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Name Category Published
Valentine v. Collier
Inmates in a Texas geriatric prison allege the facility failed to protect them from the dangers of COVID-19. The district court issued an injunction requiring the prison to follow an extensive safety protocol, and the Fifth Circuit stayed that injunction. Application to vacate stay is denied.
Administrative Agencies USSC May 18, 2020
Shuler v. Capital Agricultural Property Services, Inc.
Nonsettling tortfeasors were not entitled to contribution from settling tortfeasors but could only be credited amount paid by the settling tortfeasors.
Remedies 2DCA/6 May 18, 2020
In re Optical Disk Drive Products Antitrust Litigation
When class counsel secures appointment as interim lead counsel by proposing fee structure in competitive bidding process, that bid becomes starting point for determining reasonable fee.
Attorneys 9th May 18, 2020
Lona v. Barr
Petitioner not entitled to equitable tolling because she untimely failed to act with due diligence in raising errors.
Immigration 9th May 18, 2020
Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc.
Claim preclusion generally does not bar claims predicated on events that postdate the filing of the initial complaint.
Civil Procedure USSC May 15, 2020
Modification: People v. Law
Defendant was not entitled to relief under Penal Code Section 1170.95 because he was a major participant and acted with reckless indifference to human life.
Criminal Law and Procedure 4DCA/2 May 15, 2020
Modification: El Rovia Mobile Home Park, LLC v. City of El Monte
Cities are entitled broad discretion in selecting the base year under rent control.
statutory_interpretation 2DCA/5 May 15, 2020
Zieve, Brodnax & Steele, LLP v. Dhindsa
Owner of unencumbered 25 percent interest in property was entitled to a proportionate share of surplus proceeds.
Real Property 5DCA May 15, 2020
Sosa v. CashCall, Inc.
Asking 'how many of consumers who received an offer were given a loan' was relevant to show whether lenders' offer was a 'firm offer.'
Consumer Law 4DCA/3 May 15, 2020
Nguyen v. Ford
Tolling provision no longer applied once plaintiff's former counsel filed notice to withdraw and plaintiff did not allege she was unaware.
Torts 6DCA May 15, 2020
In re K.T.
Substantial evidence did not support finding that non-offending Father needed to take parenting course in order to protect daughter.
Dependency 2DCA/1 May 15, 2020
People v. Seo
Trial court properly refused to instruct jury that possession of counterfeiting equipment requires an intent to defraud.
Criminal Law and Procedure 4DCA/3 May 14, 2020
Delta Stewardship Council Cases
Delta Reform Act did not require Council to adopt, as legally enforceable regulations, performance measure targets to achieve certain objectives of the Act.
Environmental Law 3DCA May 14, 2020
VVA-TWO, LLC v. Impact Development Group, LLC
Arbitrator did not exceed his authority by awarding remedies reflected in the partial final award.
Arbitration 2DCA/1 May 14, 2020
Skyline Wesleyan Church v. California Dept. of Managed Health Care
Plaintiff established each of three elements of standing with respect to its federal free exercise claim.
Civil Rights 9th May 14, 2020
Doc's Dream v. Dolores Press
Declaratory relief action alleging abandonment of copyright invokes sufficient 'construction' of Copyright Act to allow for discretionary award of attorney's fees.
Intellectual Property 9th May 14, 2020
Adams v. West Marine Products
District court reasonably inferred from facts in evidence that it was more likely than not that more than one-third of class members were California citizens.
Civil Procedure 9th May 14, 2020
Arace v. Medico Investments, LLC
The Elder Abuse Act mandates an award of attorney fees to successful plaintiffs regardless of other relief granted.
Remedies 4DCA/2 May 13, 2020
Willis v. City of Carlsbad
Equitable tolling doctrine did not apply because initial six month claim presentation deadline under Government Claims Act was not a statute of limitations.
Employment Law 4DCA/1 May 13, 2020
People v. Prowell
State's interests in preventing defendant's harassing communication with victim could be served through narrower means than allowing warrantless searches of defendant's communication devices.
Criminal Law and Procedure 3DCA May 13, 2020
In re Susan J. Barber
Order
9th May 13, 2020
Petrovich Development Co., LLC v. City of Sacramento
City Council's decision was biased and did not grant fair hearing to applicant because council member advocated against approval.
Government 3DCA May 12, 2020
Yang v. Tenet Healthcare Inc.
Defendants' conduct arose from protected activity because their allegedly defamatory statements were made in connection with issue of public interest; thus, anti-SLAPP motion should have been granted.
Anti-SLAPP 4DCA/2 May 12, 2020
Perez v. Mortgage Electronic Registration Systems Inc.
California law does not permit preemptive actions to challenge foreclosing party's authority to foreclose on borrower's property before any nonjudicial foreclosure has taken place.
Civil Procedure 9th May 12, 2020
Tovar v. Zuchowski
Order
9th May 11, 2020
People v. Sanchez
Penal Code 1170.95 does not apply to defendants convicted of voluntary manslaughter, it only provides relief for first degree murder convictions.
Criminal Law and Procedure 4DCA/2 May 11, 2020
Modesto Irrigation Dist. v. Tanaka
Conveyance to defendant's great-grandfather conveyed riparian rights; thus, she had the rights to divert water from river.
Real Property 3DCA May 11, 2020
California Dept. of Tax and Fee Administration v. Superior Court (Kintner)
Government Code Section 11350 does not create exemption to Article XIII, Section 32 of California Constitution's requirement that taxpayers pay tax before they can challenge its assessment.
Tax 2DCA/2 May 11, 2020
Kurtz-Ahlers, LLC v. Bank of America N.A.
Trial court properly granted nonsuit for negligence claim against bank because banks have no duty to monitor customer accounts for fraud.
Torts 4DCA/3 May 11, 2020
U.S. v. Sineneng-Smith
Ninth Circuit abused its discretion when it took over the appeal and decided that 8 U.S.C. Section 1324(a) was unconstitutionally overbroad even though contrary theory was presented.
Constitutional Law USSC May 8, 2020