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Name Category Published
County of Butte v. Dept. of Water Resources
Federal Power Act did not preempt state water agency from exercising authority over its own license application to operate state's water facilities.
Government CASC Aug. 2, 2022
People v. Henson
In deciding a lack of probable cause Penal Code Section 995 motion, a trial court may consider the records of multiple magistrate proceedings without court-approved consolidation of those proceedings.
Criminal Law and Procedure CASC Aug. 2, 2022
People v. Peyton
Requiring offenders still deemed sexually violent predators to use a two-step process when petitioning for release from commitment under the Sexually Violent Predators Act did not violate due process rights.
Criminal Law and Procedure 2DCA/2 Aug. 1, 2022
Rycz v. Superior Court (McGarry)
The availability of remote testimony is not a proper basis for denying a motion to transfer a case to the county where most witnesses are located.
Civil Procedure 1DCA/5 Aug. 1, 2022
Munoz v. Patel
Plaintiff's complaint alleged facts sufficient to state a viable cause of action for fraud in the execution against defendant.
Contracts 4DCA/1 Aug. 1, 2022
People v. Maplebear Inc.
City attorney, acting on behalf of the People, was not bound to Instacart's arbitration agreement for its workers as the remedies it sought were for the public.
Arbitration 4DCA/1 Aug. 1, 2022
In re Jason V.
Nunc pro tunc order correcting the period of confinement imposed was permissible because the juvenile court was merely effectuating its discretionary decision and not retroactively altering it.
Juveniles 1DCA/2 Aug. 1, 2022
People v. Superior Court (Ortiz)
Pretrial diversion is not allowed for misdemeanor DUIs.
Criminal Law and Procedure 4DCA/2 Aug. 1, 2022
Amended Opinion: Callahan v. Brookdale Senior Living Communities
Requesting to intervene in Private Attorneys General Act lawsuit because the PAGA settlement was too small was a disagreement over litigation strategy not meriting intervention as a matter of right.
Civil Procedure 9th Aug. 1, 2022
City and County of San Francisco v. Garland
California and San Francisco's Tenth Amendment challenges to federal provisions were not ripe because precedent already established that their laws complied with those federal provisions.
Constitutional Law 9th Aug. 1, 2022
Amended Opinion: Sansing v. Ryan
Denial of defendant's right to jury trial during penalty phase was harmless beyond reasonable doubt.
Criminal Law and Procedure 9th Aug. 1, 2022
U.S. v. Wright
Trial court's improper consideration of inapplicable sentencing policy statement during compassionate release analysis was harmless because the court alternatively denied the motion on other appropriate grounds.
Prisoners' Rights 9th Aug. 1, 2022
Padilla v. Immigration and Customs Enforcement
Order
9th Aug. 1, 2022
Essick v. County of Sonoma (Unredacted)
Because the Board of Supervisors was not the county sheriff's employer, he was not entitled to *Pitchess* protections when the newspaper requested documents pertaining to a harassment investigation.
Public Records Act 1DCA/4 Aug. 1, 2022
Chen v. Valstock Ventures, LLC
Civil Code Section 1717 does not allow for interim awards of attorneys' fees.
Civil Procedure 1DCA/4 Aug. 1, 2022
Nunez v. City of Redondo Beach
A city's policy of repairing half-inch sidewalk defects did not mean that a three-quarters-inch defect posed a substantial risk of injury.
Torts 2DCA/3 Jul. 29, 2022
Modification: In re Ernesto L.
When a minor is committed to the Division of Juvenile Justice, a juvenile court must apply the minor's precommitment credits against the actual maximum custodial term imposed, not the theoretical maximum exposure term.
Juveniles 1DCA/1 Jul. 29, 2022
Chicken Ranch Rancheria v. State of California
During negotiations with Indian tribes, California substantially exceeded the Indian Gaming Regulatory Act's limitation that any Class III compact provision be directly related to the operation of gaming activities.
Gaming 9th Jul. 29, 2022
Liberty Insurance Corp. v. Brodeur
District court's substantive limits on witness' testimony were reversed because the homeowners provided the necessary contact information before his testimony.
Civil Procedure 9th Jul. 29, 2022
Oertwich v. Traditional Village of Togiak
Order
9th Jul. 29, 2022
People v. Ng
Though Evidence Code Section 1291 does not explicitly permit introduction of foreign testimony, analogizing with federal case law allowed for its admissibility.
Criminal Law and Procedure CASC Jul. 29, 2022
Shiheiber v. JPMorgan Chase Bank
Trial court had authority to impose sanctions under Code of Civil Procedure Section 575.2 for local rule violations.
Attorneys 1DCA/2 Jul. 28, 2022
County of Mono v. City of Los Angeles
City's decision to reduce the water allocated for irrigation was a continuing part of an earlier, ongoing project covered by leases and not a new project subject to CEQA requirements.
Environmental Law 1DCA/4 Jul. 28, 2022
Garnier v. O'Connor-Ratcliff
School board trustees violated parents' First Amendment rights when trustees completely blocked parents from the trustees' social media pages.
Constitutional Law 9th Jul. 28, 2022
Martinez Alquijay v. Garland
Petitioner's request for time extension of his application for asylum was denied because his age, ignorance of the law and English, and stress from fleeing Guatemala were not extraordinary circumstances.
Immigration 9th Jul. 28, 2022
Meiri v. Shamtoubi
Amended trust's no contest clause was enforceable against beneficiary's untimely petition to contest trust, as it was a direct contest under both Probate Code Section 21311(b) and the amended trust.
probate_and_trusts 2DCA/3 Jul. 27, 2022
People v. McCune
Trial court retained jurisdiction to set hit-and-run victim's restitution amount even after defendant's probation was terminated early by amended probation limits.
Remedies 1DCA/5 Jul. 27, 2022
U.S. v. Willy
In open carry state, there was no probable cause to arrest defendant carrying a firearm where witnesses had stated defendant had displayed the weapon but had not threatened anyone.
Criminal Law and Procedure 9th Jul. 27, 2022
National Railroad Passenger Corp. v. Brotherhood of Locomotive Engineers and Trainmen
The federal Railroad Unemployment Insurance Act preempts California's Healthy Workplaces, Healthy Families Act as to any "sickness benefits" for California railroad employees.
Employment Law 9th Jul. 27, 2022
Fort v. State of Washington
Indeterminate Sentencing Review Board setting of hearings pursuant to Washington state statute was part of a judicial function warranting quasi-judicial immunity.
Criminal Law and Procedure 9th Jul. 27, 2022