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California Healthcare & Rehabilitation Center et al. v. Baass et al.
Traditional writ of mandate was an appropriate vehicle for challenges to formula for calculating Medi-Cal reimbursement overpayments.
Civil Procedure, Administrative Agencies 3DCA Mar. 12, 2025
Glickman v. Krolikowski
Discovery referee allocating referee fees unequally did not constitute a "monetary sanctions order" for the purposes of appealability.
Civil Procedure 4DCA/3 Mar. 11, 2025
In re M.V.
Juvenile court did not abuse its discretion when it terminated parental rights despite court-appointed parental bonding expert's opinion against termination.
Family Law 2DCA/8 Mar. 11, 2025
Jensen v. Brown
Complaint alleging a First Amendment retaliation claim from a community college professor voicing concerns about a curriculum policy change was properly pleaded.
Constitutional Law 9th Mar. 11, 2025
Uber Technologies, Inc. v. United States Judicial Panel on Multidistrict Litigation
Centralization of litigation was neither legal error nor an abuse of discretion where common issues of fact existed, and centralization was convenient and efficient for the parties and the courts.
Civil Procedure 9th Mar. 11, 2025
People v. Olmos
Defendant's 33-years-to-life sentence failed to meet Penal Code Section 1170(d)(1)(A)'s functional equivalent sentencing requirement of life without the possibility of parole.
Criminal Law and Procedure 2DCA/5 Mar. 11, 2025
People v. Terwilligar
Three Strikes Reform Act did not apply in Section 1172.75 resentencing to reduce indeterminate life term, despite the third strike not being a serious or violent felony.
Criminal Law and Procedure 1DCA/5 Mar. 11, 2025
Mandell-Brown v. Novo Nordisk Inc.
Failure to provide an opposing statement or any excuse for not doing so was sufficient grounds for granting defendant's summary judgment motion on FEHA and Labor Code claims.
Civil Procedure, Employment Discrimination 2DCA/5 Mar. 10, 2025
In re J.F.
A conditional affirmance of a legal guardianship order sufficiently preserved parental rights and allowed father to remain a party to the proceeding, making a conditional reversal unnecessary.
Dependency, Native American Affairs 2DCA/5 Mar. 10, 2025
Hudnall v. Dudek
Despite existing contrary precedent, rejecting lay evidence regarding disability claim without providing germane reasons was plainly not erroneous under new regulations adopted by Commissioner of Social Security regarding such evidence.
Administrative Agencies 9th Mar. 10, 2025
People v. Copeland
Under Penal Code Section 136.1(a)(2), which criminalizes dissuading a witness, the statutory definition of "witness" did not encompass potential future witnesses to civil disputes.
Criminal Law and Procedure 4DCA/1 Mar. 10, 2025
Modification: Civil Rights Dept. v. Cathy's Creations
Bakery's design standard permitting sales of wedding cakes only for use in heterosexual weddings violated the Unruh Civil Rights Act.
Civil Rights 5DCA Mar. 7, 2025
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. 7, 2025
Farmers Direct Property and Casualty Insurance Co. v. Montez
The amount in controversy in insurer's action was not controlled by the insurance policy's limit because insurer could be liable for more than that limit.
Civil Procedure, Insurance 9th Mar. 7, 2025
Modification: Wash v. Banda-Wash
Because a remittitur is not served on parties, defendant's motion for her attorney fees and costs was ineligible for statutory extension for service and the request deemed untimely.
Civil Procedure 5DCA Mar. 6, 2025
Ratha v. Rubicon Resources, LLC
Order
9th Mar. 6, 2025
Department of State v. AIDS Vaccine Advocacy Coalition
Order
USSC Mar. 6, 2025
Bufkin v. Collins
Determining whether veterans' disability benefits' claims' denial was in "approximate balance" under the benefit-of-the-doubt rule, necessitated only assessment of mostly factual issues for clear error.
Veterans' Affairs USSC Mar. 6, 2025
U.S. v. Steinman
Thirty-minute-long traffic stop was not unreasonably prolonged where officer questioned defendant while writing the citation and waiting for the criminal history check.
Criminal Law and Procedure, Evidence 9th Mar. 6, 2025
Hartzell v. Marana Unified School Dist.
Summary judgment on First Amendment retaliation claim was not appropriate where jury could have concluded school district banned parent from school property for criticizing administrator rather than alleged disruptive conduct.
Constitutional Law 9th Mar. 6, 2025
Herren v. George S.
Elder Abuse Act restraining order was upheld where evidence fully supported that attorney used undue influence to obtain a $100,000 retainer fee agreement from medically-incompetent elder.
Trust and Estates, Attorneys 1DCA/3 Mar. 5, 2025
Politsch v. Metroplaza Partners, LLC
Trial court did not abuse discretion when its decision to vacate default judgment based on Defendant's mistake was well-supported and analyzed.
Civil Procedure 2DCA/8 Mar. 5, 2025
Kim v. New Life Oasis Church
Issue preclusion prevented attorney from relitigating validity of lien on real property securing attorney's fees because he was in privity with party to first litigation that necessarily decided the issue.
Civil Procedure, Attorneys 2DCA/8 Mar. 5, 2025
City and County of San Francisco v. Environmental Protection Agency
The Environmental Protection Agency is not authorized to include "end-result" provisions in its National Pollutant Discharge Elimination System permits.
Environmental Law USSC Mar. 5, 2025
Gopher Media LLC v. Melone
Order
9th Mar. 5, 2025
U.S. v. Bowers
Defendant could not invoke the jury provision in Article III of the Constitution during a supervised release revocation hearing.
Criminal Law and Procedure, Constitutional Law 9th Mar. 5, 2025
State of Montana v. Talen Montana, LLC
District court correctly applied "navigable in fact" test to quiet title for the U.S in decades-long dispute with Montana regarding ownership of riverbeds along the Missouri River.
Government 9th Mar. 5, 2025
Day v. Henry
Statutes requiring retailers wishing to ship liquor directly to consumers maintain a physical location managed by a resident were not discriminatory because it applied equally to in-state and out-of-state companies.
Constitutional Law 9th Mar. 5, 2025
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. 4, 2025
Ryan v. County of Los Angeles
Publicly operated health facilities are subject to Health and Safety Code Section 1278.5 whistleblower claims.
Government 2DCA/3 Mar. 4, 2025