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Name Category Published
Marriage of Elali & Marchoud
A bigamous foreign marriage violates California public policy and is void under California law.
Family Law 4DCA/2 Jun. 8, 2022
Atwood v. Shinn
Prisoner is not entitled to preliminary relief and stay of execution absent sufficient evidence to prove substantial risk of severe pain to be caused by accommodated execution method.
Prisoners' Rights 9th Jun. 7, 2022
D.Z. v. L.B.
The trial court violated respondent's due process rights by issuing a civil harassment restraining order that expressly prohibited his conduct without naming him or giving him notice of the order.
Constitutional Law 3DCA Jun. 7, 2022
Modification: People v. Maplebear Inc.
Instacart could not compel arbitration of San Diego's Unfair Competition claims since the City was authorized to obtain relief and the workers who signed an arbitration agreement had no legal involvement.
Arbitration 4DCA/1 Jun. 7, 2022
Moore v. U.S.
The Mandatory Repatriation Tax on controlled foreign corporations did not violate the Apportionment Clause since it applied to taxable gains that constituted income.
Tax 9th Jun. 7, 2022
Inter-Cooperative Exchange v. U.S. Dept. of Commerce
Government's search terms were not reasonably calculated to uncover all documents relevant to fishers' Freedom of Information Act request because the government's search terms were overly narrow.
Government 9th Jun. 7, 2022
Belaustegui v. International Longshore and Warehouse Union
Under the Uniformed Services Employment and Reemployment Rights Act, a reemployed longshoreman was entitled to hour-based seniority credit for the time he was enlisted in the U.S. Air Force.
Employment Law 9th Jun. 7, 2022
U.S. v. Mendez
Defendant "used" his girlfriend's 14-year-old daughter to engage in sexually explicit conduct under United States Code Section 2251(a) when he placed hidden cameras in her bedroom.
Criminal Law and Procedure 9th Jun. 7, 2022
Lopez v. Escamilla
Trial court erred by granting summary judgment in favor of defendant because there were triable issues of fact concerning sole shareholder's alter ego liability.
Corporations 2DCA/6 Jun. 7, 2022
Dept. of Water Resources Environmental Impact Cases
The trial court applied the wrong standard in deciding whether the causation prong of the catalyst theory entitled plaintiffs to recovery of attorney fees.
Civil Procedure 3DCA Jun. 6, 2022
Filtzer v. Ernest
The parties' Forbearance Agreement was intended to be a full satisfaction of debts owed under their settlement agreement since interpreting the documents otherwise would lead to absurd results.
Contracts 2DCA/8 Jun. 6, 2022
In re Dohner
Inmate's contentions in habeas that various constitutional rights were violated by prison's prohibition on possessing a personal television failed on the merits.
Prisoners' Rights 4DCA/2 Jun. 6, 2022
Siegel v. Fitzgerald
Congress' treatment of similarly situated debtors differently based on geography and an artificial funding distinction violated the uniformity requirement of the Bankruptcy Clause.
Bankruptcy USSC Jun. 6, 2022
Southwest Airlines Co. v. Saxon
Southwest Airlines could not enforce arbitration agreement since plaintiff's work physically loading plane cargo fell within the Federal Arbitration Act's exemption for workers engaged in interstate commerce.
Arbitration USSC Jun. 6, 2022
Gallardo v. Marstiller
The Medicaid Act permits a state to seek reimbursement from settlement payments allocated for future medical care.
Health Care USSC Jun. 6, 2022
Alfred v. Garland
Order
9th Jun. 6, 2022
Vasquez-Borjas v. Garland
Petitioner was ineligible for cancellation of removal because his California counterfeiting conviction was a categorical match for the federal crime of forgery and therefore was a crime of moral turpitude.
Immigration 9th Jun. 6, 2022
Modification: Filtzer v. Ernest
The parties' Forbearance Agreement was intended to be a full satisfaction of debts owed under their settlement agreement since interpreting the documents otherwise would lead to absurd results.
Contracts 2DCA/8 Jun. 6, 2022
Brice v. Haynes Investments
Order
9th Jun. 6, 2022
Doe v. Lee
A punitive damages award could not stand because there was insufficient evidence of defendant's financial condition to support it, and what little evidence was provided suggested the award was excessive.
Remedies 3DCA Jun. 6, 2022
People v. Soto
A generic advisement that a guilty plea "may" cause deportation did not adequately convey the mandatory immigration consequences and rendered defendant's guilty plea invalid.
Criminal Law and Procedure 3DCA Jun. 6, 2022
City of Oakland v. Dept. of Finance
Cooperation and funding agreements that merely function as agreements to agree do not constitute enforceable loans under the Dissolution Law.
Government 3DCA Jun. 3, 2022
Committee for Sound Water v. City of Seaside
The shortening of Emergency Rule 9's tolling period for certain causes of action did not deprive petitioners of a reasonable time to file a writ alleging California Environmental Quality Act violations.
Environmental Law 6DCA Jun. 3, 2022
Nazir v. Superior Court (People)
Trial court could dismiss a firearm sentencing enhancement based on the prosecutor's motion to dismiss pursuant to the District Attorney's Special Directive 20-08 if dismissal was "in furtherance of justice."
Criminal Law and Procedure 2DCA/7 Jun. 3, 2022
Marriage of Nakamoto and Hsu
In a marriage dissolution, a party is not entitled to attorney fees for over-litigating a trial court case or failing to provide reasonable grounds for a prospective appeal.
Family Law 4DCA/3 Jun. 3, 2022
The Association of Deputy District Attorneys v. Gascon
Mandamus was not available to compel a prosecutor to prove prior strikes under the three strikes law because the decision whether to prove a prior strike allegation or move to dismiss or strike it is discretionary.
Criminal Law and Procedure 2DCA/7 Jun. 3, 2022
U.S. v. Werle
Defendant was prejudiced by not being informed of the knowledge element of being a felon in possession of a firearm, because defendant might not have known that he qualified as a felon.
Criminal Law and Procedure 9th Jun. 3, 2022
Owino v. CoreCivic
Detainees in private immigration detention center could certify their classes for a class action since there was a common question about the prison's policies that predominated individual detainees' claims.
Civil Procedure 9th Jun. 3, 2022
Environmental Defense Center v. Bureau of Ocean Energy Management
Because environmental agencies relied on questionable assumptions, they failed to take the "hard look" mandated by the National Environmental Policy Act.
Environmental Law 9th Jun. 3, 2022
Burri Law PA v. Skurla
Jurisdiction was proper in Arizona for attorney's defamation and contract interference claims since Catholic bishops' statements were purposefully directed toward attorney's Arizona employment contract and lawsuit.
Civil Procedure 9th Jun. 3, 2022