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Name Category Published
People v. Chavez
An expert's testimony that the victim's leg would 'probably not' fully recover was sufficient to support a finding that the leg was permanently injured. 		Criminal Law and Procedure 2DCA/6 Sep. 23, 2021
Alfred v. Garland
A difference in aiding and abetting mens reae between state and federal law should be considered in felony-based removal proceedings even when the crime committed did not involve aiding and abetting. 		Immigration 9th Sep. 23, 2021
Schrage v. Schrage
A shareholder did not have standing to bring a cause of action for breach of fiduciary duty because he did not allege a derivative cause of action on behalf of the corporation. 		Corporations 2DCA/7 Sep. 23, 2021
Cheng v. Coastal L.B. Associates, LLC
Substantial evidence supported applying a 27 percent discount to the fair market value of an interest share of an LLC. 		Corporations 2DCA/2 Sep. 23, 2021
Central Delta Water Agency v. Dept. of Water Resources
Trial court has authority to leave as-is earlier project approvals while an agency seeks California Environmental Quality Act compliance. 		Water Rights 3DCA Sep. 23, 2021
DotConnectAfrica Trust v. Internet Corp. for Assigned Names and Numbers
Because plaintiff waived its right to sue in court and was declared the prevailing party in arbitration, the trial court did not abuse its discretion in applying judicial estoppel. 		Civil Procedure 2DCA/8 Sep. 22, 2021
U.S. v. Wilson
Viewing attachments forwarded by Google's automated child pornography detection system was an unlawful search that exceeded the private search exception. 		Criminal Law and Procedure 9th Sep. 22, 2021
Li v. Garland
There was a sufficient evidence for an adverse credibility determination when an asylum applicant did not disclose a criminal charge and provided no explanation for false employment information. 		Immigration 9th Sep. 22, 2021
People v. Brown
Rejecting the prior rule, a trial court has the authority to deny a continuance lacking good cause even if the denial may foreseeably result in a dismissal of the case. 		Criminal Law and Procedure 6DCA Sep. 22, 2021
Korchemny v. Piterman
Payments for usurious interest demands are instead instantly applied to principal, and that reduction in principal can render later interest usurious. 		Contracts 1DCA/2 Sep. 21, 2021
Lawson v. Grubhub
Because Proposition 22 does not apply retroactively, the prior ABC test applies to claims arising before it was passed. 		Civil Procedure 9th Sep. 21, 2021
Inland Empire Waterkeeper v. Corona Clay
Because a failure to provide information about pollutant discharge violations could increase the risk of harm to recreational users of a nearby river, plaintiffs had standing to bring suit. 		Environmental Law 9th Sep. 21, 2021
Pirani v. Slack Technologies
A shareholder who had purchased shares through a direct listing had standing to sue on the grounds that the registration statement was misleading. 		Securities 9th Sep. 21, 2021
Nede Mgmt. Inc. v. Aspen American Insurance Co.
Because plaintiffs failed to allege that an actual conflict of interest existed between them and their insurer-appointed counsel, plaintiffs were not entitled to independent counsel. 		Insurance 2DCA/8 Sep. 21, 2021
X.M. v. Superior Court (Hesperia Unified School District)
When a plaintiff sought treble damages for alleged sexual assault by school's employee, governmental immunity to punitive damages barred plaintiff's claim. 		Government 4DCA/2 Sep. 20, 2021
Haggerty v. Thornton
Amendment to a trust was valid because the trust did not distinguish between revocation and modification, did not reject the general rule, and was not explicitly exclusive. 		probate_and_trusts 4DCA/1 Sep. 20, 2021
People v. Silas
A juror was improperly dismissed based on her answers to questions about the Black Lives Matter movement. 		Criminal Law and Procedure 1DCA/1 Sep. 20, 2021
Modification: People v. Roberts
Using DNA sample from defendant who was validly arrested for felony on probable cause but never formally charged does not violate constitutional rights. 		Criminal Law and Procedure 3DCA Sep. 20, 2021
Guzman v. NBA Automotive, Inc.
Employee's Department of Fair Employment and Housing complaint was valid, even though it incorrectly identified employer's legal name, because other complaint information could easily identify employer. 		Employment Law 2DCA/7 Sep. 20, 2021
People v. Barboza
When a trial court had struck a jury's special circumstance enhancement findings, those findings could not be used to preclude a resentencing hearing. 		Criminal Law and Procedure 4DCA/3 Sep. 17, 2021
People v. Eynon
Defendant's admission that he was liable for murder under then-existing felony murder law did not preclude him from a rehearing when felony murder laws were amended. 		Criminal Law and Procedure 4DCA/2 Sep. 17, 2021
People v. Montoya
In an ineffective counsel inquiry, counsel has some discretion to determine if a defense is viable and whether to bring that defense to the attention of a defendant. 		Criminal Law and Procedure 5DCA Sep. 17, 2021
U.S. v. Schaefer
After a defendant had previously waived his right to counsel, the district court properly denied defendant's request to reappoint counsel after the jury had been impaneled. 		Criminal Law and Procedure 9th Sep. 17, 2021
Brice v. Haynes Investments
A delegation clause requiring an arbitrator to decide the enforceability of an arbitration agreement was valid because it was not a prospective waiver of another prospective waiver claim. 		Arbitration 9th Sep. 17, 2021
Food & Water Watch v. U.S. Environmental Protection Agency
EPA's permit to Concentrated Animal Feeding Operations must contain sufficient monitoring provisions to ensure wastewater discharge compliance. 		Environmental Law 9th Sep. 17, 2021
Alcaraz-Enriquez v. Garland
Because the government denied the opportunity to cross-examine witnesses, an undocumented immigrant was deprived of an opportunity to a fair hearing. 		Immigration 9th Sep. 17, 2021
Cooper v. Newsom
District attorneys' appeal to intervene as defendants was not moot because California's execution protocol could reasonably be expected to start up again. 		Criminal Law and Procedure 9th Sep. 17, 2021
Thunder Studios v. Kazal
An extensive campaign that focused on 'exposing' a plaintiff's alleged misdeeds was not a true threat and was protected under the First Amendment. 		Constitutional Law 9th Sep. 16, 2021
Bolin v. Davis
A defendant was properly denied federal habeas relief because a reasonable jurist could conclude that defendant had effective counsel. 		Criminal Law and Procedure 9th Sep. 16, 2021
Wilkins v. U.S.
Because the Quiet Title Act's statute of limitations was jurisdictional, the district court lacked subject-matter jurisdiction and properly dismissed the case. 		Real Property 9th Sep. 16, 2021
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