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People v. Esquivias
Trial courts that grant habeas review are not obligated to revisit a defendant's entire sentence on review.
Criminal Law and Procedure 2DCA/2 Jul. 22, 2024
Dickson v. Mann
Law firm had no third-party claim on funds paid under flat fee arrangement despite a provision stating the money was earned on receipt because it had not yet provided any legal services.
Attorneys 4DCA/1 Jul. 22, 2024
AGK Sierra De Montserrat L.P. v. Comerica Bank
First-party litigation attorney fees are not covered by standard indemnity provisions as a general matter under California law unless it is explicitly stated otherwise in the contract.
Contracts 9th Jul. 22, 2024
Lopez v. Aircraft Service International Inc.
District court correctly denied motion to compel arbitration because plaintiff, an airline fuel technician, fell within the Federal Arbitration Act's transportation worker exemption.
Arbitration 9th Jul. 22, 2024
U.S. v. Duarte
Order
9th Jul. 19, 2024
Gonzales & Gonzales Bonds & Insurance Agency Inc. v. U.S. Dept. of Homeland Security
The Federal Vacancies Reform Act's "Ratification Bar" applies only to functions or duties that are singularly entrusted by statute or regulation to that officer, i.e., "nondelegable" duties.
Administrative Agencies 9th Jul. 19, 2024
Kama v. Mayorkas
Temporal proximity alone was insufficient to demonstrate employer's stated reason for firing employee was pretextual where, during same period, employee failed to cooperate with a separate investigation.
Employment Discrimination 9th Jul. 19, 2024
Bell v. Williams
Refusing to give a detainee wheelchair accommodations in a cell extraction was an unreasonable use of unnecessary force, even if even if the detainee previously disobeyed orders.
Civil Rights, Disability Discrimination 9th Jul. 19, 2024
U.S. v. Rundo
Repetitive and organized nature of violent conduct, previous criminal history, and strength of evidence were sufficient to set defendant and purported similarly-situated comparator conduct apart.
Criminal Law and Procedure 9th Jul. 19, 2024
Rosenberg-Wohl v. State Farm Fire & Casualty Co.
Insurance Code Section 2071 and plaintiff's State Farm Insurance policy's one-year limitations period did not apply to her unfair competition law cause of action seeking only declaratory and injunctive relief.
Insurance CASC Jul. 19, 2024
Let Them Choose v. San Diego Unified School Dist.
Trial court abused its discretion in denying public interest attorneys' fees to plaintiffs who successfully challenged school district's proposed COVID-19 vaccination plan.
Civil Procedure 4DCA/1 Jul. 19, 2024
Nassiri v. City of Lafayette
Development project was exempt from Environmental Quality Act review where project satisfied other criteria and no evidence showed the project site had value as habitat for rare or threatened species.
Environmental Law 1DCA/2 Jul. 19, 2024
People v. Caparrotta
Defense counsel's facially neutral reason for peremptory challenge did not require totality of the circumstances analysis by the trial court because other reasons offered were conclusively invalid by statute.
Criminal Law and Procedure 4DCA/1 Jul. 18, 2024
Modification: Marriage of Wiese
Family Code Section 1101, pertaining to spousal fiduciary duties, only encompasses breaches relating to community property and not separate property.
Family Law 4DCA/3 Jul. 18, 2024
Whiteside v. Kimberly Clark Corp.
District court erred in granting manufacturer's motion to dismiss false advertising claim by relying on product's back label to determine whether product's "plant-based" claim was ambiguous.
Consumer Law 9th Jul. 18, 2024
Behrend v. San Francisco Zen Center, Inc.
Apprentice's Americans with Disabilities Act claims against Zen Center were properly dismissed under the First Amendment's "ministerial exception."
Employment Discrimination, Constitutional Law 9th Jul. 18, 2024
Bowen v. Burns & McDonnell Engineering Co. Inc.
Trial properly granted summary judgment where independent contractor raised no triable issue as to whether hirer affirmatively contributed to his injury.
Torts 1DCA/1 Jul. 17, 2024
In re Oliveras
Prisoner's use of electronic tablet to view pornographic images stored on removable SIM card was not computer fraud or abuse under the California Code of Regulations.
Prisoners Rights 1DCA/3 Jul. 17, 2024
Subsequent Injuries Benefits Trust Fund v. Workers Compensation Appeal Board
The Subsequent Injuries Benefits Trust Fund has the burden of proof for credit for Social Security Disability Insurance and other monetary payments received by applicants.
Workers' Compensation 2DCA/6 Jul. 17, 2024
Coziahr v. Otay Water District
Recalculation of $18 million class action utility fee refund was necessary where trial court based its calculation on speculative amounts when actual data was available.
Utilities 4DCA/1 Jul. 17, 2024
California Community Choice Association v. Public Utilities Commission (Pacific Gas and Electric Company)
Given electricity aggregators' history of providing insufficient electricity to meet its customers' demands, Public Utilities Commission did not abuse its discretion in setting a later date for aggregator's proposed expansion.
Utilities 1DCA/4 Jul. 17, 2024
Mendoza v. Superior Court (People)
Instead of using formulaic pandemic excuses, trial courts must establish and evidence good cause for misdemeanor trial delays specific to the case.
Criminal Law and Procedure 1DCA/4 Jul. 17, 2024
American Apparel & Footwear Association Inc. v. Baden
Oregon's Toxic-Free Kids Act is not facially preempted by the Federal Hazardous Substances Act or the Consumer Product Safety Act.
Consumer Law 9th Jul. 16, 2024
Defense for Children International - Palestine v. Biden
Suit seeking to enjoin Executive Branch officials from facilitating Israel's allegedly genocidal military campaign in Gaza presented a political question that was non-justiciable.
Civil Procedure 9th Jul. 16, 2024
U.S. v. Livar
Due process requires a judicial determination that defendant breached a plea agreement before imposing a higher-end sentence; but the government need not secure that determination before recommending the revised sentence.
Criminal Law and Procedure 9th Jul. 16, 2024
Ramirez v. Charter Communications Inc.
California Supreme Court provided guidelines for severing unconscionable arbitration terms. Inter alia, courts should consider whether the defects indicate an intent to secure a forum that works to the stronger party's advantage.
Arbitration CASC Jul. 16, 2024
People v. Velador
Trial courts have jurisdiction to grant mental health diversion to criminal defendants after the issue of defendant's competency has been raised but before competency has been decided.
Criminal Law and Procedure 4DCA/2 Jul. 15, 2024
People v. Nguyen
Petitioner was ineligible for imputed malice resentencing relief where jury instructions necessarily meant jurors had found he harbored his own specific intent to kill.
Criminal Law and Procedure 6DCA Jul. 15, 2024
WasteXperts, Inc. v. The City of Los Angeles
Declaratory relief claim did not arise from protected prelitigation activity where the dispute would exist even if defendant had not sent prelitigation correspondence.
Anti-SLAPP 2DCA/4 Jul. 15, 2024
In re J.M.
Minor originally directly charged as an adult was entitled to retroactive application of ameliorative changes in the law that made it more difficult to transfer cases to adult criminal court.
Juveniles 3DCA Jul. 15, 2024