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Name Category Published
Roley v. Google
Google's communications did not constitute a unilateral offer for one terabyte of Google Drive storage because they neither informed users how they might conclude the bargain nor invited the performance of a specific act.
Contracts 9th Jul. 15, 2022
Tukes v. Richard
Plaintiff lacked standing to bring a malicious prosecution claim because he was not a named defendant in the original complaint and his uninvited answer did not make him a party.
Civil Procedure 2DCA/8 Jul. 14, 2022
Unified Data Services v. Federal Trade Commission
Pre-enforcement challenge to government policy prohibiting the use of soundboards in telemarketing lacked standing because plaintiffs did not articulate a concrete plan to violate the policy in question.
Civil Procedure 9th Jul. 14, 2022
Sicre De Fontbrune v. Wofsy
French judgment that imposed money damages for continued use of copyrighted Pablo Picasso photographs was not repugnant to United States public policy protecting free expression.
Copyright 9th Jul. 14, 2022
Marina Pacific Hotel and Suites, LLC v. Fireman's Fund Insurance Co.
Insurance policy that covered "direct physical loss or damage" to properties may have covered COVID-19 damages since plaintiffs alleged a distinct physical alteration of the property caused by the virus.
Insurance 2DCA/7 Jul. 14, 2022
Golden Gate Land Holdings LLC v. Direct Action Everywhere
Advocacy organization's alleged liability must be premised on constitutionally protected activity, rather than merely adjacent to protected activity, to be stricken under the anti-SLAPP statute.
Anti-SLAPP 1DCA/1 Jul. 14, 2022
People v. Torres
Even if trial court wrongly assumed it lacked discretion not to order confinement as a condition of probation, remand was unnecessary where trial court plainly indicated it would not exercise that discretion.
Criminal Law and Procedure 2DCA/6 Jul. 14, 2022
Wyatt v. Kern High School
Records relating to internal affairs investigation against a peace officer were not subject to disclosure under Penal Code Section 832.7 because the officer was not provided an opportunity to appeal the findings.
Public Records Act 5DCA Jul. 13, 2022
People v. Zabelle
A criminal sentence was remanded where certain factors should not have been considered and the trial court was unclear on how important those factors were to the sentence.
Criminal Law and Procedure 3DCA Jul. 13, 2022
Modification: XPO Logistics Freight, Inc. v. Hayward Property, LLC
County assessor's division of property, for property tax purposes, could not be read as part of a contested property's legal description.
Real Property 1DCA/4 Jul. 13, 2022
In re M.M.
Adoption assessment that did not directly discuss bond between parent and child was sufficient when evidence of irregular and canceled visits clearly established that the parental benefit exception did not apply.
Dependency 2DCA/8 Jul. 13, 2022
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. 13, 2022
People v. Harden
Law-of-the-case doctrine does not apply at the prima facie stage of a petition for resentencing because it is unclear if the evidence will be substantially similar prior to the evidentiary hearing.
Criminal Law and Procedure 4DCA/1 Jul. 13, 2022
Modification: Meza v. Pacific Bell Telephone Co.
Pacific Bell's overtime wage statements which left the "rate" and "hour" columns blank on the wage statements because of its incentive program did not violate Labor Code requirements.
Employment Law 2DCA/3 Jul. 13, 2022
Saini v. Sutter Health
Hospital was not required to further notify a prospective emergency room patient of an emergency medical services fee when it provided signage in the emergency room that its fees are available online.
Health Care 1DCA/4 Jul. 12, 2022
U.S. v. Bastide-Hernandez
Failure of a notice to appear to include time and date information does not deprive the immigration court of subject matter jurisdiction.
Immigration 9th Jul. 12, 2022
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. 11, 2022
Coastline JX Holdings LLC v. Bennett
Profit-sharing plan was automatically exempt from levy under both ERISA and California law because there was no conflict between ERISA and California law.
Civil Procedure 4DCA/3 Jul. 11, 2022
People v. Wandrey
Molestation case was remanded for resentencing under Penal Code Section 1170(b) since the evaluation of aggravating circumstances required an imprecise quantitative evaluation of the facts.
Criminal Law and Procedure 1DCA/2 Jul. 11, 2022
Huerta v. CSI Elec. Contractors, Inc.
Order
9th Jul. 11, 2022
Amended Opinion: Sanchez v. Los Angeles Dept. of Transportation
E-scooter rider's Fourth Amendment privacy violation claim over real-time, scooter ride data collected, was foreclosed by the third-party doctrine.
Constitutional Law 9th Jul. 11, 2022
Ross Dress for Less, Inc. v. Makarios-Oregon, LLC
Allowing a party to unilaterally withdraw jury demand was appropriate where the other party had agreed to a lease that contained a waiver of its right to a jury trial.
Civil Procedure 9th Jul. 11, 2022
Prison Legal News v. Ryan, et al.
Arizona Department of Corrections Order prohibiting mail with sexually explicit material did not violate First Amendment because it was connected to legitimate penal interests and there were no viable alternatives.
Prisoners' Rights 9th Jul. 11, 2022
Produce Pay Inc. v. Izguerra Produce Inc.
Where the parties' transactions resembled a consignment, the seller was entitled to Perishable Agricultural Commodities Act protections.
Commercial Law 9th Jul. 11, 2022
Barseghyan v. Garland
Petition for review was granted because three out of the four evidentiary inconsistencies relied upon by the Board of Immigration Appeals were not actually inconsistent.
Immigration 9th Jul. 11, 2022
Vega v. Garland
Alien was not eligible for an adjustment of his immigration status because he illegally reentered the United States and was present when the Illegal Immigration Reform and Immigrant Responsibility Act became effective.
Immigration 9th Jul. 11, 2022
People v. Gerson
Where substantial evidence supported the trial court's finding that defendant did not meet his burden for pretrial mental health diversion, trial court's denial of motion did not amount to abuse of discretion.
Criminal Law and Procedure 4DCA/1 Jul. 11, 2022
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 California Courts of Appeal Jul. 8, 2022
People v. Ayon
Trial court erred in denying defendant's motion to suppress where objective facts showed that the police's true reason for traffic stop was to search for drugs and they prolonged the stop to wait for the narcotics dog.
Criminal Law and Procedure 6DCA Jul. 8, 2022
Macomb County Employees' Retirement System v. Align Technology, Inc.
In a securities fraud action, statements made by corporate executives were non-actionable puffery because they were vague, generically positive terms to describe the company's potential for growth in a marketplace.
Securities 9th Jul. 8, 2022