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Name Category Published
People v. Saibu
Trial court correctly applied the legal standard to determine whether the government had proved beyond a reasonable doubt that defendant had committed felony murder.
Criminal Law and Procedure 4DCA/1 Jul. 27, 2022
People v. Flowers
When the record clearly indicated support for trial court's imposition of the upper term pursuant to Penal Code Section 1170 as it existed at the time, trial court's decision did not warrant reversal.
Criminal Law and Procedure 2DCA/6 Jul. 27, 2022
Callanan v. Grizzly Designs, LLC
Defendant's cross-complaint was not subject to an anti-SLAPP motion to strike because the underlying conduct, violating California labor laws, was not an activity in furtherance of the right to petition.
Anti-SLAPP 3DCA Jul. 26, 2022
People v. Mitchell
In deciding a petition for resentencing under Penal Code Section 1172.6 (formerly Section 1170.95), trial courts may consider all evidence admissible under the Evidence Code.
Criminal Law and Procedure 2DCA/8 Jul. 26, 2022
Modification: Daimler Trucks North America LLC v. Superior Court (Hu)
Defendant's systematic business activities in California were sufficient to support a finding of specific jurisdiction even though the cause of action did not arise out of defendant's in-state conduct.
Civil Procedure 2DCA/5 Jul. 26, 2022
Transcon Financial, Inc. v. Reid & Hellyer, APC
Motions for sanctions filed on the 21st day of the safe harbor period instead of after the period had run required denial of the motions.
Civil Procedure 4DCA/2 Jul. 26, 2022
Francis v. City of Los Angeles
City was entitled to nonsuit for retaliation claim where plaintiff failed to present substantial evidence demonstrating that she had been subject to any adverse employment action.
Employment Law 2DCA/1 Jul. 26, 2022
Legg v. Dept. of Justice
Three-tiered registry for sex offenders convicted in adult court based on the age of the offender does not violate the Equal Protection Clause.
Criminal Law and Procedure 3DCA Jul. 26, 2022
Gallo v. Wood Ranch USA, Inc.
The Federal Arbitration Act does not preempt the California Arbitration Act's provisions governing the timing of arbitration fee payments.
Arbitration 2DCA/2 Jul. 26, 2022
U.S. v. Donnelly
An eight-month pre-hospitalization commitment of incompetent defendant to Attorney General's custody plainly exceeded any period conceivably allowed by statute.
Criminal Law and Procedure 9th Jul. 26, 2022
U.S. v. Hansen
Order
9th Jul. 26, 2022
Mull v. Motion Picture Industry Health Plan
ERISA did not prevent a plan fiduciary from implementing a self-help remedy under the terms of a health care plan since ERISA merely excluded other unauthorized causes of action.
Insurance 9th Jul. 26, 2022
Yoshikawa v. Seguirant
Regulatory enforcement based on technical violations may serve as basis of an equal protection claim when regulation would not have been enforced in the same manner but for plaintiff's race.
Civil Rights 9th Jul. 26, 2022
In re N.L.
Because minors charged with felony offenses committed at 14 years or older are no longer ineligible for informal supervision, the appropriate remedy was conditional reversal with instructions.
Juveniles 4DCA/1 Jul. 25, 2022
People v. Beasley
Stated reasons for dismissing criminal defendant's three prior strike convictions did not reasonably and justifiably support the conclusion that defendant fell outside the spirit of the Three Strikes law.
Criminal Law and Procedure 4DCA/3 Jul. 25, 2022
J.J. v. Superior Court (San Joaquin County Human Services Agency)
Ambiguous court record regarding mother's knowledge of father's physical abuse did not merit denial of reunification services.
Dependency 3DCA Jul. 25, 2022
Howitson v. Evans Hotels
Plaintiff's PAGA lawsuit alleging the same Labor Code violations as prior class action was not barred by claim preclusion because PAGA causes of action and parties are different from individual or class actions.
Employment Law 4DCA/1 Jul. 25, 2022
Modification: Seviour-Iloff v. LaPaille
Under Labor Code Section 558.1, individual liability can be imposed on CEO for company's wage violations.
Employment Law 1DCA/1 Jul. 25, 2022
Modification: People v. Manzanilla
The failure of defendant's legal counsel to specifically inform him that his aggravated felony plea would subject him to mandatory deportation was a prejudicial error requiring reversal.
Criminal Law and Procedure 2DCA/8 Jul. 25, 2022
Leigh-Pink v. Rio Properties
Order
9th Jul. 25, 2022
Love v. Marriott Hotel Services
Deference to Department of Justice's interpretation of rules pertaining to information provided on hotel's website regarding disability accommodations was merited.
Disability Discrimination 9th Jul. 25, 2022
U.S. v. Oliver
Defendant's false monthly supervision report was not exempt under the judicial proceeding exception to 18 United States Code Section 1001 since it was made to his probation officer, not a judge.
Criminal Law and Procedure 9th Jul. 25, 2022
Leenay v. Superior Court (Lowe's Home Centers)
The trial court erred in staying plaintiff's action because of a pending arbitration to which the plaintiff was not a party.
Civil Procedure 4DCA/2 Jul. 25, 2022
People v. Dunn
Trial court's finding of the upper term for a criminal conviction was affirmed because the one aggravating circumstance not stipulated to would have been assessed the same way by a jury.
Criminal Law and Procedure 5DCA Jul. 22, 2022
Lang Van v. VNG Corp.
Personal jurisdiction existed in copyright infringement claim where foreign defendant had intentionally targeted American companies with actions in the United States market that would harm their interests there.
Civil Procedure 9th Jul. 22, 2022
Medina Tovar v. Zuchowski
District court did not abuse its discretion in denying application for attorneys' fees under the Equal Access to Justice Act because the government's non-prevailing position was substantially justified.
Civil Procedure 9th Jul. 22, 2022
U.S. v. Nault
Officer's continuation of a stop to request defendant's documents did not violate the Fourth Amendment because that request fell within the stop's mission.
Criminal Law and Procedure 9th Jul. 22, 2022
People v. Mataele
Limited remand was appropriate to allow trial court to determine whether to exercise newly conferred discretion regarding sentencing enhancements for firearm use and prior serious felony convictions.
Criminal Law and Procedure CASC Jul. 22, 2022
Siry Investment, L.P. v. Farkhondehpour
Penal Code Section 496(c) allowed for treble damages and attorneys' fees since defendants' improper transfer of rental income constituted theft.
Remedies CASC Jul. 22, 2022
In re J.W.
Welfare Department's error in failing to adequately inquire about child's Indian heritage was harmless because the child was placed with her maternal grandmother.
Dependency 2DCA/8 Jul. 21, 2022