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Name Category Published
Welch v. Welch
Surviving spouse's right to inherit from deceased spouse was waived when the circumstances evinced that the marital separation agreement was a complete property settlement.
probate_and_trusts 2DCA/5 Jun. 2, 2022
NetChoice, LLC v. Paxton
Order
USSC Jun. 2, 2022
Amended Opinion: U.S. v. Briones
The imposition of a life sentence for crimes committed by defendant while he was a juvenile was affirmed because the resentencing judge clearly considered defendant's youth.
Criminal Law and Procedure 9th Jun. 2, 2022
Vatalaro v. County of Sacramento
Employers seeking to dismiss a Labor Code Section 1102.5 retaliation claim must show clear and convincing evidence of a legitimate, independent reason for taking the employment action under Section 1102.6.
Employment Law 3DCA Jun. 2, 2022
Jane Doe No. 1 v. Uber Technologies, Inc.
Uber did not have a duty to protect based on a common carrier-passenger special relationship with women who were abducted and sexually assaulted by assailants posing as Uber drivers.
Torts 2DCA/1 Jun. 2, 2022
In re Allison B.
Post-judgment evidence is acceptable and may be reviewed when considering a motion to dismiss a juvenile dependence appeal.
Juveniles 2DCA/1 Jun. 1, 2022
Community Action Agency of Butte County v. Superior Court of Butte County
Right to access any public agency record under the California Public Records Act applies to a nonprofit only in the exceptional circumstance that it operates as a local public entity.
Public Records Act 3DCA Jun. 1, 2022
Atwood v. Shinn
New claims asserted by death row inmate in successive habeas corpus applications did not meet 28 U.S.C. Section 2244(b)(2)'s criteria.
Criminal Law and Procedure 9th Jun. 1, 2022
2009 Metropoulos Family Trust v. California Franchise Tax Board
Nonresident shareholder's goodwill income was taxable because it was taxed on its pass-through pro rata share of the gain, which was business income sourced to California under the Uniform Division of Income for Tax Purposes Act.
Tax 4DCA/1 Jun. 1, 2022
Amended Opinion: Ratha v. Phatthana Seafood
Cambodian villagers failed to establish that their claims against a Thai company was a valid extraterritorial application of the Trafficking Victims Protection Reauthorization Act.
Civil Procedure 9th Jun. 1, 2022
Modification: San Luis Obispo Local v. Central Coast
The reciprocal attorney's fees provision of the Civil Code does not apply in a contract with a government agency that had no authority to enter into an attorney's fee provision in the first place.
Contracts 2DCA/6 Jun. 1, 2022
Almond Alliance of California et al. v. Fish and Game Commission et al.
Four species of bumble bees may be listed as endangered species since the Fish & Game Code Section 45's broad definition of "fish" includes terrestrial invertebrates.
Environmental Law 3DCA Jun. 1, 2022
Dow v. Lassen Irrigation Company
Trust's interpretation of the Susan River Water Rights decree, giving trust superior water rights than plainly allotted in the decree, was unreasonable.
Water Rights 3DCA Jun. 1, 2022
Kline v. Zimmer, Inc.
Hip replacement company could offer medical expert testimony to rebut plaintiff's causation claims even though the expert's opinion on alternative causes was expressed to less than a reasonable medical probability.
Torts 2DCA/8 May 31, 2022
Daniel C. v. White Memorial Medical Center
The trial court erred in approving a Medi-Cal lien on a settlement without determining what portion of the settlement represented past medical expenses.
Health Care 2DCA/3 May 31, 2022
Young v. Superior Court of Solano County
Establishing a factual foundation for discovery disclosure for a potential violation of the California Racial Justice Act of 2020 requires only a good cause showing of a plausible claim.
Civil Rights 1DCA/4 May 31, 2022
Martin v. Pierce County, et al.
Washington's arbitration declination declaration requirement before commencing a medical malpractice suit did not apply in federal court because it conflicted with Federal Rules of Civil Procedure 3 and 8.
Civil Procedure 9th May 31, 2022
Amended Opinion: Aylward v. SelectHealth
Plaintiff's state law claim that health insurance company breached its duty to timely process her deceased husband's appeal of denial of insurance preauthorization was expressly preempted by the Medicare Act.
Health Care 9th May 31, 2022
Fikre v. FBI
Plaintiff's claims were not moot because government failed to make it absolutely clear that it would not return plaintiff to the No Fly List for the reasons it placed him there originally.
Constitutional Law 9th May 31, 2022
Kilpatrick v. Kijakazi
An administrative law judge is not required to address evidence that does not qualify as significant probative evidence when considering Social Security disability benefits.
Administrative Agencies 9th May 31, 2022
In Re Three National Security Letters
Courts are not required to schedule periodic review of nondisclosure requirements in national security letters from the FBI requesting information from electronic communication service providers.
Civil Rights 9th May 27, 2022
Pulliam v. HNL Automotive, Inc.
In a consumer action against a car dealership, the "holder rule" did not limit the award of attorney's fees where the buyer sought fees from a holder under a state prevailing party statute.
Consumer Law CASC May 27, 2022
People v. Padilla
Proposition 57, which required a hearing to determine if offenses should be heard in juvenile court, applied retroactively to defendant's nonfinal case since his sentence was vacated on habeas corpus.
Criminal Law and Procedure CASC May 27, 2022
People v. Murphy
There was sufficient evidence to find implied malice in a vehicular homicide where defendant was smoking marijuana while waiting for the oil to be changed in his car and then drove 88 miles per hour in a residential area.
Criminal Law and Procedure 2DCA/7 May 27, 2022
City of San Buenaventura v. United Water Conservation Dist.
3:1 ratio between groundwater rates for municipal or industrial uses and agricultural uses rates did not pass constitutional muster.
Government 2DCA/6 May 27, 2022
Modification: People v. Cruz-Partida
Pointing a loaded gun in the general area of others can establish the requisite intent required for assault.
Criminal Law and Procedure 1DCA/1 May 27, 2022
People v. Jones
Defendant's case was remanded for resentencing in light of changes made to resentencing statutes.
Criminal Law and Procedure 1DCA/4 May 26, 2022
In re Z.O.
In a dependency case, the juvenile court's omission of any findings on a mother's competency violated her due process right to understand the reasons for the guardian ad litem appointment.
Juveniles 4DCA/3 May 26, 2022
People v. Whitson
Defendant could have his murder convictions resentenced under Penal Code Section 1170.95 since the jury did not necessarily find an intent to commit murder for his conspiracy to murder charge.
Criminal Law and Procedure 2DCA/5 May 26, 2022
Modification: People v. Henderson
A belief that the criminal-justice system is unfair to African-Americans is an insufficient basis to disqualify a juror unless other evidence shows that the juror will have difficulty being impartial.
Criminal Law and Procedure 3DCA May 26, 2022