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Great Oaks Water Co. v. Santa Clara Valley Water Dist.
Charges levied against water retailer were not taxes under California Constitution because they fell under an exception for specific benefits conferred to a payor not provided to those not charged.
Tax, Utilities 6DCA Apr. 2, 2025
Modification: American Federation of State, County and Municipal Employees v. City of Los Angeles
No constitutional violation where suspended terms of a reciprocal retirement benefits arrangement between a utility and City of Los Angeles did not involve vested rights.
Government 2DCA/7 Mar. 31, 2025
Modification: Montoya v. Superior Court (Fowler)
Burden of proof may be shifted to defendant doctor when the CT scan he delayed in ordering was crucial to establishing medical negligence causation.
Torts, Civil Procedure 4DCA/3 Mar. 31, 2025
Modification: Catholic Medical Mission Bd. v. Bonta
Trial court abused its discretion in issuing permanent injunction against Attorney General's enforcement of consumer protection statute without analyzing injunction's necessity.
Remedies 2DCA/7 Mar. 31, 2025
Spirit of Aloha Temple v. County of Maui
Nonprofit church's claim that County of Maui substantially burdened its exercise of religion in denying special use permit was a legal question for court, not jury, to decide.
Constitutional Law 9th Mar. 31, 2025
Bigfoot Ventures Limited v. Knighton
Plaintiff could not adequately represent shareholders in derivative action that appeared to be waged as leverage in other litigation between the parties.
Civil Procedure, Corporations 9th Mar. 31, 2025
People v. Griggs
A judge's order recalling defendant's sentence and assigning the matter for resentencing under Penal Code Section 1172.1 is not appealable.
Criminal Law and Procedure 3DCA Mar. 28, 2025
U.S. v. Holcomb
Search warrant provision allowing for seizure of information displaying defendant's "dominion and control" over defendant's computer files was invalid as overbroad and insufficiently particular.
Criminal Law and Procedure 9th Mar. 28, 2025
Osheske v. Silver Cinemas Acquisition Co.
Selling tickets to in-person movie screenings is not engaging in the rental, sale, or delivery of audiovisual materials within the meaning of the Video Privacy Protection Act.
Consumer Law 9th Mar. 28, 2025
Cleveland Nat. Forest Foundation v. County of San Diego
San Diego County's "thresholds of significance," used for assessing the environmental impact of land-use projects, were unsupported by substantial evidence.
Environmental Law 4DCA/1 Mar. 28, 2025
Kazelka v. California Dept. of Motor Vehicles
Trial court erred in excluding preliminary alcohol screening test results from administrative hearing based on officer's failure to provide admonition.
Administrative Agencies 1DCA/3 Mar. 28, 2025
Ballesteros v. Ford Motor Co.
Defendant Ford Motor, as nonsignatory to financing contract, could not compel arbitration where plaintiff's claims were based on Song-Beverly Act warranties and no inequitable results would occur from denying arbitration.
Arbitration, Consumer Law 1DCA/5 Mar. 27, 2025
In re J.D.
Because juvenile's theft and assault charges were separate and distinct despite occurring within 30 minutes of each other, *Kellett* bar against multiple prosecutions was inapplicable.
Criminal Law and Procedure, Juveniles 2DCA/6 Mar. 27, 2025
Bondi v. Vanderstok
Bureau of Alcohol, Tobacco, Firearms and Explosives rule interpreting the Gun Control Act to cover "ghost gun" kits and unfinished gun frames or receivers is not facially inconsistent with the Act.
Administrative Agencies USSC Mar. 27, 2025
U.S. v. Miller
Waiver of sovereign immunity regarding provisions of the Bankruptcy Code did not waive immunity for state-law claims nested within a claim to avoid fraudulent transfer under 11 U.S.C. Section 544(b).
Bankruptcy USSC Mar. 27, 2025
SDVF, LLC V. Cozzia USA LLC
Registered judgment relied on underlying judgment for its enforceability, and vacatur of that underlying judgment meant the registered judgment could not be enforced.
Civil Procedure, Remedies 9th Mar. 27, 2025
Napouk v. Las Vegas Metropolitan Police Dept.
Order
9th Mar. 27, 2025
People v. Cabada
Remand was unnecessary where jury would have found aggravating factors true beyond a reasonable doubt if presented to them, and trial court indicated it would not have imposed lesser sentence.
Criminal Law and Procedure 2DCA/6 Mar. 26, 2025
In re H.M.
Social service's and juvenile court's duty of further inquiry was met when they continually followed through with all prospects to determine minor's potential Native American ancestry.
Dependency, Native American Affairs 5DCA Mar. 26, 2025
Thompson v. United States
Section 1014 violations for false statements to a federal loan or credit agency do not include misleading statements.
Criminal Law and Procedure, Banking USSC Mar. 24, 2025
Delligatti v. United States
Knowing or intentional causation of injury necessarily involves the use of physical force, by act or omission, against another and is a crime of violence for 18 U.S.C. Section 924.
Criminal Law and Procedure USSC Mar. 24, 2025
Pizzuto v. Tewalt
District court properly granted death row inmate's discovery requests regarding the protocol, manufacturing, and origin of Idaho's execution drugs.
Prisoners' Rights, Constitutional Law 9th Mar. 24, 2025
C.T. v. Superior Court (K.W.)
Although neither child nor child's parents still resided in California, trial court that had rendered temporary custody determination retained continuing and exclusive jurisdiction over such matters until fully adjudicated.
Family Law 1DCA/4 Mar. 24, 2025
Estate of St. John v. Schaeffler
Out-of-possesion landlord had no duty of care to decedent when landlord had no actual knowledge of the dangerous condition: failure to fence-in a 300-pound pig.
Real Property, Torts 2DCA/5 Mar. 25, 2025
K.T. v. E.S.
Good cause existed to extend domestic violence restraining order to include children as protected parties where evidence showed the enjoined party had abused the requesting party in the children's presence.
Family Law 2DCA/8 Mar. 25, 2025
Modification: Jackson v. Superior Court (People)
Statistical and other evidence was sufficient to entitle defendant to evidentiary hearing on whether there was a violation of the Racial Justice Act due to officers' implicit bias.
Criminal Law and Procedure 4DCA/1 Mar. 25, 2025
Drury v. Ryan
Trial court's refusal to allow negligence per se jury instruction was reversible error where defendant's traffic violation led to collision.
Torts, Evidence 4DCA/3 Mar. 25, 2025
People v. Nguyen
Defendants' petition for resentencing was remanded, as trial court did not appear to realize that it had discretion dismiss the special circumstances allegation attached to their murder charges.
Criminal Law and Procedure 4DCA/3 Mar. 25, 2025
Suchard v. Sonoma Academy
Dismissal was appropriate for class action unfair competition claim against school that purportedly retained teachers with abuse history where named plaintiffs failed to articulate an economic harm.
Education, Consumer Law 1DCA/3 Mar. 25, 2025
Hoffman v. Westcott
Order
USSC Mar. 25, 2025