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Name Category Published
In re G.A.
Juvenile court's failure to make an Indian Child Welfare Act finding on the record was harmless where the Agency satisfied its duty of inquiry and there was no reason to believe that the child was Native American.
Dependency 3DCA Jul. 21, 2022
Lopez v. Lopez
Disqualifying attorney from all phases of litigation under the advocate-witness rule without applying the proper legal standard was an abuse of discretion.
Attorneys 2DCA/4 Jul. 21, 2022
Wang v. Nesse
In a statute-of-limitations dispute, there was a triable issue as to when attorney's representation ended after he sent equivocal emails and signed documents as client's representation.
Attorneys 6DCA Jul. 21, 2022
Creech v. Richardson
When seeking federal habeas relief, where "new" evidence proffered for ineffective assistance of counsel claim was duplicative, it could not transform the claim into a new, unexhausted claim.
Criminal Law and Procedure 9th Jul. 21, 2022
Royals v. Lu
Order issuing a writ of attachment for financial elder abuse claim was reversed because trustee's daughter did not file a sufficiently detailed application for attachment.
probate_and_trusts 1DCA/4 Jul. 20, 2022
In re Rylei S.
Because the court records reflected an almost complete failure of the Department of Children and Family Services' statutory duty to further inquire as to possible Native American ancestry, the error was not harmless.
Dependency 2DCA/7 Jul. 20, 2022
Lopez-Luvian v. Garland
Immigration petitioner subject to reinstated order of removal cannot challenge an earlier termination of separate removal proceedings that did not result in a final order of removal.
Immigration 9th Jul. 20, 2022
Lemos v. County of Sonoma
Plaintiff's action for excessive force against Sonoma Sheriff's Deputy was not necessarily barred by her resisting arrest violation because liability for the actions may be based on two separate events.
Civil Rights 9th Jul. 20, 2022
Meda v. Autozone
Where employers have not expressly advised their employees that seats may be used during work nor provided seats at workstations, whether employers have been "provided" suitable seating requires fact-specific analysis.
Employment Law 2DCA/3 Jul. 20, 2022
Shoker v. Superior Court (Phangureh)
Action seeking a constructive trust that would restore title to real property to plaintiffs was a real property claim for lis pendens purposes.
Real Property 1DCA/5 Jul. 19, 2022
Evenskaas v. California Transit, Inc.
The Federal Arbitration Act applied to arbitration agreement in California Transit worker's employment contract because the transportation services provided substantially affected interstate commerce.
Arbitration 2DCA/7 Jul. 19, 2022
Chodosh v. Commission on Judicial Performance
California Code of Judicial Ethics Canon 3D(1) does not require judges to report other judges who may be committing crimes to prosecuting authorities.
Judges 3DCA Jul. 19, 2022
People v. M.H.
The trial court was not statutorily required to advise Mentally Disordered Offender of the right to call and confront witnesses at hearing challenging commitment.
Criminal Law and Procedure 4DCA/2 Jul. 19, 2022
People v. Lee
Assembly Bill 333's amendment to "criminal street gang" definition applied to the voter-enacted gang-murder special circumstance enhancement.
Criminal Law and Procedure 2DCA/4 Jul. 19, 2022
U.S. v. Dominguez-Caicedo
To determine a minimal role adjustment for sentencing, courts must compare the defendant's culpability with the average level of all participants in the crime, even those of recruiters, leaders, or organizers who were not charged.
Criminal Law and Procedure 9th Jul. 19, 2022
Tulelake Irrigation District v. United States Fish and Wildlife Service
Conservation plan restricting agricultural use of leased wildlife refuge lands was not unlawful when it ensured the refuge's purpose of waterfowl management was carried out without disallowing compatible uses.
Environmental Law 9th Jul. 19, 2022
Bravo-Bravo v. Garland
The Board of Immigration appeals lacked any jurisdiction to reopen a reinstated prior order of removal when alien had illegally reentered the country.
Immigration 9th Jul. 19, 2022
Center for Biological Diversity v. Haaland
U.S. Fish and Wildlife Service's decision-making process for adopting a Comprehensive Conservation Plan for refuges was in accordance with law.
Environmental Law 9th Jul. 19, 2022
Audubon Society of Portland v. Haaland
The United States Fish and Wildlife Service properly exercised its professional judgment in allowing a mix of agricultural land and natural habitat in the Klamath Basin National Wildlife Refuge Complex.
Environmental Law 9th Jul. 19, 2022
Modification: People v. Bloom
Counsel's decision to override defendant's insistence to not concede guilt as to the murder of his stepmother and stepsister was a *McCoy* violation.
Criminal Law and Procedure CASC Jul. 18, 2022
Thompson v. Crestbrook Insurance Company
Issue preclusion applied to subsequent litigation against different insurers where the prior litigation was based on the same underlying facts and concerned an identical issue of policy coverage.
Insurance 1DCA/4 Jul. 18, 2022
People v. Clark
Prosecutors can show that two gang members separately committed crimes on different occasions to prove a "pattern of criminal gang activity" for the Penal Code Section 186.22 gang enhancement.
Criminal Law and Procedure 4DCA/2 Jul. 18, 2022
In re Mazur
Petitioner was not subject to two-year on-bail sentencing enhancement because he was not taken into custody for the securities fraud committed while released on bail.
Criminal Law and Procedure 4DCA/1 Jul. 18, 2022
People v. Shelly
The People may not withdraw from a plea agreement when the effect of Assembly Bill 1950's passage did not deprive them of the benefit of the bargain.
Criminal Law and Procedure 3DCA Jul. 18, 2022
M & L Financial v. Sotheby's
Sustaining a demurrer to breach of contract claim was error where plaintiff's oral clarification at signing was relevant to interpreting contract terms and supported plaintiff's breach of contract claim.
Contracts 2DCA/8 Jul. 18, 2022
People v. Singh
A Penal Code Section 1473.7 motion to vacate a conviction had the party known of the immigration consequences applies to defendants who were convicted after a trial.
Immigration 3DCA Jul. 18, 2022
Parkford Owners for a Better Community v. Windeshausen
When appellate court dismisses a lawsuit based solely on mootness, a subsequent lawsuit involving the same parties is not barred by claim or issue preclusion.
Civil Procedure 3DCA Jul. 18, 2022
Modification: Rittiman v. Public Utilities Commission
The Governor's correspondence exemption under the Public Records Act applies to all correspondence of and to the Governor and his staff, not just those from private parties.
Public Records Act 1DCA/1 Jul. 15, 2022
Petrolink, Inc. v. Lantel Enterprises
Trial court had authority to enforce property purchase agreement between parties despite an unforeseen eminent domain action on the property encumbering the property's title.
Civil Procedure 4DCA/3 Jul. 15, 2022
Starz Entertainment v. MGM
Copyright plaintiff's cause of action accrued when it discovered the infringement, and it could recover damages for all incidents of infringement that occurred prior to the discovery.
Copyright 9th Jul. 15, 2022