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Name Category Published
Huy Fong Foods, Inc. v. Underwood Ranches, LP
Hot sauce manufacturer's concealment of its decision not to renew its long-standing contractual relationship with pepper farmer constituted fraudulent concealment.
Contracts 2DCA/6 Jul. 28, 2021
Marriage of L.R. and K.A.
Mother's poor co-parenting did not amount to level of destroying Father's 'mental and emotional calm' to constitute abuse under Domestic Violence Prevention Act.
Family Law 4DCA/1 Jul. 28, 2021
In re B.D.
Juvenile courts must consider whether parents' continued substance abuse had any negative effect on parent-child relationship before terminating parental rights.
Juveniles 4DCA/1 Jul. 28, 2021
People v. Vasquez
When defendant commits crime to benefit umbrella gang, and umbrella gang satisfies primary activities and predicate offense requirements, it is not necessary to establish any connection between subsets of umbrella gang.
Criminal Law and Procedure 5DCA Jul. 28, 2021
Modification: Voice of San Diego v. Superior Court (County of San Diego)
Public interest in not disclosing exact location of COVID-19 outbreaks outweighed public interest in disclosure.
Public Records Act 4DCA/1 Jul. 28, 2021
Brach v. Newsom
California's ban on in-person schooling in private school setting abridges fundamental right of parents to control their children's education.
Constitutional Law 9th Jul. 27, 2021
Fast Trak Investment Co. v. Sax
Order
9th Jul. 27, 2021
Pollock v. Tri-Modal Distribution Services, Inc.
Actionable quid pro quo sexual harassment occurs when employees have actual or constructive knowledge of employer's decision to not promote due to harassment.
Employment Law CASC Jul. 27, 2021
People v. Lewis
Penal Code Section 1170.95(c) does not require petitioner to first make prima facie showing that he is entitled to relief in order to be appointed counsel.
Criminal Law and Procedure CASC Jul. 27, 2021
U.S. v. Pangang Group
Being deemed instrumentality of foreign state under Foreign Sovereign Immunities Act requires more than relying on indictment's allegation of being "state-owned."
Criminal Law and Procedure 9th Jul. 27, 2021
Gordon v. County of Orange
Qualified immunity was reversed because plaintiff had clearly established constitutional right to proper medical screening to ensure medically appropriate protocol was initiated.
Civil Rights 9th Jul. 27, 2021
Marinelarena v. Garland
Petitioner did not meet her burden of proof to show that her conviction did not involve federally controlled substance despite having ambiguous conviction record.
Immigration 9th Jul. 27, 2021
Genis v. Schainbaum
Where legal malpractice is being alleged against criminal defense counsel, actual innocence of criminal charges must be proved.
Attorneys 2DCA/8 Jul. 26, 2021
People v. Hoang
Penal Code Section 12022.53(h) authorizes trial court to strike or dismiss firearm enhancement only; it does not permit court to substitute lesser firearm enhancement.
Criminal Law and Procedure 6DCA Jul. 26, 2021
Jolie v. Superior Court of Los Angeles County
Advised of judge's involvement in matters involving respondent's counsel, which expanded their professional relationship, along with judge's failure to voluntarily disclose those matters, person might entertain doubt as to judge's impartiality.
Judges 2DCA/7 Jul. 26, 2021
George Mersho v. USDC-AZP
District court erred when it failed to comply with burden shifting process Congress established in Private Securities Litigation Reform Act.
Securities 9th Jul. 26, 2021
In re Guice
California Department of Corrections and Rehabilitation's regulation that excludes nonviolent parole consideration of any inmate who is currently serving term of incarceration for 'violent felony' reasonably interpreted Proposition 57.
Criminal Law and Procedure 6DCA Jul. 23, 2021
United States v. Warren
It is not error to include the statute defining the substantive offense that is the object of a conspiracy in a judgment.
Criminal Law and Procedure 9th Jul. 23, 2021
People v. Arias
Pre-'People v. Banks' and 'People v. Clark' felony-murder special-circumstance findings do not categorically preclude defendants from obtaining resentencing relief under Senate Bill No. 1437.
Criminal Law and Procedure 4DCA/1 Jul. 23, 2021
United States v. Halamek
District court did not err by admitting FBI child forensic interviewer's relevant and reliable expert testimony on topic of grooming for sexual abuse.
Criminal Law and Procedure 9th Jul. 23, 2021
Modification: People ex rel. Allstate Ins. Co. v. Rubin
Medical reports and bills in support of insurance claims were defendant's usual course of business and may not have resulted in litigation; thus, trial court properly denied defendant's anti-SLAPP motion.
Anti-SLAPP 4DCA/3 Jul. 23, 2021
Dustin Shepherd v. Unknown Party
Defendant failed to show 'actual innocence' to challenge his career offender sentence because the court imposed a sentence below guidelines range and was he sentenced after the guidelines became advisory.
Criminal Law and Procedure 9th Jul. 23, 2021
Shooter v. State of Arizona
District court properly dismissed plaintiff's civil rights claims alleging that he was wrongfully expelled as representative from Arizona House.
Civil Rights 9th Jul. 23, 2021
People v. Doane
Prosecutor misstated the law involving circumstantial evidence in closing argument.
Criminal Law and Procedure 1DCA/1 Jul. 23, 2021
In re Rodriguez
Ameliorative amendment to Penal Code Section 667.5 did not apply retroactively when trial court in defendant's second proceeding used first judgment to calculate aggregate term of imprisonment.
Criminal Law and Procedure 4DCA/1 Jul. 23, 2021
Winns v. Postmates Inc.
Supreme Court's ruling in 'Epic Systems Corp. v. Lewis' did not overrule California Supreme Court's opinion in 'Iskanian v. CLS Transportation Los Angeles, LLC.'
Arbitration 1DCA/3 Jul. 22, 2021
People v. Wilson
Trial court lacked statutory authority to modify defendant's parole condition without alleged parole violation.
Criminal Law and Procedure 1DCA/5 Jul. 22, 2021
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 Jul. 22, 2021
People v. Schulz
Penal Code Section 1203.1(m)(1) excludes offenses that specify lengths of probation from eligibility for two-year maximum probationary period.
Criminal Law and Procedure 5DCA Jul. 22, 2021
Gilkyson v. Disney Enterprises, Inc.
Agreement expressly granted defendant right to exploit mechanical reproduction rights without paying royalties.
Contracts 2DCA/7 Jul. 22, 2021