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Name Category Published
South Lake Tahoe Property Owners Group v. City of South Lake Tahoe
South Lake Tahoe vacation home renters did not have a vested constitutional property right from reliance on vacation home rental permits because the rental permits only granted a revocable license. 		Real Property 3DCA Jun. 21, 2023
In re H.B.
Family services department's inquiry under ICWA into child's potential Indian heritage was adequate where the department asked two generations of relatives from both sides of the family about such heritage. 		Dependency 2DCA/8 Jun. 21, 2023
Bennett v. Ohio National Life Assurance Corp.
Statutes of limitation for insured's breach of contract and covenant of good faith claims against insurance company did not begin to run until the company stopped making disability payments. 		Insurance 1DCA/3 Jun. 21, 2023
People v. Tilley
Trial court properly imposed the middle term on defendant with mental health issues for a prior serious strike where the defendant failed to object to the imposition of the sentence. 		Criminal Law and Procedure 3DCA Jun. 21, 2023
McConnell v. Advantest America
Subpoenas issued by arbitrator on nonparty requiring production of documents at a hearing set for that purpose was an impermissible use of the arbitrator's subpoena power for discovery purposes. 		Arbitration 4DCA/1 Jun. 20, 2023
In re Damari Y.
Father entitled to hearing on petition to modify order terminating reunification services where new evidence showed his incarceration during COVID-19 pandemic may have denied him access to reasonable reunification services. 		Dependency 1DCA/2 Jun. 20, 2023
People v. Farias
Trial court's silence at the sentencing hearing on strike allegations for defendants' prior serious felonies meant the allegations were assumed to be untrue. 		Criminal Law and Procedure 3DCA Jun. 19, 2023
Rodas-Gramajo v. Superior Court (People)
Order granting prosecution a new preliminary hearing to proffer additional evidence for a gang enhancement was not an abuse of discretion where the omissions were minor and due to the new law. 		Criminal Law and Procedure 1DCA/3 Jun. 19, 2023
Shah v. Dept. of Human Resources
State employee's claim was timed barred by specific limitations period provided for claims related to laws administered by CalHR that took precedence over more general period provided for government claims. 		Civil Procedure 3DCA Jun. 19, 2023
Modification: Campana v. East Bay Municipal Utility District
Statute of limitations on plaintiffs' complaint invalidating water fees began when the fee structure was adopted, not when the fees were imposed, since the complaint was intended to invalidate the resolutions. 		Administrative Agencies 1DCA/4 Jun. 19, 2023
United States ex rel. Polansky v. Executive Health Resources, Inc.
The Government may move to dismiss a qui tam action under the False Claims Act regardless of whether it intervened during the seal period or later during the action. 		Civil Procedure USSC Jun. 19, 2023
Lora v. U.S.
Sentence for conviction under 18 U.S.C. Section 924(j) not governed by consecutive-sentence mandate contained in 18 U.S.C. Subsection 924(c) despite former's reference to the latter with respect to offense elements. 		Criminal Law and Procedure USSC Jun. 19, 2023
Hopson v. Alexander
Use of force predicated on suspicion of impending criminal activity was not sufficient basis for denying qualified immunity from claims based on those acts because it was not objectively unreasonable. 		Civil Rights 9th Jun. 19, 2023
Modification: San Bernardino County Board of Supervisors v. Monell
Voter initiative limiting San Bernardino County supervisors to a single four-year term was constitutional. 		Constitutional Law 4DCA/2 Jun. 19, 2023
Briggs v. Elliott
Trial court properly awarded prevailing party postjudgment collection costs on anti-SLAPP judgment because plaintiff failed to file a timely motion to tax costs. 		Remedies 4DCA/1 Jun. 19, 2023
People v. Ocegueda
Defendant's first degree murder conviction was affirmed where nothing in the record indicated that the jury was improperly instructed regarding when the objective standard for provocation should be applied. 		Criminal Law and Procedure 4DCA/3 Jun. 16, 2023
Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin
The Bankruptcy Code unambiguously abrogates the sovereign immunity of all governments, including federally recognized Indian tribes. 		Bankruptcy USSC Jun. 16, 2023
Haaland v. Brackeen
Indian Child Welfare Act's Indian family placement preferences did not violate Congress's Article I powers because Congress's power to legislate regarding Indian affairs was plenary even in state custody proceedings. 		Native American Affairs USSC Jun. 16, 2023
Smith v. U.S.
The Constitution permits the retrial of a defendant following vacatur for a trial in an improper venue conducted before a jury drawn from the wrong district. 		Criminal Law and Procedure USSC Jun. 16, 2023
Leach v. Kijakazi
Administrative Law Judge's omission of an important qualifying adjective when questioning vocational expert about jobs available for a hypothetical person with disability claimant's mental limitations was not a harmless error. 		Administrative Agencies 9th Jun. 16, 2023
Aargon Agency Inc. v. O'Laughlin
Denial of temporary restraining order and preliminary injunction was appropriate where debt collectors failed to establish their facial challenge to Nevada S.B. 248 was likely to succeed on the merits. 		Consumer Law 9th Jun. 16, 2023
Lucas v. City of Pomona
Overlay district established by city for its commercial cannabis permit program was exempt from California Environmental Quality Act because it was consistent with the existing general plan and environmental report. 		Environmental Law 2DCA/8 Jun. 15, 2023
Modification: People v. Odell
Prosecutor's potentially ambiguous statements about a heat of passion defense were irrelevant because video evidence showed the allegedly provocating confrontation was relatively minor. 		Criminal Law and Procedure 2DCA/8 Jun. 15, 2023
Modification: North American Title Company v. Superior Court (Cortina)
Insurance companies' judge disqualification claim, based on judge's bias because of comments regarding companies' chicanery, was unwaivable. 		Judges 5DCA Jun. 15, 2023
Wildearth Guardians v. U.S. Forest Service
Environmental groups lacked standing where they could not demonstrate possible lethal removal of wolves from Colville Forest was traceable to U.S. Forest Service, which neither regulated nor performed removals. 		Civil Procedure 9th Jun. 15, 2023
U.S. v. Lucas
Finding that defendant's firearm could accept a large capacity magazine, which subjected him to a sentence enhancement with an extremely disproportionate impact, was not supported by clear and convincing evidence. 		Criminal Law and Procedure 9th Jun. 15, 2023
People v. Waqa
Opinion 		1DCA/1 Jun. 14, 2023
People v. Waqa
Evidence that was insufficient to support defendant's enhanced sentence for aggravated kidnapping was still sufficient to support an enhanced sentence for the lesser included offense of simple kidnapping. 		Criminal Law and Procedure 1DCA/1 Jun. 15, 2023
U.S. Securities & Exchange Commission v. Husain
Summary judgment and imposition of $1,757,000 civil penalty were inappropriate where genuine issues of material fact existed as to the amount of the defendant's gross pecuniary gain and scienter. 		Securities 9th Jun. 14, 2023
U.S. v. PetroSaudi Oil Services
Funds held in account controlled by High Court of England and Wales were not shielded by Foreign Sovereign Immunities Act because privately-owned corporate entity still retained ownership of the funds. 		Civil Procedure 9th Jun. 14, 2023
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