carriers bears an implied incidental authority to revoke such certificates.
Administrative Agencies, Commercial Law 9th Dec. 26, 2024
Singh v. Garland
Board of Immigration Appeals erred in denying asylum seeker's motion to reopen when information independent of a prior adverse credibility finding was presented.
Immigration 9th Dec. 26, 2024
Newell v. Superior Court (Rollins)
Petitioner's lis pendens on property bought with trust assets was proper because her probate claims affected title to the property.
Trust and Estates, Real Property 2DCA/7 Dec. 24, 2024
Humboldt Alliance for Responsible Planning v. California Coastal Commission
Consistency determination for tribe's hotel construction was not improperly based on policies not found in the Coastal Zone Management Act when written determination made no mention of those policies.
Environmental Law, Native American Affairs 1DCA/5 Dec. 24, 2024
Chmukh v. Garland
A petitioner's conviction for Washington possession of a stolen vehicle was an aggravated felony and rendered him ineligible for asylum.
Immigration 9th Dec. 24, 2024