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Name Category Published
Hassett v. Olson
Former presiding judge should be disqualified as a legal representative for having presided two prior same matters personally and substantively.
Attorneys 3DCA May 16, 2022
Pacific Fertility Cases
A petition for a writ of mandate is the exclusive means to obtain appellate review of a court's good faith settlement determination.
Civil Procedure 1DCA/1 May 13, 2022
Bowser v. Ford Motor Company
A class member who opts out of the lawsuit is not a party to that lawsuit for the purposes of admitting depositions from the class action in a later, individual suit against the same defendant.
Consumer Law 4DCA/2 May 13, 2022
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 13, 2022
Hebert v. Barnes & Noble, Inc.
Employer was liable for Fair Credit Reporting Act violations for delegating FRCA-compliance task to a non-attorney employee and failing to proactively monitor the published consumer report disclosure form.
Employment Law 4DCA/1 May 13, 2022
Modification: Sky Posters Inc. v. Dept. of Transportation
Redevelopment displays qualify as an on-premises display exempt from Outdoor Advertising Act requirements if the display advertises businesses in the area and is not merely incidental.
Commercial Law 2DCA/7 May 13, 2022
Center for Biological Diversity v. U.S. Fish and Wildlife Service
U.S. Fish and Wildlife Service acted arbitrarily and capriciously in approving a mining plan of operations based on its incorrect assumption that company's mining claims were valid under the Mining Law.
Environmental Law 9th May 13, 2022
Evans v. Synopsys
Notwithstanding the district court's statements that intervenor's time to file a notice of appeal was preserved, intervenor's failure to formally request an extension mandated dismissal of the appeal.
Civil Procedure 9th May 13, 2022
Transgender Law Center v. Immigration and Customs Enforcement
ICE and DHS did not demonstrate beyond a material doubt the adequacy of their responses to plaintiffs' Freedom of Information Act requests regarding the death of a transgender asylum seeker.
Administrative Agencies 9th May 13, 2022
People v. Forester
Because defendant was found guilty of stalking a victim of domestic violence, the two-year felony probation limitation in Penal Code Section 1203.1(a) did not apply.
Criminal Law and Procedure 4DCA/1 May 12, 2022
Quach v. California Commerce Club
Plaintiffs asserting prejudice as to defendant's delay in asserting its right to arbitrate must show more than just incurrence of costs in anticipation of litigation.
Arbitration 2DCA/1 May 12, 2022
People v. Lopez
Defendant's felony firearm possession sentence was remanded for resentencing pursuant to the sentencing changes in Senate Bill 567 since the evidence of the aggravating factors was not overwhelming and uncontested.
Criminal Law and Procedure 4DCA/1 May 12, 2022
Dixon v. Shinn
Defendant's petition for habeas relief was denied because the state court reasonably determined that defendant's schizophrenia did not render him incompetent.
Criminal Law and Procedure 9th May 12, 2022
Sky Posters Inc. v. Dept. of Transportation
Redevelopment displays qualify as an on-premises display exempt from Outdoor Advertising Act requirements if the display advertises businesses in the area and is not merely incidental.
Commercial Law 2DCA/7 May 12, 2022
We Advocate Through Environmental Review v. City of Mt. Shasta
City should have made certain findings under the California Environmental Quality Act for each significant impact that the county identified before issuing a wastewater permit to a water bottling plant.
Environmental Law 3DCA May 12, 2022
Jones v. U.S.
28 U.S.C. Section 2244(b)(1)'s automatic dismissal for successive postconviction relief petitions for state sentences pursuant to Section 2254 does not apply to federal sentences pursuant to Section 2255.
Criminal Law and Procedure 9th May 12, 2022
Amended Opinion: In re National Security Letter
National Security Letter law's nondisclosure provision, which prohibits disclosure of receipt of such letter, does not violate recipient's First Amendment rights.
Constitutional Law 9th May 12, 2022
Seaview Trading v. Commissioner of Internal Revenue
Partnership's tax return was "filed" when an Internal Revenue Service agent requested the missing return and the partnership delivered a signed copy of the return to the agent.
Tax 9th May 12, 2022
Jones v. Bonta
California's ban on semiautomatic rifles for young adults violated the Second Amendment since it burdened the right to home self-defense and did not reasonably fit the objective of reducing violence.
Constitutional Law 9th May 12, 2022
San Francisco Herring Association v. U.S. Dept. of the Interior
The National Park Service did not need to acquire a formal property interest to govern running waters because running waters cannot be owned in a traditional sense.
Administrative Agencies 9th May 11, 2022
Martz v. Horazdovsky
Vessel owners' limitation-of-liability action was timely because claimant's letter did not constitute "written notice of the claim" that started the running of the six-month limitations period.
Maritime Law 9th May 11, 2022
Williams v. National Western Life Insurance Co.
Insurer was liable for agent's misconduct since an agent submitting a life insurance policy is the insurer's agent under Insurance Code Section 1704.5, even when the agent violates restrictions on his authority.
Insurance 3DCA May 11, 2022
People v. Pineda
A statute that allowed defendants to challenge a juvenile court fitness proceeding by direct appeal, rather than through writ relief, did not apply retroactively because it did not ameliorate punishment.
Criminal Law and Procedure 2DCA/5 May 11, 2022
Amato v. Downs
Trial court erred by deeming plaintiff's failure to follow a local court rule as a waiver of a jury trial.
Civil Procedure 4DCA/2 May 10, 2022
People v. Delgado
Denial of defendant's motion to suppress was affirmed since the officers had reasonable suspicion that there was a contraband transfer based on commonsense judgments and inferences about the interaction.
Criminal Law and Procedure 2DCA/8 May 10, 2022
Vaz v. Neal
Although the Executive Office for Immigration Review had taken years to investigate plaintiff's complaint, the delay was not unreasonable.
Administrative Agencies 9th May 10, 2022
Bock v. State of Washington
Plaintiffs were judicially estopped since they agreed to the statutorily mandated forfeiture of property by signing a Stipulation to Police Reports and Order of Continuance.
Civil Procedure 9th May 10, 2022
People v. Parramartinez
The record demonstrated that the trial court considered the appropriate circumstances and exercised its discretion in a reasonable manner when it declined to strike defendant's firearm enhancements.
Criminal Law and Procedure 4DCA/2 May 9, 2022
Association Des Eleveurs de Canards Et D'Oies Du Quebec v. Bonta
California statutes outlawing the practice of force-feeding ducks or geese to make foie gras and prohibiting its sale were not preempted by federal law.
Constitutional Law 9th May 9, 2022
Shields v. Credit One Bank
Impairments while recovering from surgery could qualify as a "disability" despite being short-term because there are no categorical temporal limitations for disabilities under the Americans with Disabilities Act.
Disability Discrimination 9th May 9, 2022