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Rodriguez v. Parivar, Inc.
Special verdict was defective because the question posed to the jury--how much plaintiff performed exempt duties--was unduly restrictive and did not resolve every controverted issue.
Employment Law 1DCA/4 Sep. 28, 2022
Environmental Health Advocates, Inc. v. Sream, Inc.
In a Prop 65 case, a bong that could be used to smoke marijuana did not directly expose individuals to cancer-causing chemicals.
Environmental Law 1DCA/2 Sep. 28, 2022
People v. Lopez
Defendant convicted of robbery demonstrated that he would not have accepted plea subjecting him to mandatory deportation because of his deep personal ties to the U.S. and legal inexperience.
Criminal Law and Procedure 2DCA/2 Sep. 28, 2022
De La Rosa-Rodriguez v. Garland
Assuming statutory jurisdiction arguendo, petitioner's claim for cancellation of removal had no merit because his only claim for unusual hardship was based on economic detriment to his children.
Immigration 9th Sep. 28, 2022
Amended Opinion: Kassas v. State Bar of California
Indebtedness arising from a disbarred attorney's obligation to reimburse the State Bar for payments made to victims of the attorney's misconduct is not excepted from bankruptcy discharge.
Bankruptcy 9th Sep. 27, 2022
In re Jane Doe
The 72-hour deadline for considering an aggrieved victim's mandamus petition imposed by the Crime Victims' Rights Act is not a jurisdictional deadline.
Criminal Law and Procedure 9th Sep. 27, 2022
Lara-Garcia v. Garland
Board of Immigration Appeals erred as a matter of law in denying sua sponte reopening because petitioner would have been eligible for relief under Federal First Offender Act had his offense been prosecuted as a federal crime.
Immigration 9th Sep. 27, 2022
The GEO Group v. Newsom
Because Assembly Bill 32 granted virtual power of review to California in regards to privately-operated immigration detention facilities, it violated the Supremacy Clause.
Constitutional Law 9th Sep. 27, 2022
Estate of Douglas
Trial court acted within its discretion when it issued order granting motion to correctly note judgment debtor's capacity as an estate administrator nunc pro tunc to date judgment renewal was entered.
Civil Procedure 3DCA Sep. 26, 2022
Tarrar Enterprises v. Associated Indemnity Corp.
Trial court's decision to sustain insurer's demurrer to insured's original complaint without leave to amend was error even though the complaint did not allege the necessary damage for coverage.
Civil Procedure 1DCA/2 Sep. 26, 2022
San Luis Obispo Coastkeeper v. Santa Maria Valley Water Conservation District
Where statute allowed for dam's construction "for other purposes," it could be read harmoniously with the Endangered Species Act to allow water release for endangered fish's reproductive migration.
Environmental Law 9th Sep. 26, 2022
U.S. v. Wright
Person last holding cash before it was seized was not entitled to its return because the government rebutted the presumption he was entitled to lawful possession of the money.
Criminal Law and Procedure 9th Sep. 26, 2022
Duncan v. Bonta
Order
9th Sep. 26, 2022
U.S. v. Rodriguez
Defendant may be able to show that lawyer's incorrect advice that avoiding immigration removal could be possible was ineffective assistance of counsel depending on importance of immigration consequences to defendant.
Immigration 9th Sep. 26, 2022
Amended Opinion: Velasquez-Samayoa v. Garland
Board of Immigration Appeals erred by failing to assess petitioner's aggregate risk of being tortured where petitioner posited two alternative theories of why he would be tortured if removed.
Immigration 9th Sep. 26, 2022
L.B. v. U.S.
Order
9th Sep. 26, 2022
In Re Hawkeye Entertainment
To assume a lease, a debtor-in-possession must satisfy the provisions of 11 U.S.C. Section 365(b)(1) if there has been any default, even if the default is neither material nor ongoing.
Bankruptcy 9th Sep. 26, 2022
L.A. College Faculty Guild v. L.A. Community College Dist.
Decision not to offer certain remedial courses was not an arbitrable issue because it was a curriculum content decision outside the scope of union representation under the Educational Employment Relations Act.
Education 2DCA/8 Sep. 23, 2022
John/Jane Doe v. McLaughlin
Doe was not entitled to attorneys' fees for his motion to quash a subpoena since the motion was rendered moot by the dismissal of the subpoena by an Illinois court.
Civil Procedure 1DCA/2 Sep. 23, 2022
In re Baby Girl M.
Appeal of jurisdiction findings and disposition order was moot because the only relief the court could provide was to order that welfare department fulfill inquiry obligations under the Indian Child Welfare Act.
Dependency 2DCA/5 Sep. 23, 2022
Almond Alliance of California v. Fish and Game Commission
Order
3DCA Sep. 23, 2022
Spirit of Aloha Temple v. County of Maui
Maui's special use permit guidelines were a prior restraint on church's speech because they gave too much discretion to decisionmaking officials.
Constitutional Law 9th Sep. 23, 2022
Gavriiloglou v. Prime Healthcare Management
Arbitrator's findings regarding an employee's individual claims had no preclusive effect on her representative Private Attorneys General Act claims.
Employment Law 4DCA/2 Sep. 22, 2022
In re R.O.
Juvenile court violated mother's due process rights to adequate notice and the opportunity to be heard by conducting an uncontested jurisdictional hearing in her absence.
Dependency 3DCA Sep. 22, 2022
Vo v. Choi
Where district court provided analysis specific to American with Disabilities Act case's circumstances, it properly declined supplemental jurisdiction of Unruh Act claim.
Civil Procedure 9th Sep. 22, 2022
Kernan v. Regents of the University of California
In a medical malpractice action, health care provider failed to establish that plaintiff's request for an autopsy indicated subjective suspicion of wrongdoing, which would have commenced the limitations period.
Civil Procedure 1DCA/4 Sep. 22, 2022
Salazar v. Walmart, Inc.
Demurrer without leave to amend was inappropriate where the plaintiff-appellant stated a viable claim that a reasonable consumer could be deceived by product's packaging and location.
Consumer Law 4DCA/2 Sep. 21, 2022
People v. Heard
For juvenile offenders who were sentenced to the functional equivalent of life without parole, denying the opportunity to petition for resentencing under Penal Code Section 1170(d)(1) violates equal protection.
Criminal Law and Procedure 4DCA/1 Sep. 21, 2022
Moore v. Centrelake Medical Group, Inc.
After a medical center's data breach, to determine standing for their Unfair Competition Law claim, patients were not required to establish subsequent misappropriation of their personal identifying information.
Consumer Law 2DCA/4 Sep. 20, 2022
Li v. Jin
Defendant's application for tax-exempt status of alumni association was protected as a statement made during a "proceeding" under the anti-SLAPP statute since the IRS made discretionary determinations for each applicant.
Anti-SLAPP 6DCA Sep. 20, 2022