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Name Category Published
Johnson v. Maxim Healthcare Services, Inc.
Although plaintiff's individual claim was time-barred, she may still pursue representative claim under Private Attorney General Act.
Labor Law 4DCA/1 Jul. 22, 2021
People v. Rodriguez
Defendant was not just getaway driver in single episode, he was major participant in conspiracy to commit series of robberies.
Criminal Law and Procedure 3DCA Jul. 21, 2021
Cahill Construction Co., Inc. v. Superior Court (Richards)
Code of Civil Procedure Section 2025.295 caps deposition of terminally-ill mesothelioma plaintiff to 14 hours.
Civil Procedure 1DCA/5 Jul. 21, 2021
People v. Pineda
Defendant was entitled to judicial determination as to whether his conduct is proscribed by special-circumstances statute before his Penal Code Section 1170.95 petition may be denied.
Criminal Law and Procedure 6DCA Jul. 21, 2021
Noguera v. Davis
Jury was properly instructed on financial-gain special circumstance.
Criminal Law and Procedure 9th Jul. 21, 2021
U.S. v. Gonzalez-Valencia
Filing of Notice to Appear establishes immigration court's jurisdiction regardless of notice's failure to include time, date, and location of hearing.
Immigration 9th Jul. 21, 2021
Amended Opinion: Bernstein v. Virgin America
Summary judgment to plaintiffs on their claims for minimum wage and payment for all hours worked was reversed because defendant's compensation scheme based on block time did not violate California law.
Labor Law 9th Jul. 21, 2021
Mauia v. Petrochem Insulation
In Outer Continental Shelf, state law can only be applied where gap in federal law exists.
Labor Law 9th Jul. 21, 2021
Harris v. Rojas
Plaintiff's recovery was slight compared to his demand; thus, trial court's ruling that plaintiff was not prevailing party was affirmed.
Attorneys 2DCA/8 Jul. 21, 2021
Western Bagel Co., Inc. v. Superior Court (Calderon)
Federal Arbitration Act bars courts from using contra proferentum to resolve ambiguity as to whether parties consented to nonbinding arbitration.
Arbitration 2DCA/1 Jul. 20, 2021
Taking Offense v. State of California
Law that prohibited staff members of long-term care facilities from willfully and repeatedly referring to resident by pronoun other than resident's preferred pronoun was content-based and did not survive strict scrutiny.
Constitutional Law 3DCA Jul. 20, 2021
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. 20, 2021
Martin v. California Coastal Commission
California Coastal Commission correctly interpreted City's Local Coastal Program and Municipal Code.
Administrative Agencies 4DCA/1 Jul. 20, 2021
M.M. v. D.V.
Family Code Section 7612(c) requires biological father seeking third parent status to show existing relationship with child.
Family Law 4DCA/1 Jul. 20, 2021
Whitewater Draw v. Mayorkas
Department of Homeland Security's Instruction Manual, which implements National Environmental Policy Act regulations, did not constitute 'final agency action' subject to review under Administrative Procedure Act.
Environmental Law 9th Jul. 20, 2021
Foothill Church v. Watanabe
Order
9th Jul. 20, 2021
Kennedy v. Bremerton School District
Order
9th Jul. 20, 2021
Champir, LLC v. Fairbanks Ranch Association
Determination of who is prevailing party requires ascertaining proper litigation objective.
Attorneys 4DCA/1 Jul. 19, 2021
People v. Pinedo
Defendant was entitled to have his 'narcotics offender' registration struck under plain language of the newly enacted Assembly Bill No. 1261.
Criminal Law and Procedure 5DCA Jul. 19, 2021
People v. Mount
Application to designate felony conviction as misdemeanor on behalf of deceased defendant is moot where there is no showing that granting petition would provide any effective relief.
Criminal Law and Procedure 1DCA/1 Jul. 19, 2021
Lemos v. County of Sonoma
District court properly dismissed 42 U.S.C. Section 1983 excessive force claim after jury convicted plaintiff of resisting, obstructing, or delaying peace officer.
Civil Rights 9th Jul. 19, 2021
Agendia v. Becerra
Medicare Act's notice-and-comment provision did not apply to local coverage determinations because such determinations did not establish or change substantive legal standard.
Health Care 9th Jul. 19, 2021
United States v. Williams
Term by which Washington offense is punishable is limited by upper bound of its mandatory guidelines range.
Criminal Law and Procedure 9th Jul. 19, 2021
Modification: Remedial Construction Services v. Aecom
Subcontract's incorporation of voluminous contract containing arbitration agreement between other parties was insufficient to subject parties to arbitration.
Arbitration 2DCA/6 Jul. 19, 2021
Doe # 1 v. Biden
Order
9th Jul. 19, 2021
United States v. Valdez-Lopez
District court did not act vindictively in resentencing defendant to longer term of imprisonment where it granted defendant's motion to vacate his conviction, and where two sentences were imposed by different judges.
Criminal Law and Procedure 9th Jul. 19, 2021
People v. Lopez
Trial counsel failed to provide defendant with accurate and affirmative advice about immigration consequences of his plea agreement.
Criminal Law and Procedure 4DCA/3 Jul. 16, 2021
Struiksma v. Ocwen Loan Servicing, LLC
Wrongful foreclosure claims were not precluded by prior unlawful detainer action under Code of Civil Procedure Section 1161a.
Civil Procedure 4DCA/3 Jul. 16, 2021
Lil' Man in the Boat v. City & Cnty. of San Francisco
There is no indication that Congress intended private right of action in Rivers and Harbors Act Section 5(b)(2).
Civil Rights 9th Jul. 16, 2021
Lund v. Cowan
Any claim challenging judge's in-court statement suggesting trust beneficiary has Down syndrome was barred by judicial immunity.
Judges 9th Jul. 16, 2021