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Name Category Published
Moore v. Trader Joe's
No deceptive marketing where other available information about product would flag reasonable consumer that product is not 100 percent as stated.
Consumer Law 9th Jul. 16, 2021
Ferra v. Loews Hollywood Hotel, LLC
Like regular rate of pay, regular rate of compensation includes all nondiscretionary payments, not just hourly wages.
Employment Law CASC Jul. 16, 2021
Modification: Briley v. City of West Covina
Former employee need not exhaust administrative remedies when final administrative decisionmaker is personally and antagonistically involved.
Administrative Agencies 2DCA/4 Jul. 16, 2021
People v. Dworak
There was no prosecutorial misconduct when prosecutor used hyperbolic language to describe defendant's expert witness at closing arguments.
Criminal Law and Procedure CASC Jul. 16, 2021
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 Jul. 15, 2021
E.E. v. Norris School District
District court properly found that administrative law judge's stay put placement under Individuals with Disabilities Education Act was void.
Education 9th Jul. 15, 2021
Khachatryan v. Blinken
U.S. citizen adult child does not have protected liberty interest to bring alien parent into U.S.
Immigration 9th Jul. 15, 2021
People ex rel. Allstate Insurance 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. 14, 2021
Mai v. HKT Cal, Inc.
Attorney invoices can be used to corroborate plaintiff's testimony that amount billed was paid and as evidence of amount's reasonability.
Evidence 4DCA/1 Jul. 14, 2021
Lalayan v. Garland
Immigration Judge provided specific and cogent reasons for finding petitioner's testimony implausible.
Immigration 9th Jul. 14, 2021
Social Technologies v. Apple
Because plaintiff did not engage in bona fide use of mark in commerce, its trademark registration was invalid.
Intellectual Property 9th Jul. 14, 2021
People v. Stewart
'Romero' motion cannot be used to bypass Penal Code Section 1170.91 determinate sentence requirement.
Criminal Law and Procedure 4DCA/2 Jul. 13, 2021
U.S. v. Bastide-Hernandez
Jurisdiction of immigration court to enter order of removal vests upon filing of Notice to Appear, even one that does not inform alien of time, date, and location of hearing.
Immigration 9th Jul. 13, 2021
National Labor Relations Board v. Nexstar Broadcasting Inc.
Collective bargaining agreement must explicitly provide for survival of expired contract rights.
Labor Law 9th Jul. 13, 2021
B.R. v. Garland
Improper service of Notice to Appear on minor-alien released from DHS custody was cured when DHS later perfected service by re-serving his attorney before substantive removal proceedings began.
Immigration 9th Jul. 13, 2021
Shalabi v. City of Fontana
Plaintiff's 18th birthday should have been excluded pursuant to Code of Civil Procedure Section 12 in calculating when statute of limitations period started running after tolling during minority ended.
Civil Procedure CASC Jul. 13, 2021
In re Matthew W.
Armed police officer's questioning of minor inside his home at 6:00 a.m. after learning he stabbed victim constituted custodial interrogation.
Juveniles 1DCA/2 Jul. 12, 2021
Escobar Santos v. Garland
California conviction for forgery of driver's license constitutes aggravated felony rendering petitioner ineligible for voluntary departure.
Immigration 9th Jul. 12, 2021
U.S. v. Minasyan
Where defendant had adequate opportunity to contest loss amount at sentencing hearing, plea is not involuntary.
Criminal Law and Procedure 9th Jul. 12, 2021
U.S. v. Palomar-Santiago
Order
9th Jul. 12, 2021
Haytasingh v. City of San Diego
Trial court erroneously instructed jury that City was exempt from Harbors and Navigation Code Section 655.2, which imposes speed limit of five miles per hour on water vessels in certain areas.
Government 4DCA/1 Jul. 12, 2021
In re Charles W., Jr.
No 'reason to believe' children were of Native American ancestry because juvenile court held in prior dependency case that Indian Child Welfare Act did not apply and mother's counsel denied Indian heritage.
Native American Affairs 4DCA/1 Jul. 12, 2021
Slidewaters v. Washington State Dep't of Labor
Governor of Washington had lawful authority to declare state of emergency because COVID-19 pandemic is both 'public disorder' and 'disaster' affecting 'life and health' in Washington.
Civil Rights 9th Jul. 9, 2021
Killgore v. City of South El Monte
Massage establishments are 'closely regulated' industries and thus fall within Fourth Amendment's warrantless search exception.
Civil Rights 9th Jul. 9, 2021
Conservatorship of A.B.
Court cannot transfer to public guardian its authority to decide if collection of fee would pose undue financial hardship on conservatee.
Conservatorship 1DCA/4 Jul. 9, 2021
Amended Opinion: Ironhawk Technologies v. Dropbox
There was genuine dispute of material fact as to likelihood of consumer confusion under reverse confusion theory of infringement.
Intellectual Property 9th Jul. 8, 2021
Khosravan v. Chevron Corp.
Code of Civil Procedure Section 998 offer requiring plaintiff to indemnify defendant against claims by third parties would be less favorable than jury's award and difficult to quantify.
Remedies 2DCA/7 Jul. 8, 2021
Bailey v. Citibank, N.A.
In adverse possession cases, true ownership requires holding title not lien.
Real Property 5DCA Jul. 8, 2021
Modification: People v. Sanchez
Evidence was insufficient to support conviction for possession of controlled substance while armed with firearm because firearm was not available for immediate defensive or offensive use.
Criminal Law and Procedure 6DCA Jul. 8, 2021
Tomczyk v. Garland
Order
9th Jul. 8, 2021