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Name Category Published
People v. Wycoff
Expert psychologist's report was substantial evidence of defendant's mental incompetence, requiring the court to initiate competency procedures set forth in Penal Code Sections 1368 and 1369.
Criminal Law and Procedure CASC Aug. 24, 2021
Southwest Fair Housing Council v. Maricopa Domestic Water Improvement District
Increasing refundable security deposit required of new public housing customers before providing water services served legitimate business interest of preventing delinquent accounts.
Civil Rights 9th Aug. 24, 2021
Aguirre v. U.S. Nuclear Regulatory Commission
Although agency's response to Freedom of Information Act request was tardy, requestor must exhaust administrative remedies so long as agency properly responds before suit is filed.
Administrative Agencies 9th Aug. 24, 2021
Ohlson v. Brady
Government was entitled to qualified immunity in plaintiff's action alleging that his government employer violated his First Amendment rights by disciplining him for protected speech.
Civil Rights 9th Aug. 24, 2021
Flo & Eddie, Inc. v. Sirius XM Radio, Inc.
District court erred in concluding that 'exclusive ownership' under California Civil Code Section 980(a)(2) included the right of public performance.
Copyright 9th Aug. 24, 2021
Ramirez v. Trans Union
Order
9th Aug. 24, 2021
People v. Mumin
Evidence supported jury instruction on kill zone theory of attempted murder liability.
Criminal Law and Procedure 4DCA/1 Aug. 23, 2021
Modification: Law Finance Group, LLC v. Key
100-day deadline to file petition to vacate arbitration award cannot be altered by agreement.
Arbitration 2DCA/2 Aug. 23, 2021
People v. Tan
After defendant's conviction was vacated under Penal Code Section 1170.95 and he was released on time served with three-year parole term, Section 3000.01 limited defendant's parole term to two years.
Criminal Law and Procedure 2DCA/3 Aug. 23, 2021
Save our Access v. Watershed Conservation Authority
Parking deficits do not affect project's environmental review unless it has impact 'on the environment.'
Environmental Law 2DCA/8 Aug. 23, 2021
Maner v. Dignity Health
Discrimination motivated by employer's 'paramour preference' is not unlawful sex discrimination under Title VII of Civil Rights Act of 1964.
Employment Discrimination 9th Aug. 23, 2021
U.S. v. Bartley
Unlawful possession of firearm under 18 U.S.C. Section 922(g)(4) does not require defendant to be both mentally ill and dangerous.
Criminal Law and Procedure 9th Aug. 23, 2021
Dai v. Garland
Board of Immigration Appeals did not find petitioner's case to be persuasive and no reasonable adjudicator would be compelled to conclude otherwise.
Immigration 9th Aug. 23, 2021
Plancarte Sauceda v. Garland
Board of Immigration Appeals' rejection of petitioner's proposed particular social group of 'female nurses' on ground that nursing is not immutable characteristic was unreasonable.
Immigration 9th Aug. 23, 2021
Jones v. Allison
CDCR officials entitled to legislative immunity because they performed legislative function when they adopted regulations directed by Article I, Section 32 of California Constitution, even if some provisions were later found void.
Civil Rights 9th Aug. 23, 2021
Alameda County Waste Management Authority v. Waste Connections US, Inc. et al.
Local governments may inspect and copy landfill records without having to prove as a factual matter necessity for the records.
Utilities 1DCA/2 Aug. 20, 2021
In re N.B.
Terminating guardianship by Welfare and Institutions Code Section 388 petition did not amount to reversible error.
Juveniles 1DCA/1 Aug. 20, 2021
Morris Cerullo World Evangelism v. Newport Harbor Offices etc.
Anti-SLAPP motion may not be directed to affirmative defense.
Anti-SLAPP 4DCA/3 Aug. 20, 2021
Romero v. Watkins & Shepard Trucking
Federal Arbitration Act did not apply to arbitration policy, because FAA exempts workers who are engaged in interstate commerce, and that provision cannot be waived by private agreement.
Arbitration 9th Aug. 20, 2021
Aya Healthcare Services v. AMN Healthcare
Non-solicitation agreement that was reasonably necessary to parties pro-competitive collaboration was subject to 'rule-of-reason' standard.
Antitrust 9th Aug. 20, 2021
Skidgel v. California Unemployment Insurance Appeals Board
In-Home Supportive Services caregivers who provide services to family members are not eligible for unemployment insurance benefits.
Employment Law CASC Aug. 20, 2021
Gonzalez v. Mathis
Landowners owe no duty to independent contractors or its workers to remedy or adopt other measures to protect them against known hazards on premises.
Torts CASC Aug. 20, 2021
Los Angeles Dept. of Water and Power v. County of Inyo
Adequate notice that California Environmental Quality Act exemption will be considered is required for issue exhaustion requirement to apply.
Environmental Law 5DCA Aug. 19, 2021
Marriage of Ramsey and Holmes
Where it is undisputed that there is community property interest in real property, both spouses are obligated to ensure that family court has information necessary to determine that interest.
Family Law 2DCA/4 Aug. 19, 2021
Taylor v. Financial Casualty & Surety
Surety did not have requisite control over plaintiffs' fugitive recovery work, and thus it was not their employer.
Labor Law 4DCA/1 Aug. 19, 2021
People v. Perez
Superior court has discretionary authority, after considering totality of circumstances, to deem to Penal Code Section 1473.7 motion timely even if moving party did not act with reasonable diligence.
Criminal Law and Procedure 5DCA Aug. 19, 2021
People v. McClure
Penal Code Section 1170.95 resentencing relief does not apply to individuals charged with murder but convicted by plea of voluntary manslaughter.
Criminal Law and Procedure 6DCA Aug. 19, 2021
People v. Czirban
Statutory changes to Penal Code Section 1203.1(a) allowed defendant's three year probationary term to be reduced to two years.
Criminal Law and Procedure 6DCA Aug. 19, 2021
Turner v. Victoria
Corporations Code Section 5710(b) requires continuous membership in nonprofit public benefit corporation to bring derivative action.
Corporations 4DCA/1 Aug. 19, 2021
Student A v. San Francisco Unified School District
Prior to filing lawsuit under Individuals with Disabilities Education Act, plaintiffs must exhaust administrative remedies.
Disability Discrimination 9th Aug. 19, 2021