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Fowler v. Golden Pacific Bancorp.
The mere possibility that information could be used adversely to the corporation was not, on its own, sufficient to defeat a director's inspection rights under Corporations Code Section 1600.
Corporations 3DCA Jun. 24, 2022
Allen v. Santa Clara County Correctional Peace Officers Assoc.
Municipalities are entitled to a good faith defense to a suit brought by public-sector employees for a refund of mandatory union fees under 42 U.S.C. Section 1983.
Civil Rights 9th Jun. 24, 2022
Barlow v. State of Washington
Order
9th Jun. 24, 2022
Etemadi v. Garland
Order
9th Jun. 24, 2022
Shoop v. Cassano
Order
USSC Jun. 23, 2022
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 Jun. 21, 2022
City of Coronado et al. v. San Diego Assn. of Governments et al.
Trial courts lack jurisdiction to rescind Regional Housing Needs Assessment allocation plans because the Legislature clearly intended to preclude judicial intervention in RHNA procedures.
Government 4DCA/1 Jun. 21, 2022
St. Paul Fire & Marine Ins. Co. v. AmerisourceBergen Corp.
Stay of case was appropriate pending resolution of case in sister state where exact issues applied and more than 10 million pages of documents had already been generated in discovery.
Civil Procedure 4DCA/3 Jun. 22, 2022
U.S. v. Washington
Because it facially discriminates against the Federal Government and does not fall within 40 U.S.C. Section 3172's waiver, a Washington workers' compensation law was unconstitutional under the Supremacy Clause.
Constitutional Law USSC Jun. 22, 2022
U.S. v. Taylor
Attempted Hobbs Act robbery did not qualify as a "crime of violence" under U.S.C. Section 924(c) since no element of the offense required proof that defendant actually used or threatened force.
Criminal Law and Procedure USSC Jun. 22, 2022
Shoop v. Twyford
Order allowing prisoner to search for new evidence was not "necessary or appropriate in aid of" a federal court's adjudication of a habeas corpus action.
Criminal Law and Procedure USSC Jun. 22, 2022
Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita Inc.
Low healthcare plan reimbursements for dialysis services did not violate the Medicare Secondary Payer statute where the plan applied uniformly to all participants.
Health Care USSC Jun. 22, 2022
Carson v. Makin
Maine's "nonsectarian" requirement for otherwise generally available tuition assistance payments violated the Free Exercise Clause.
Constitutional Law USSC Jun. 22, 2022
P. v. Basler
Where eligibility for relief under Penal Code Section 1170.95, the resentencing statute, requires an evidentiary hearing, a defendant has a right to be present at that hearing absent a valid waiver.
Criminal Law and Procedure 4DCA/1 Jun. 22, 2022
In re Marriage of Deal
A vexatious litigant's appeal of an order denying his request to file new litigation was dismissed as frivolous because it completely lacked merit and was intended to delay.
Civil Procedure 1DCA/3 Jun. 22, 2022
Garcia v. Superior Court
Federal regulations prohibiting California from enforcing its meal and rest break requirements for drivers had no retroactive preemptory effect and should be applied prospectively.
Employment Law 2DCA/5 Jun. 22, 2022
Roe v. Wade
States cannot prevent a woman from terminating a pregnancy pre-viability, but the State's interest in the potential life becomes compelling after viability such that they may regulate abortion.
Constitutional Law USSC Jun. 24, 2022
People v. Richardson
Defendant's statement to, "Shoot him. Shoot him," evidenced him to be a major participant in a felony murder and ineligible for Penal Code Section 1170.95 resentencing.
Criminal Law and Procedure 4DCA/2 Jun. 20, 2022
In re Q.M.
Juvenile court did not err in finding that the Indian Child Welfare Act did not apply where parents failed to cooperate with the investigation.
Juveniles 2DCA/3 Jun. 20, 2022
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 Jun. 20, 2022
In Re Yagman
An attorney could not justify reinstatement to the Ninth Circuit while he was currently disbarred in another jurisdiction that had independent, non-reciprocal disciplinary reasons.
Attorneys 9th Jun. 20, 2022
Natural Resources Defense Council v. U.S. Environmental Protection Agency
In actively issuing its interim decision regarding glyphosate, the Environmental Protection Agency was required to comply with the Endangered Species Act's consultation procedures.
Environmental Law 9th Jun. 20, 2022
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 Jun. 20, 2022
People v. Johnson
A defendant who threatened to kill himself if a witness calls the police did not threaten force against a "third party" under the prohibition on dissuading a witness by threat of force.
Criminal Law and Procedure 1DCA/3 Jun. 20, 2022
City of Los Angeles Dept. of Airports v. U.S. Specialty Insurance Co.
Surety was not entitled to attorney fees as the prevailing party, even though it only paid $1 in nominal damages, since it technically lost on all contract claims.
Civil Procedure 1DCA/5 Jun. 17, 2022
D.D. v. Pitcher
Trial courts have discretion to restrict and reject improper content of proposed brief opening statements before voir dire.
Civil Procedure 5DCA Jun. 17, 2022
Ratcliff v. Roman Catholic Archbishop of Los Angeles
Allegations that the Archdiocese ratified a priest's molestation of children could not be stricken under the anti-SLAPP law because the allegedly protected activity was incidental to the complaint.
Anti-SLAPP 2DCA/5 Jun. 17, 2022
People v. Flores
The trial court's consideration of defendant's record of conviction without a finding by the jury to impose an upper sentence term did not warrant resentencing.
Criminal Law and Procedure 1DCA/3 Jun. 17, 2022
Greenwood v. Garland
The Board of Immigration Appeals may rely on a previous adverse credibility determination to deny a motion to reopen a removal order if that earlier finding factually undermines petitioner's new argument.
Immigration 9th Jun. 17, 2022
Bruno v. Hopkins
Trial court has jurisdiction to award attorneys' fees against party who sought to remove the trustee of a trust in bad faith.
probate_and_trusts 6DCA Jun. 16, 2022