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Name Category Published
City and County of Honolulu v. Sunoco LP
In a case involving whether oil and gas companies misled the public about fossil fuel dangers, oil and gas companies failed to establish federal jurisdiction to merit removal of case from Hawaii state court.
Civil Procedure 9th Jul. 8, 2022
Magallanes de Valle v. Doctors Medical Center of Modesto
In a medical malpractice suit, hospital was not liable for the alleged negligence of a physician because patient reasonably should have known that physician was not the hospital's agent.
Health Care 5DCA Jul. 7, 2022
Butcher v. Knudsen
A Montana law was unconstitutionally vague because it did not give fair notice that the travel expenses from unpaid political speaking engagements made appellants a political committee subject to regulations.
Constitutional Law 9th Jul. 7, 2022
Joshi v. Fitness International, LLC
A checklist indicating a sauna "needed repair" was insufficient to show gross negligence by a fitness center.
Torts 6DCA Jul. 6, 2022
Bowerman v. Field Asset Services, Inc.
Class certification was reversed because the class members could not show that the whole class suffered damages traceable to their alleged misclassification as independent contractors.
Civil Procedure 9th Jul. 6, 2022
Modification: People v. Bunas
A court ruling on a petitioner's motion for mental health diversion is not required to determine the defendant's eligibility prior to determining the offense's suitability.
Criminal Law and Procedure 4DCA/1 Jul. 6, 2022
McNeal v. Whittaker, Clark & Daniels
Punitive damages award was reversed because evidence did not show that executives knew there were "probable dangerous consequences" from trace levels of asbestos in its talc that would cause plaintiff's mesothelioma.
Remedies 2DCA/8 Jul. 6, 2022
Fierro v. Smith
Jury should not have been given deference instruction when there was a dispute whether denial of protective custody was necessary, justified, and not exaggerated response to security needs.
Prisoners' Rights 9th Jul. 5, 2022
In re M.G.
Finding of lack of emotional bond between parent and child must be substantiated and analyzed in report in order for juvenile court to use the report as basis for its ruling.
Dependency 2DCA/8 Jul. 6, 2022
In re C.S.
Juvenile court did not abuse its discretion by terminating its jurisdiction over child that was in parental custody without providing reunification services to parent not retaining custody.
Dependency 2DCA/7 Jul. 5, 2022
People v. Diggs
Denial of petitioner's petition for release into a conditional release program was proper where qualified medical experts diagnosed him with both antisocial personality disorder and amphetamine use disorder.
Criminal Law and Procedure 1DCA/4 Jul. 5, 2022
People v. Caparaz
Expert testimony regarding defendant's susceptibility to giving false confessions was probative and did not require evidence that defendant falsely confessed.
Criminal Law and Procedure 1DCA/2 Jul. 5, 2022
In re E.V.
Failure to conduct Indian Child Welfare Act inquiries is always a miscarriage of justice requiring reversal.
Dependency 4DCA/3 Jul. 5, 2022
People v. Deleoz
Redacted portion of memoranda describing medical examiner's questionable conclusions in other murder cases was not material since it appeared the jury did not credit the examiner's opinion.
Criminal Law and Procedure 6DCA Jul. 5, 2022
People v. Murphy
Substantial evidence existed that at the time of the car accident, defendant was impaired from using marijuana and acted with implied malice, supporting jury's verdict of second degree murder.
Criminal Law and Procedure 2DCA/7 Jul. 5, 2022
Sanchez v. Bezos
In a defamation suit, reporters' statements to plaintiff that were recounted in plaintiff's declaration were inadmissible hearsay and thus could not be considered for anti-SLAPP purposes.
Anti-SLAPP 2DCA/1 Jul. 5, 2022
California Business & Industrial Alliance v. Becerra
The Private Attorneys General Act does not violate California's separation of powers doctrine and is constitutional.
Constitutional Law 4DCA/3 Jul. 5, 2022
Reposted to Provide Corrected Version: Grande v. Eisenhower Medical Center
Second class action regarding similar allegations was not precluded by judgment in first class action where the new defendant was a nonparty lacking privity with party in the first action.
Civil Procedure CASC Jul. 5, 2022
Hargrove v. Legacy Healthcare, Inc.
Plaintiff could not be substituted as the representative Private Attorneys General Act plaintiff after the original plaintiff died since she did not satisfy the legislative prerequisites for filing until after the initial claim was filed.
Employment Law 4DCA/2 Jul. 5, 2022
Allied Anesthesia Medical Group v. Inland Empire Health Plan
Health care providers who provided services to Medi-Cal enrollees were not the intended third-party beneficiaries in contract between the health care service plan and the California Department of Health Care Services.
Health Care 4DCA/2 Jul. 5, 2022
Machowski v. 333 N. Placentia Property
Awarding attorney's fees according to schedule was an abuse of discretion when plaintiff clearly stated her intention to opt out of that method.
Civil Procedure 9th Jul. 5, 2022
Sarkar v. Garland
Government's motion to administratively close a case because it deemed non-citizen a low enforcement priority was denied because the court's inherent authority to manage its docket would not be served.
Immigration 9th Jul. 5, 2022
California River Watch v. City of Vacaville
City's coincidental transportation of carcinogenic waste through its water-supply system was not enough to establish liability under the Resource Conservation and Recovery Act.
Environmental Law 9th Jul. 5, 2022
Guillory v. Allen
Plaintiff's Sixth Amendment public trial claim was not procedurally defaulted since the state Court of Appeal rejected his federal claim on the merits and did not invoke any state law grounds.
Criminal Law and Procedure 9th Jul. 5, 2022
Achay v. Huntington Beach Union High School Dist.
School district had a duty to take reasonable measures to protect student on school grounds for school-related activities from injury at the hands of a third party.
Torts 4DCA/3 Jul. 1, 2022
Ilczyszyn v. Southwest Airlines Co.
Liability immunity for airline workers reporting a potential threat under the Aviation and Transportation Security Act includes conduct that arises from the disclosure, not just the disclosure itself.
Immunity 1DCA/1 Jul. 1, 2022
Essick v. County of Sonoma
Report on harassment by an elected sheriff was not protected as confidential under the California Public Records Act because the county board of supervisors was not his employer.
Public Records Act 1DCA/4 Jul. 1, 2022
West Virginia v. Environmental Protection Agency
Clean Air Act Section 111(d) did not grant congressional authority on the Environmental Protection Agency to devise emissions caps in the manner the EPA prescribed in the Clean Power Plan.
Environmental Law USSC Jul. 1, 2022
Biden v. Texas
Government's rescission of a program that returned non-Mexican nationals to Mexico pending removal did not violate the Immigration and Nationality Act since the Act granted discretionary authority to return aliens.
Immigration USSC Jul. 1, 2022
Canales v. Lumpkin
Order
USSC Jul. 1, 2022