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People v. Clymer
Warrantless search of decedent's electronic devices did not violate CalECPA where law enforcement accessed devices with the decedent's parents' permission who had physical possession of the devices and their passcodes.
Criminal Law and Procedure 1DCA/1 Dec. 5, 2024
Schneider v. Lane
Civil Code Section 845 did not obligate easement owner to construct a riverbank stabilization project separate from the right-of-way to protect the easement road from risk of the riverbank's future erosion.
Real Property 3DCA Dec. 4, 2024
JHVS Group, LLC v. Slate
Trial court's preliminary injunction was void based upon a lack of fundamental jurisdiction over two individual defendants who were never served.
Civil Procedure 5DCA Dec. 4, 2024
Trujillo v. J-M Manufacturing Co., Inc.
Code of Civil Procedure Section 1281.98's late fee arbitration waiver does not apply to parties who make post-dispute stipulations to arbitrate.
Arbitration 2DCA/8 Dec. 4, 2024
Windy Cove Inc. v. Circle K Stores Inc.
A gasoline wholesaler set its fuel supply contract prices in good faith where at least one refiner sold gasoline at a higher price.
Commercial Law 9th Dec. 4, 2024
Atkins v. Bean
Nevada Supreme Court reasonably denied petitioner's claim that trial counsel was ineffective for failing to investigate and present additional mitigating and social history evidence.
Habeas Corpus 9th Dec. 3, 2024
Matsumoto v. Labrador
The "recruiting" prong of Idaho's abortion trafficking statute prohibited too broad a swath of protected speech and was deemed unconstitutional.
Constitutional Law 9th Dec. 3, 2024
In re Nguyen
The difference in how the Department of Corrections and Rehabilitation applies award credits against an inmate's minimum eligible parole date and youth parole eligible date does not violate equal protection.
Criminal Law and Procedure 2DCA/3 Dec. 2, 2024
J.K.J. v. City of San Diego
Order
9th Dec. 2, 2024
Rabadi v. U.S. Drug Enforcement Administration
Removal protections under 5 U.S.C. Section 7521 are constitutional, as applied to Drug Enforcement Administration Administrative Law Judges.
Administrative Agencies 9th Dec. 2, 2024
U.S. v. King County
County-level executive order to ensure its airport's fixed base operators could no longer service Immigration and Custom Enforcement deportation flights violated the intergovernmental immunity doctrine.
Constitutional Law 9th Dec. 2, 2024
Blackman v. Cisneros
Because federal prisoner failed to demonstrate that his mental impairment was a but-for cause of untimely federal habeas petition, equitable tolling was unjustifiable.
Criminal Law and Procedure 9th Dec. 2, 2024
People v. Multani
Trial court properly denied prisoner's compassionate release request because there was no evidence of cancer's progression, therefore no longer meeting end-of-life trajectory requirement.
Criminal Law and Procedure 2DCA/3 Nov. 29, 2024
People v. Dowdy
Section 1385's mitigating circumstances for striking enhancements do not apply to motions to dismiss prior strikes under the Three Strikes law.
Criminal Law and Procedure 1DCA/5 Nov. 29, 2024
People v. Canales
In reciting CALCRIM No. 252 to jury, though trial court erred in instructing jury that offense of continuous sexual abuse was a "general intent" crime, the error was harmless.
Criminal Law and Procedure 2DCA/8 Nov. 27, 2024
Murphy v. City of Petaluma
Paramedics did not assume a duty of care to provide a plaintiff with medical assistance she repeatedly declined.
Torts 1DCA/1 Nov. 27, 2024
Hawaii Disability Rights Center v. Kishimoto
Hawaii Disability Rights Center was required to administratively exhaust its IDEA claim, but not its claims under the ADA, Rehabilitation Act, or Medicaid Act.
Disability Discrimination, Education 9th Nov. 27, 2024
Yaffee v. Skeen
Reversal required where inadmissible evidence of reasonable value of medical services received by insured plaintiff may have resulted in recovery of amounts paid by neither the plaintiff nor his insurer.
Remedies, Torts 3DCA Nov. 27, 2024
C.C. v. L.B.
Sperm donor lacked standing to seek presumed parent status under Family Code Section 7611 because he knowingly consented to terminating his parental rights.
Family Law 2DCA/6 Nov. 27, 2024
Rehearing: Friends of the South Fork Gualala v. Dept. of Forestry & Fire Protection
Trial court did not err in denying seventh disability accommodation request for counsel due to the statutory mandate that CEQA cases be determined quickly.
Civil Procedure, Environmental Law 1DCA/4 Nov. 26, 2024
Slone v. El Centro Regional Medical Center
Appellant's failure to fairly summarize facts in his opening brief resulted in him waiving his claims that insufficient evidence supported the trial court's findings.
Civil Procedure 4DCA/1 Nov. 26, 2024
In re Juan A.
Juvenile court should have continued teenage dependent's permanent placement service hearing so that dependent could be present at the hearing.
Dependency 2DCA/1 Nov. 26, 2024
Baker v. City of McKinney
Order
USSC Nov. 26, 2024
Juarez v. San Bernardino City Unified School District
School district was liable for actions an off-duty school district officer took where he identified himself as an officer and exercised his authority to demand that plaintiff turn over a found cell phone.
Torts 4DCA/1 Nov. 26, 2024
Modification: Mercado v. Superior Court (Wolf)
Granting vocational evaluations orders requires a showing that the evaluation would be in the children's best interests and that the other party has the ability and opportunity to earn income.
Family Law 4DCA/3 Nov. 26, 2024
Ofek Rachel, Ltd. v. Zion
In post-judgment enforcement proceedings, trial courts may impose attorney's fees against a nonparty for failure to comply with the court's order.
Civil Procedure 2DCA/2 Nov. 25, 2024
Smith v. Magic Mountain LLC
Plaintiff was not entitled to jury instructions regarding common carriers' heightened duty of care because the evidence showed she had not yet placed herself in the amusement park's control.
Torts 2DCA/2 Nov. 25, 2024
Gonzalez v. Interstate Cleaning Corp.
A mall that complied with rigorous, regular maintenance procedures lacked constructive notice of a dangerous condition--a spilled pile of oranges on the floor.
Torts 4DCA/2 Nov. 25, 2024
Mercado v. Superior Court (Wolf)
Granting vocational evaluations orders requires a showing that the evaluation would be in the children's best interests and that the other party has the ability and opportunity to earn income.
Family Law 4DCA/3 Nov. 25, 2024
In re: Saldana v. Bronitsky
Voluntary contributions to employer-managed retirement plans do not constitute disposable income in Chapter 13 bankruptcy.
Bankruptcy 9th Nov. 25, 2024