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Name Category Published
In re Sims
Evidence of defendant's failure to take her medication established change in circumstance and required trial court to suspend proceedings for evaluation of competency. 		Criminal Law and Procedure 4DCA/2 Aug. 13, 2021
People v. Henderson
Striking prior prison term enhancement while maintaining remainder of plea agreement would not deprive the People of benefit of bargain in open plea agreement context. 		Criminal Law and Procedure 3DCA Aug. 13, 2021
Qaadir v. Figueroa
Plaintiff was required to show that medical bills were actually incurred before court admitted those bills as evidence, but error was harmless because jury's award fell within experts' valuations. 		Remedies 2DCA/8 Aug. 13, 2021
People v. Wilson
Unlawful and forcible entry into residence is predicate to application of Home Protection Bill of Rights presumption, and porch is not within residence. 		Criminal Law and Procedure 3DCA Aug. 13, 2021
Hedayati v. Interinsurance Exchange of the Auto. Club
Summary judgment was improper because insurer did not attempt to refute plaintiff's good faith and fair dealing claim based on its alleged failure to communicate with its insured. 		Torts 4DCA/3 Aug. 13, 2021
Al- Qarquani v. Chevron
So long as party makes non-frivolous claim that arbitral award is covered by New York Convention, district court must assume subject-matter jurisdiction. 		Arbitration 9th Aug. 13, 2021
CLMS Management Services v. Amwins Brokerage of Georgia
Convention on Recognition and Enforcement of Foreign Arbitral Awards is not 'Act of Congress' subject to reverse-preemption by McCarran-Ferguson Act. 		Arbitration 9th Aug. 13, 2021
Jones v. Davis
Defendant's right to present complete defense was not violated because trial court's evidentiary ruling was neither arbitrary nor disproportionate to purpose it served. 		Criminal Law and Procedure 9th Aug. 13, 2021
Lim v. TForce Logistics
Arbitration provision was procedurally and substantively unconscionable because of its take-it-or-leave-it circumstances, and cost-splitting, fee-shifting, and Texas venue provisions. 		Arbitration 9th Aug. 13, 2021
People v. Raybon
After passage of Proposition 64, possession of cannabis in prison remains a violation of Penal Code Section 4573.6. 		Criminal Law and Procedure CASC Aug. 13, 2021
Natarajan v. Dignity Health
No disqualification of hearing officer serving on medical peer review panel when financial benefit is not sufficient to raise meaningful risk of bias. 		Business Law CASC Aug. 13, 2021
Pacific Merchant Shipping Assn. v. Newsom
Assembly Bill 900 deadlines were not meant to be imported into Assembly Bill 734. 		statutory_interpretation 1DCA/1 Aug. 12, 2021
Meridian Financial Services, Inc. v. Phan
For purposes of issue preclusion, trial judge's decision remained final notwithstanding stipulated order partly vacating it. 		Civil Procedure 4DCA/1 Aug. 12, 2021
Nowicki v. Contra Costa County Employees' Retirement
Although retiree sold back accrued vacation during year before his retirement to increase his pensionable compensation, this conduct was expressly permitted at that time and thus not improper. 		Government 1DCA/2 Aug. 12, 2021
U.S. v. Wilson
There is no presumption that district court judge would take same approach in 18 U.S.C. Section 3582(c) proceeding as that taken by judge in original sentencing. 		Criminal Law and Procedure 9th Aug. 12, 2021
Austin v. City of Burbank
Opinion 		2DCA/8 Aug. 12, 2021
Sanchez-Ruano v. Garland
Alien's status as deportable or inadmissible is immaterial to qualify for cancellation of removal. 		Immigration 9th Aug. 12, 2021
Pilliod v. Monsanto Co.
Failure to warn and design defect claims based on state-law labeling and packaging requirements were not expressly preempted by Federal Insecticide, Fungicide, and Rodenticide Act. 		Torts 1DCA/2 Aug. 11, 2021
In re M.W.
Costs relating to rehabilitation and treatment of juvenile wards cannot be charged to juveniles nor their families. 		Juveniles 1DCA/5 Aug. 11, 2021
Modification: People v. Smothers
Defense counsel's misconception and consequent failure to present pertinent evidence at murder trial prejudiced defendant and constituted ineffective assistance of counsel. 		Criminal Law and Procedure 1DCA/3 Aug. 11, 2021
Moser v. Benefytt, Inc.
Defendant did not have 'available' personal jurisdiction defense to claims of unnamed putative class members who were not yet parties to case at motion to dismiss stage. 		Civil Procedure 9th Aug. 11, 2021
Loyhayem v. Fraser Financial & Insurance Services
Telephone Consumer Protection Act prohibits any robocalls to cell phones, not just those for advertising or telemarketing purposes. 		Consumer Law 9th Aug. 11, 2021
Hubbard v. U.S.
Under Innocence Protection Act, court with jurisdiction to hear petition for DNA testing is court that entered judgment of conviction, even if that tribunal has since dissolved. 		Criminal Law and Procedure 9th Aug. 11, 2021
McKenna v. Beasley
Vehicle owners must inquire into prospective driver's license status before allowing driver to operate their vehicle. 		Torts 4DCA/1 Aug. 10, 2021
Daly v. San Bernardino County Bd. of Supervisors
Court's order requiring local legislative body to remove and replace its member due to board's violation of open-meeting requirements was a mandatory injunction; thus, order should be stayed for pendency of appeal. 		Civil Procedure CASC Aug. 10, 2021
Herrera v. Doctors Medical Center of Modesto
PAGA claims cannot be forced into arbitration based on agreements made by the former employees before they became authorized representatives of the state. 		Arbitration 5DCA Aug. 9, 2021
Knapp v. Ginsberg
Summary judgment not appropriate where a triable issue exists as to whether party to a Premarital Agreement was represented as required Family Code 1615. 		Family Law 2DCA/4 Aug. 9, 2021
Snoqualmie Indian Tribe v. State of Washington
Absent treaty-tribe status, a Native American tribe cannot claim any rights under the Treaty of Point Elliot. 		Native American Affairs 9th Aug. 9, 2021
San Francisco Bay Conservation and Development Commission v. United States Army Corps of Engineers
Conditions about where to dispose of dredged material was not an enforceable policy under the Coastal Zone Management Act. 		Environmental Law 9th Aug. 9, 2021
Pakdel v. City and County of San Francisco
Order 		9th Aug. 9, 2021
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