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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
People v. Gonzalez
An unauthorized sentence that was able to be corrected did not warrant a resentencing.
Criminal Law and Procedure 4DCA/1 Feb. 11, 2025
People v. Martinez
No violation of criminal defendant's state right to a speedy trial where his claims of prejudice were conclusory and speculative rather than supported by particular facts.
Criminal Law and Procedure 4DCA/2 Feb. 11, 2025
Pirani v. Slack Technologies, Inc.
Sections 11 and 12 of the Securities Act require plaintiffs to show that the securities they purchased were registered under a materially misleading registration statement and prospectus, respectively.
Securities 9th Feb. 11, 2025
U.S. v. Thompson
Defendant's previous child molestation conviction triggered a 10-year increase to his mandatory minimum sentence for a subsequent child pornography conviction.
Criminal Law and Procedure 9th Feb. 11, 2025
Greer v. County of San Diego
Reports on meetings of review board that included legal counsel for purposes of assessing liability for past events and preventing exposure due to future events were shielded by attorney-client privilege.
Attorneys 9th Feb. 11, 2025
Olson v. County of Grant
Officer's warrantless review of plaintiff's cell phone, which contained nude photos of plaintiff, was a Fourth Amendment violation because he had neither a warrant nor suspicion of criminal activity.
Constitutional Law, Qualified Immunity 9th Feb. 11, 2025
Perez-Perez v. Bondi
There was no basis to remove petitioners whose full names were missing from an asylum petition but whose "A" numbers were provided.
Immigration 9th Feb. 11, 2025
People v. Superior Court (Valdez)
Since resentencing petitioner was eligible for youthful offender parole, his initial resentence was not equivalent to life without parole, so he was ineligible for successive Penal Code Section 1170 relief.
Criminal Law and Procedure 4DCA/2 Feb. 11, 2025
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. 10, 2025
Hay v. Marinkovich
Although prevailing defendants in civil actions under Penal Code Section 502 may be awarded their reasonable attorney's fees, they may not recover where the plaintiff's claim was not frivolous.
Torts 4DCA/1 Feb. 10, 2025
Elmi v. Related Management Co., L.P.
Code of Civil Procedure Section 998 limits only prejudgment costs and fees--not costs and fees incurred to enforce a judgment.
Civil Procedure 4DCA/3 Feb. 10, 2025
Gharibian v. Wawanesa General Insurance Company
Debris from a nearby wildfire falling onto an insured property did not constitute physical loss.
Insurance, Contracts 2DCA/2 Feb. 10, 2025
Stubblefield v. Superior Court (People)
Following a reversed and vacated conviction, a petitioner was entitled to file a motion for release prior to the remittur being issued.
Criminal Law and Procedure 6DCA Feb. 7, 2025
People v. Chatman
In disagreement with *Hodge*, a trial court's denial of a defendant's request for relief pursuant to Section 1172.1 is an appealable order.
Criminal Law and Procedure 5DCA Feb. 6, 2025
Vo v. Technology Credit Union
Arbitration agreement was not unconscionable where it sufficiently provided for the possibility of third-party discovery.
Arbitration, Employment Law 6DCA Feb. 6, 2025
Modification: People v. Townes
A threat of divine retribution to an indoctrinated victim was sufficient to support a finding of duress required for a forcible rape conviction.
Criminal Law and Procedure 4DCA/3 Feb. 6, 2025
People v. Rosemond
An appeal pursuant to Penal Code Section 1172.1 was found to lack any arguable issues, and following a defendant's failure to raise any such issues, deemed abandoned.
Criminal Law and Procedure 5DCA Feb. 6, 2025
Casey v. Superior Court (D.R. Horton Inc.)
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act preempts attempts under state law to compel arbitration of sexual harassment cases, and parties cannot contract around the law with a choice-of-law provision.
Arbitration, Employment Law 1DCA/1 Feb. 5, 2025
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 Feb. 5, 2025