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Villalva v. Bombardier Mass Transit Corp.
Despite being unsuccessful in their Berman hearings, employees who succeeded with the de novo review of their case in superior court were properly awarded attorney fees.
Employment Law, Civil Procedure 4DCA/1 Jan. 23, 2025
People v. Villagrana
Criminal appellant could still be convicted of murder where he pled no contest to voluntary manslaughter and was the only person who admitted using a firearm during the offense.
Criminal Law and Procedure 2DCA/6 Jan. 23, 2025
Callister v. James B. Church & Associates
Failure to advise a client to file a protective claim for a refund was not a protected activity under the anti-SLAPP statute.
Anti-SLAPP, Trust and Estates 4DCA/1 Jan. 23, 2025
Sheehy v. Chicago Title Insurance Co.
Trial court's order granting motion in limine to preclude attorney's expert testimony was not directly appealable.
Civil Procedure, Evidence 4DCA/3 Jan. 23, 2025
Nevin v. Colvin
Where administrative law judge reopened and reversed social security disability applicant's award of benefits, district court had jurisdiction to review case.
Administrative Agencies 9th Jan. 23, 2025
Teter v. Lopez
Amendment of statute restricting possession of butterfly knives mooted Second Amendment challenge because new law did not burden the plaintiff's rights in the same fundamental way as the original version.
Constitutional Law 9th Jan. 23, 2025
Andrew v. White
Case was remanded where state court allowed for introduction of evidence focusing on defendant's sexual history despite its violation of clearly established Due Process principles.
Criminal Law and Procedure USSC Jan. 22, 2025
U.S. v. Velazquez
In cases confined to drug importation charges, courts do not abuse their discretion when admitting relevant, probative, not unduly prejudicial evidence of the retail value of narcotics.
Criminal Law and Procedure, Evidence 9th Jan. 22, 2025
G.P.P., Inc. v. Guardian Protection Products, Inc.
Abandonment of certain claims did not operate as voluntary dismissal for determining the prevailing party because there was no clear and unambiguous expression of an intent to abandon the claims.
Civil Procedure, Contracts 9th Jan. 22, 2025
National Labor Relations Board v. Macy's Inc.
A union was not clearly and fully informed of the conditions necessary to be reinstated and therefore the business's lockout was unlawful.
Labor Law 9th Jan. 22, 2025
Montana Wildlife Federation v. Haaland
Change in Bureau of Land Management policy that was plainly inconsistent with its affirmative duties under existing land use management plan without any rational justification violated the Administrative Procedures Act.
Environmental Law, Administrative Agencies 9th Jan. 21, 2025
Mamer v. Weingarten
Family Code Section 7637 authorized a court to direct a parent to pay in vitro fertilization costs as part of "reasonable expenses of the mother's pregnancy" in its discretion.
Family Law 4DCA/1 Jan. 21, 2025
Kumar v. Garland
Order
9th Jan. 21, 2025
TikTok Inc. v. Garland
The TikTok ban is content-neutral, subject to intermediate scrutiny, and does not violate the First Amendment.
Constitutional Law USSC Jan. 21, 2025
Town of Apple Valley v. Apple Valley Ranchose Water
Trial court erred in applying the wrong burden of proof and standard of review in deciding public utility could acquire private water utility system within its boundaries through eminent domain.
Water Rights 4DCA/2 Jan. 17, 2025
Modification: 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 Jan. 17, 2025
L.W. v. Audi AG
Trial court had personal jurisdiction over Audi's German-HQ entity under the stream-of-commerce theory.
Civil Procedure, Torts 3DCA Jan. 17, 2025
ParaFi Digital Opportunities v. Egorov
Personal jurisdiction was lacking where there was no evidence in the record that defendant purposefully availed himself of California benefits and instead, plaintiffs sought him out for investment opportunities.
Civil Procedure 1DCA/2 Jan. 17, 2025
Cole v. Superior Court (People)
Order
1DCA/3 Jan. 17, 2025
Nwauzor v. The GEO Group, Inc.
The application of Washington's Minimum Wage Act to civil detainees held in GEO's privately operated federal detention center did not violate the doctrine of intergovernmental immunity.
Government, Immunity 9th Jan. 17, 2025
People v. Bey
Trial court did not abuse its discretion in revoking criminal defendant's pro per status when defendant's behavior disrupted proceeding.
Criminal Law and Procedure 2DCA/2 Jan. 17, 2025
City and County of San Francisco v. Public Utilities Commission
Public Utility Commission decision to issue permit to Waymo LLC to operate driverless autonomous vehicles for hire was not outside the confines of its authority or an abuse of discretion.
Administrative Agencies 1DCA/1 Jan. 16, 2025
In re Stephenson on Habeas Corpus
Sexually violent predator's continued commitment despite trial court's conditional release order did not violate Sexual Violent Predator Act.
Criminal Law and Procedure 3DCA Jan. 16, 2025
E.M.D. Sales, Inc. v. Carrera
The preponderance-of-the-evidence standard applies for an employer to demonstrate that an employee is exempt from the minimum wage and overtime pay provisions of the Fair Labor Standards Act.
Employment Law USSC Jan. 16, 2025
Royal Canin U. S. A. v. Wullschleger
A plaintiff's amendment of complaint to remove federal-law claims divests a federal court of jurisdiction.
Civil Procedure USSC Jan. 16, 2025
U.S. v. Sapalasan
Order
9th Jan. 16, 2025
Carralero v. Bonta
Order
9th Jan. 16, 2025
Wolford v. Lopez
Order
9th Jan. 16, 2025
Mendoza v. Tucson Unified School District
School district was not required to demonstrate perfect implementation of a unitary status plan, only good-faith compliance and the elimination of vestiges of past discrimination to the extent practicable.
Education 9th Jan. 16, 2025
People v. Superior Court (White)
Trial court erroneously concluded that jury's special circumstance finding regarding felony-murder had no preclusive effect in Penal Code Section 1172.6 resentencing proceedings.
Criminal Law and Procedure 2DCA/6 Jan. 15, 2025