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U.S. v. Wijegoonaratna
During closing arguments, prosecutors may make reasonable inferences based on the evidence presented at trial; thus, the district court did not err in denying defendant's allegation of prosecutorial misconduct.
Criminal Law and Procedure 9th Apr. 29, 2019
B.K. v. Snyder
Where court can assess 'statewide policies and practices' as to Arizona's care of foster children, general class of foster children claiming due process violations suitable for certification.
Civil Procedure 9th Apr. 29, 2019
Chun v. Del Cid
A property does not qualify as a single-family exemption under LAMC Section 12.03 if it does not fit the meaning of a detached dwelling and contains more than one dwelling unit.
Real Property 2DCA/4 Apr. 29, 2019
SPRAWLDEF v. Dept. of Resources Recycling and Recovery
Plaintiff was not prejudiced by closed rather than open sessions when plaintiff failed to object and points were documented in a hearing transcript and explained in a written decision.
Government 3DCA Apr. 26, 2019
Strouse v. Webcor Construction
CACI No. 1009B's use of substantial-factor-causation rather than "affirmative contribution" causation did not prejudice defendant, and any perceived error regarding the jury instruction was harmless.
Employment Law 1DCA/3 Apr. 26, 2019
People v. Martinez
CALCRIM No. 334 was improperly given in the trial court's instructions; however, there is no reasonable likelihood that the jury misunderstood that each element of the crime charged must be proven beyond a reasonable doubt.
Criminal Law and Procedure 2DCA/6 Apr. 26, 2019
People v. Mazumder
Under Penal Code Section 851.8, an existing conviction precludes a defendant from obtaining a petition for a finding of factual innocence and the sealing and destruction of arrest records.
Criminal Law and Procedure 4DCA/3 Apr. 26, 2019
Melendez v. S.F. Baseball Associates LLC
Where dispute concerns meaning of state labor statute and requires, at most, court to 'look at' collective bargaining agreement, suit not preempted by Labor Management Relations Act.
Labor Law CASC Apr. 26, 2019
Oregon Natural Desert Association v. Rose
The substantive challenges to plan issued by Bureau of Land Management could not be reached under other acts because it was procedurally deficient under the National Environmental Policy Act.
Environmental Law 9th Apr. 26, 2019
NTCH-WA, Inc. v. ZTE Corporation
Preclusive effects of a prior federal diversity judgment confirming an arbitration award are determined by reference to the law of the state where the rendering court sat.
Civil Procedure 9th Apr. 26, 2019
Emmons v. City of Escondido
Where cited cases are not 'sufficiently similar' to place 'constitutional question beyond dispute,' qualified immunity must be granted to law enforcement officer.
Qualified Immunity 9th Apr. 26, 2019
Lamps Plus, Inc. v. Varela
Ambiguity as to classwide arbitration in employment contract 'does not provide sufficient basis to conclude' parties agreed to decide classwide matters in arbitration, notwithstanding state contract law principles.
Arbitration USSC Apr. 25, 2019
People v. Rodriguez
After criminal proceedings are completed, a court may order reimbursement of attorney fees only after giving the defendant notice and an opportunity to be heard on the issue of his ability to pay.
Criminal Law and Procedure 2DCA/3 Apr. 25, 2019
SSL Landlord v. County of San Mateo
County Assessment Appeals Board's findings enabled reviewing court to trace and examine the agency's mode of analysis; thus, plaintiff not entitled to attorney fees under Revenue and Taxation Code Section 1611.6.
Tax 1DCA/3 Apr. 25, 2019
Poncio v. Dept. of Resources Recycling and Recovery
CalRecycle's revocation of a probationary certificate was valid after a recycling center's managing employee attempted to provide something of value to a CalRecycle auditor after providing records.
Administrative Agencies 3DCA Apr. 25, 2019
Mills v. City of Covina
A conviction or judgment that has been reversed on appeal and vacated lacks preclusive effect and cannot serve as collateral estoppel in a later proceeding.
Civil Rights 9th Apr. 25, 2019
Malibu Textiles v. Label Lane Int'l
Because plaintiff successfully pled striking similarity in its copyright infringement claim against defendants, the district court erred in dismissal.
Copyright 9th Apr. 25, 2019
Californians for Renewable Energy v. CPUC
A utility using a qualifying facility's energy to meet a Renewables Portfolio Standard (RPS) may not calculate avoided cost based on energy sources that do not also meet the RPS.
Utilities 9th Apr. 25, 2019
Rojas v. FAA
The FAA did not show that it conducted a search reasonably calculated to uncover all relevant documents in response to plaintiff's request; thus, the district court erred in granting summary judgment.
Government 9th Apr. 25, 2019
Knighton v. Cedarville Rancheria of NPI
Tribal court had jurisdiction to hear claims which arose from conduct committed by nonmember on tribal lands due to tribe's inherent sovereign powers to exclude nonmembers from tribal land and protect self-government.
Native American Affairs 9th Apr. 25, 2019
U.S. v. Rodriguez
In 18 U.S.C. Section 3582(c)(2) sentence reduction proceedings, the court must determine the drug quantity attributable to the defendant and may conduct supplemental fact-finding if necessary to make this determination.
Criminal Law and Procedure 9th Apr. 25, 2019
Emulex Corp. v. Varjabedian
Order
USSC Apr. 24, 2019
Oxford Preparatory Academy v. Edlighten Learning Solutions
Trial court erred in denying petition to compel arbitration because subsequent termination agreement did not supersede the arbitration clause in the prior agreement.
Contracts 4DCA/3 Apr. 24, 2019
County of San Diego Dept. of Child Support Services v. C.A.
Under Family Code Section 3951(a), parent is not obligated to compensate relative for voluntary support of parent's child, but once relative has legal physical custody, support is no longer voluntary.
Family Law 4DCA/1 Apr. 24, 2019
Western Watersheds Project v. Grimm
Plaintiffs alleging procedural injury need only show they have a procedural right that, if exercised, even if only on a temporary basis, could protect their concrete interests.
Civil Procedure 9th Apr. 24, 2019
Lopez-Aguilar v. Barr
Although Oregon Revised Statutes Section 164.395 incorporates theft by deception and generic theft does not, it was merely theoretical that Oregon would prosecute such conduct; thus, it qualified as categorical theft offense.
Immigration 9th Apr. 24, 2019
Acosta v. City National Corp.
Additional offsets from a self-dealing damages award will not be awarded when the party seeking offsets cites estimated or average expenses incurred rather than adequate records of actual expenses.
Employment Law 9th Apr. 24, 2019
Redlin v. U.S.
If a second claim is deemed to be an amendment, it is untimely if it was mailed after an agency's final decision; thus the district court did not err in dismissing the action.
Torts 9th Apr. 24, 2019
John Doe v. Westmont College
College deprived student of fair hearing when Student Conduct Panel credited certain portions of nontestifying witnesses' statements based solely on investigative reports in finding student committed sexual assault.
Constitutional Law 2DCA/6 Apr. 24, 2019
Bostock v. Clayton County, GA
Order
USSC Apr. 23, 2019