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Modification: I.C. v. Compton Unified School District
Substantial evidence supported defense verdict on school district's liability after plaintiff suffered an injury as a result of a teacher's attempt to break up a fight.
Torts 2DCA/8 Feb. 20, 2025
U.S. v. Pheasant
Statute granting Secretary of the Interior broad discretion to adopt regulations regarding public lands was constitutional because Congress provided an intelligible principle to guide the Secretary's rulemaking.
Constitutional Law, Administrative Agencies 9th Feb. 20, 2025
Amended Opinion: Magana-Magana v. Bondi
Ninth Circuit had jurisdiction to review whether a non-citizen showed "extraordinary circumstances" to waive the one-year motion-to-reopen deadline under the Violence Against Women Act (VAWA).
Immigration 9th Feb. 20, 2025
Lin v. Board of Directors of PrimeCare Medical Network
Because medical board of directors was not composed of licentiates, it exceeded its authority under Business and Professions Code Section 809.05 in reversing peer review committee's decision to lift doctor's suspension.
Health Care 4DCA/1 Feb. 20, 2025
Sandhu v. Board of Administration of CalPERS
Despite a contract's terms to the contrary, the "right to control" dictated whether an individual was a common law employee in violation of CalPERS.
Employment Law 3DCA Feb. 19, 2025
Bunker v. Superior Court (People)
Criminal defendant was statutorily entitled to automatic bail review hearing within five days of the original order despite any other circumstances.
Criminal Law and Procedure 4DCA/2 Feb. 19, 2025
Lovelace v. Superior Court (People)
Prosecutor's use of California Court Rule 4.421(c) "circumstances in aggravation" to pursue allegations of defendant's "similar prior conduct," was unconstitutional.
Criminal Law and Procedure, Constitutional Law 1DCA/4 Feb. 19, 2025
John Doe v. Grindr, Inc.
Section 230 of the Communications Decency Act shielded defendant App from plaintiff's tort and sex trafficking claims, which sought to treat App as a publisher or speaker of third-party content.
Cyber Law, Commercial Law 9th Feb. 19, 2025
Amended Opinion: Aleman-Belloso v. Bondi
Mischaracterization of claimed social group and failure to analyze government's role in alleged past persecution required remand to determine whether petitioner was eligible for asylum.
Immigration 9th Feb. 19, 2025
Bemore v. Superior Court (People)
Under the Racial Justice Act, trial court abused its discretion in appointing Public Defender whose actions diametrically opposed Defendant's goal of appointment of private attorneys.
Criminal Law and Procedure 4DCA/1 Feb. 19, 2025
Western States Petroleum Ass'n. v. California Air Resources Board
California Air Resources Board had the authority to set emissions standards for berthed vessels that would require technology that did not yet exist but was achievable by the compliance deadline.
Administrative Agencies 2DCA/7 Feb. 18, 2025
People v. Lawson
Defendant failed to establish by a preponderance that trial court acted with racial animus in violation of the Racial Justice Act.
Criminal Law and Procedure 2DCA/1 Feb. 18, 2025
Modification: Town of Apple Valley v. Apple Valley Ranchose Water
Trial court erred in applying the wrong burden of proof and standard of review in deciding public utility could acquire private water utility system within its boundaries through eminent domain.
Water Rights 4DCA/2 Feb. 18, 2025
People v. Lara
Upon resentencing, two attempted murder counts could be redesignated as count of shooting at inhabited dwelling and count of assault with firearm, but uncharged non-target offenses could not be added.
Criminal Law and Procedure 2DCA/8 Feb. 18, 2025
Chai v. Velocity Investments, LLC
Nothing in the Fair Debt Buying Practices Act conditions a consumer's right to sue for statutory damages on suffering an injury in fact or the availability of actual damages.
Consumer Law 6DCA Feb. 18, 2025
Litekyan v. U.S. Dept. of the Airforce
Plaintiff nonprofit had standing to challenge U.S. Air Force's hazardous waste disposal operations in important natural and cultural site in Guam.
Environmental Law, Civil Procedure 9th Feb. 14, 2025
Amended Opinion: Kalulu v. Bondi
Immigration Judge's determination that Zambian lesbian's claims of future persecution lacked credibility was supported by substantial evidence.
Immigration 9th Feb. 14, 2025
Advanced Integrative Medical Science Institute v. U.S. Drug Enforcement Administration
DEA denying request to exempt physician from registering to use psilocybin in treatment was not arbitrary or capricious because the agency sufficiently explained the reasons for its denial.
Administrative Agencies 9th Feb. 14, 2025
Murillo-Chavez v. Bondi
Lawful permanent resident was ineligible for cancellation of removal because he had been convicted in state court of a crime involving moral turpitude within seven years of admission.
Immigration 9th Feb. 14, 2025
In re L.G.
Gun discovered during an illegal search should have been suppressed where police lacked a particularized and objective basis for believing the suspect was breaking the law when they detained him.
Criminal Law and Procedure 2DCA/8 Feb. 13, 2025
Skouti v. Franchise Tax Board
Plaintiffs could not benefit from tax code provision that permits nonrecognition of gain from involuntary conversions of property because their new orchard did not constitute an eligible replacement property.
Tax 3DCA Feb. 13, 2025
Pulse Technology Consulting Group v. Skowron & Bunning
Contract specifically provided for recovery of attorney fees even though it only stated that the prevailing party was entitled to recover "all third-party costs" associated with collecting overdue invoices.
Contracts, Attorneys 3DCA Feb. 13, 2025
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 Feb. 13, 2025
People v. Taylor
Provocative act doctrine did not support denying resentencing petition where there was no finding the petitioner acted with the requisite mens rea for an implied malice theory of murder.
Criminal Law and Procedure 5DCA Feb. 13, 2025
Lapadat v. Bondi
Board of Immigration Appeals erred in concluding that asylum petitioners' experiences did not rise to the level of persecution and that the Roma are not a disfavored group in Romania.
Immigration 9th Feb. 13, 2025
Thai v. County of Los Angeles
Law enforcement officers assigned to a joint federal-state task force implemented by federal law and supervised by a federal agent were operating under federal, rather than state, law.
Civil Rights 9th Feb. 13, 2025
Modification: Baca v. Kuang
A commercial landlord consented to a month-to-month tenancy by accepting multiple months of rent following the expiration of a notice to terminate tenancy.
Real Property 1DCA/5 Feb. 12, 2025
Optronic Technologies, Inc. v. Celestron Acquisition, LLC
Allegations that defendant paid invoices to judgment debtor before they were do and with knowledge of the judgment were sufficient to support a claim for common law fraudulent transfer.
Commercial Law 2DCA/4 Feb. 12, 2025
Plantations at Haywood 1, LLC v. Plantations at Haywood, LLC
Sanctions were proper against counsel who filed a frivolous opposition to motion to confirm an arbitration award, and counsel's meritless appeal warranted further sanctions.
Arbitration, Attorneys 4DCA/3 Feb. 12, 2025
K.J. v. Jackson
School officials who failed to give a student the opportunity to explain himself following a new charge in connection with a previous incident were not eligible for qualified immunity.
Qualified Immunity, Constitutional Law 9th Feb. 12, 2025