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Name Category Published
People v. Nolasco
No equal protection violation in differential treatment of recommitment orders' end dates for those with mental illnesses versus those with developmental disabilities.
Constitutional Law 2DCA/2 Aug. 2, 2021
People v. Walker
By correcting one part of sentence, trial court is resentencing defendant and is obligated to look at most current facts and law to determine whether they render different part of sentence incorrect.
Criminal Law and Procedure 2DCA/2 Aug. 2, 2021
Exline v. Gillmor
Public official's Form 700 filings falls within Code of Civil Procedure Section 425.17(d)(2)'s exception to public interest exemption to anti-SLAPP statute.
Anti-SLAPP 4DCA/3 Aug. 2, 2021
Braganza v. Albertson's LLC
Party who seeks continuance must show why discovery necessary to oppose motion for summary judgment could not have been completed sooner.
Civil Procedure 4DCA/2 Aug. 2, 2021
Modification: People v. Potter
'Miranda' advisements were not required for defendant who voluntarily went to police station to take polygraph examination, was told he was free to leave, and was not arrested after confessing.
Criminal Law and Procedure 3DCA Aug. 2, 2021
In re L.O.
Mere fact that parents had separated did not establish that father no longer posed substantial risk of serious physical harm to child.
Juveniles 4DCA/2 Aug. 2, 2021
People v. Clark
Defendant's unpaid balance of monthly $100 probation supervision fee was struck under Assembly Bill 1869.
Criminal Law and Procedure 1DCA/4 Aug. 2, 2021
John Doe v. Nestle, S.A.
Order
9th Aug. 2, 2021
Wide Voice v. Federal Communications Commission
Competitive local exchange carrier's tariffed rate was unlawful because it violated FCC's benchmarking rule by exceeding established step-down rates.
Administrative Agencies 9th Aug. 2, 2021
Thompson v. Hebdon
Alaska's individual-to-candidate campaign contribution limit of $500 a year was not closely drawn to meet its objectives.
Constitutional Law 9th Aug. 2, 2021
AdTrader Inc. v. Google
Order awarding attorneys' fees from common fund is not immediately appealable where parties stipulated that attorneys' fees would be paid out of defendant's pocket.
Attorneys 9th Aug. 2, 2021
Modification: People v. Scully
Excusal of prospective juror was proper because she described death vote as 'possibility' but never stated she could actually impose death penalty when warranted.
Criminal Law and Procedure CASC Aug. 2, 2021
People v. Yang
Trial court abused its discretion by allowing expert testimony regarding postpartum mental disorders without sufficient factual basis and by admitting defendant's privileged psychological records.
Criminal Law and Procedure 3DCA Jul. 30, 2021
Mahler v. Judicial Council of California
Although plaintiffs' complaint was not barred by legislative immunity, their disparate impact age discrimination claim failed to allege causal connection.
Judges 1DCA/1 Jul. 30, 2021
Pear v. City & County of S.F.
Secondary easement is no more than the right to do that which is necessary for the principal easement's enjoyment.
Real Property 6DCA Jul. 30, 2021
Bonni v. St. Joseph Health System
Disciplinary actions imposed through peer review do not qualify as protected activity under anti-SLAPP statute.
Anti-SLAPP CASC Jul. 30, 2021
People v. Bryant
Mandatory supervision terms and conditions are to be evaluated for reasonableness on case-by-case basis under 'People v. Lent' test.
Criminal Law and Procedure CASC Jul. 30, 2021
U.S. v. Telles
No substantial evidence of defendant's incompetence during proceedings where defendant understood charges against him and discussed mental health as part of litigation strategy.
Criminal Law and Procedure 9th Jul. 30, 2021
Hollingsworth v. Heavy Transport, Inc.
Jurisdictional questions regarding workers' compensation coverage are properly decided by court, not jury.
Employment Law 2DCA/4 Jul. 29, 2021
Fisher v. MoneyGram International, Inc.
Arbitration provision was unconscionable because it was hidden on back side of money transfer order form, in tiny 6-point print that was virtually illegible.
Contracts 1DCA/4 Jul. 29, 2021
U.S. v. Gomez
Prosecution may preemptively rebut defense of entrapment when defendant clearly indicates he will present entrapment defense.
Criminal Law and Procedure 9th Jul. 29, 2021
U.S. v. Dade
Defendant did not demonstrate his convictions 'relied on' residual-clause definition of 'crime of violence' under 18 U.S.C. Section 16(b).
Criminal Law and Procedure 9th Jul. 29, 2021
Bahr v. Regan
Environmental Protection Agency's conclusion that Arizona achieved statutory required reduction in ozone concentration by July 2018, in compliance with Clean Air Act, was valid.
Environmental Law 9th Jul. 29, 2021
National Parks Conservation Association v. Federal Energy Regulatory Commission
Federal Energy Regulatory Commission may properly limit intervention in post-licensing deadline extension proceedings.
Administrative Agencies 9th Jul. 29, 2021
National Pork Producers Council v. Ross
Proposition 12 does not impose impermissible extraterritorial effects where it is neither price-control nor price-affirmation statute.
Constitutional Law 9th Jul. 29, 2021
Bailey v. MacFarland
Domestic relations exception to federal diversity jurisdiction applied because plaintiff was seeking modification to existing divorce decree.
Civil Procedure 9th Jul. 29, 2021
Orellana v. Mayorkas
Under 'circumstance-specific' approach, district court is not limited to reviewing record in criminal case in determining loss to victim for purposes of 8 U.S.C. Section 1101(a)(43)(M)(i).
Immigration 9th Jul. 29, 2021
City and County of San Francisco v. All Persons Interested in the Matter of Proposition G
Supermajority requirement does not apply to citizens' initiatives.
statutory_interpretation 1DCA/4 Jul. 28, 2021
R-Calf v. Vilsack
Promotional materials by third-parties that are subject to Secretary of Agriculture's pre-approval is government speech and exempt from First Amendment scrutiny.
Constitutional Law 9th Jul. 28, 2021
Jackson v. Park
Defense counsel engaged in misconduct by falsely arguing excluded evidence did not exist and by arguing facts outside the record.
Attorneys 2DCA/7 Jul. 28, 2021