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Loffman v. California Dept. of Education
The Individuals with Disabilities Education Act violated the Free Exercise Clause of the Constitution by limiting access to benefits to those who attended nonsectarian educational institutions.
Constitutional Law, Education 9th Oct. 29, 2024
North American Title Company v. Superior Court (Cortina)
Statement of disqualification alleging judicial bias must be presented at the earliest practicable opportunity after discovery of facts constituting grounds, and failure to do so is forfeiture of the right.
Judges, Civil Procedure CASC Oct. 29, 2024
Reich v. Reich
Because IRAs are nonprobate transfers, decedent's widow was not entitled to omitted spouse's share of decedent's IRA whose beneficiaries were separate trusts created by the decedent's testamentary trust.
Trust and Estates 2DCA/2 Oct. 28, 2024
Richard v. Union Pacific Railroad Co.
Exclusion of expert testimony was error where the witness had experience and knowledge operating trains on tracks where accident occurred that could have assisted the jury in making its determination.
Evidence 2DCA/3 Oct. 28, 2024
U.S. v. Shih
The higher base offense level for a violation of the International Emergency Economic Powers Act was appropriate to use in sentencing an individual who exported monolithic microwave integrated circuits for a Chinese military weapons developer.
Criminal Law and Procedure, International Law 9th Oct. 28, 2024
People ex rel. Bonta v. County of Lake
Environmental impact report insufficiently disclosed information regarding increased wildfire risks, as required by the California Environmental Quality Act.
Environmental Law 1DCA/4 Oct. 25, 2024
People v. Royal
Arson's malice requirement was met where defendant caused a fire while manufacturing a controlled substance.
Criminal Law and Procedure 1DCA/2 Oct. 25, 2024
Price v. Superior Court (People)
Petitioner who previously had been found suitable for conditional release under Sexually Violent Predator Act was entitled to appointment of experts to assist him when his suitability faced reconsideration.
Criminal Law and Procedure 3DCA Oct. 25, 2024
People v. Ocobachi
Grand jury transcripts were not admissible in a resentencing hearing where defendant did not participate in the grand jury proceedings.
Criminal Law and Procedure 2DCA/2 Oct. 25, 2024
Bath v. State of California
State employees' contract claim against the State survived demurrer because right to receive compensation for completed work ripened into Constitutionally-protected contractual rights.
Government, Employment Law 1DCA/2 Oct. 25, 2024
Modification: Wentworth v. Regents of the University of California
Trial court erred in granting summary adjudication to U.C. Berkeley assistant professor's invasion of privacy claim.
Employment Law 1DCA/4 Oct. 25, 2024
CPC Patent Technologies PTY Ltd. v. Apple
District court's order permitting discovery for use in a foreign proceeding was not final and could not be appealed because the order's scope remained undetermined.
Civil Procedure, Patent Law 9th Oct. 25, 2024
Santa Clarita Organization for Planning v. County of Los Angeles
Despite involving California Environmental Quality Act violations, environmental groups' claim questioning County's approval of project's tentative tract map fell within the Subdivision Map Act's requirement for serving summons.
Environmental Law, Real Property 2DCA/7 Oct. 24, 2024
Corpeno-Romero v. Garland
Board of Immigration Appeals erred by failing to consider the existence and impact of gang's specific and credible threats towards asylum seekers.
Immigration 9th Oct. 24, 2024
Al Otro Lado v. Mayorkas
Noncitizens refused processing under border "metering" policy after presenting themselves at ports of entry were entitled to relief because border officials withheld a mandatory duty to inspect them for admissibility.
Immigration 9th Oct. 24, 2024
Committee to Recall Dan Holladay v. Wiley
Order
9th Oct. 24, 2024
Lerner & Rowe PC v. Brown Engstrand & Shely LLC
Plaintiff's trademark infringement claim was precluded by its failure to support that defendant's use of plaintiff's registered name as a Google Ads keyword caused more than de minimis confusion.
Intellectual Property 9th Oct. 23, 2024
U.S. v. Le
Defendant was not entitled to a reduced sentence under U.S. Sentencing Guideline Section 2X1.1(b)(2), because the robbery conspiracy's failure was due to circumstances beyond the conspirators' control.
Criminal Law and Procedure 9th Oct. 23, 2024
A.D. Improvements v. Dept. of Transportation
The Streets and Highways Code requiring Caltrans to sell an excess property to its lessor necessitated only that the property be commercial at the time it was deemed excess.
Real Property 4DCA/1 Oct. 23, 2024
People ex rel. Elliott v. Kaiser Foundation Health Plan
Trial court inappropriately exercised judicial discretion over a claim against an insurance provider with a clear statutory violation.
Insurance 4DCA/1 Oct. 23, 2024
Kohn v. State Bar of California
Courts must analyze on a claim-by-claim basis whether Title II of the Americans with Disabilities Act validly abrogates state sovereign immunity as to the specific conduct at issue.
Constitutional Law, Attorneys 9th Oct. 22, 2024
People v. Alazar
Defendant's record of conviction did not conclusively establish Penal Code Section 1172.6 ineligibility where defendant's plea did not admit the truth of any alleged facts.
Criminal Law and Procedure 2DCA/6 Oct. 22, 2024
Pompey v. Bank of Stockton
The "rescission-and-restitution" remedy of the Automobile Sales Finance Act is a penalty and therefore ubject to a one-year statute of limitations.
Remedies 5DCA Oct. 22, 2024
People v. Nuno
The *Brady* duty to disclose material exculpatory evidence applies to discovery motions in a Section 1172.6 resentencing hearing.
Criminal Law and Procedure 6DCA Oct. 21, 2024
Roberson v. Texas
Order
USSC Oct. 21, 2024
Hamlin v. Jendayi
Despite not being trustees or trust beneficiaries, probate court did not err in granting intestate heirs standing to contest trust provisions under Probate Code Section 17200.
Trust and Estates 1DCA/3 Oct. 21, 2024
West Virginia v. EPA
Order
USSC Oct. 18, 2024
In re: Thomas Eugene Creech
Judge should have recused herself due to her relationship with the prosecutor involved in an inmate's allegations of prosecutorial misconduct, as it created the appearance of injustice.
Judges 9th Oct. 18, 2024
Rose Court, LLC v. Select Portfolio Servicing, Inc.
Bankruptcy court properly denied motion to amend under "two-dismissal rule" where plaintiff had previously asserted and voluntarily dismissed proposed claims in previous civil actions.
Civil Procedure, Bankruptcy 9th Oct. 18, 2024
Montejo-Gonzalez v. Garland
Two major car accidents delaying Petitioner, who would have otherwise timely attended her immigration hearing, constituted "exceptional circumstances" meriting a reopening of her case.
Immigration 9th Oct. 18, 2024