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Ford v. The Silver F
Arbitration agreement was unenforceable because it excluded "representative" Private Attorneys General Act lawsuits, and based on precedent at execution, such language covered all actions under PAGA.
Arbitration, Employment Law 3DCA Apr. 10, 2025
People v. Hinojos
Sustained objection under Code of Civil Procedure Section 231.7, which prohibits peremptory challenges based on prospective juror's race, raises mixed question of law and fact subject to de novo review.
Criminal Law and Procedure 2DCA/7 Apr. 10, 2025
People v. Munoz
Superior court did not err in denying defendant's resentencing petition because his sentence of 50 years to life was not the functional equivalent of life without the possibility of parole.
Criminal Law and Procedure 2DCA/7 Apr. 10, 2025
People v. Rodriguez
Admitting defendant's prior voluntary incriminating statements made in parole context during resentencing proceedings did not violate the defendant's Fifth Amendment rights because conviction remained intact throughout.
Criminal Law and Procedure 2DCA/3 Apr. 9, 2025
People v. Virgen
Because an instructional error may have led to defendant's second-degree murder conviction absent a finding of malice aforethought, a retrial was warranted.
Criminal Law and Procedure 2DCA/8 Apr. 9, 2025
People v. Gomez
Because evidence was insufficient to prove that flare gun was designed to be used as a weapon, defendant's conviction for possession of a firearm by a felon was vacated.
Criminal Law and Procedure 6DCA Apr. 9, 2025
Trump v. J.G.G.
Action seeking to stop removal under Alien Enemies Act proclamation sounded in habeas, so the district of confinement was the proper venue for the action.
Immigration, Civil Procedure USSC Apr. 9, 2025
Marriage of Freeman
Family court's use of higher $2.1 million property value estimate closer to time of trial, rather than lower $1.44 million closer to date of separation, was proper.
Family Law 4DCA/3 Apr. 8, 2025
Lacour v. Superior Court (People)
Trial court abused its discretion in denying mental health diversion based on the absence of evidence when statute requires substantial clear and convincing evidence from the prosecution.
Criminal Law and Procedure 3DCA Apr. 8, 2025
Modification: Johnson v. Dept. of Transportation
Trial court did not abuse its discretion in disqualifying attorney who received a privileged communication from opposing counsel, refused to destroy it, and shared it with experts.
Attorneys 3DCA Apr. 8, 2025
Modification: 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 Apr. 8, 2025
Department of Education v. California
Despite courts of appeals lacking appellate jurisdiction over appeals from temporary restraining orders, Supreme Court chose to construe district court's TRO as preliminary injunction and stay it.
Civil Procedure USSC Apr. 8, 2025
Odom v. Los Angeles Community College Dist.
Judge's erroneous and prejudicial evidentiary rulings--coupled with "bizarre," irrelevant personal musings about society and race--warranted a new trial.
Evidence, Judges 2DCA/8 Apr. 8, 2025
Hudnall v. Dudek
Order
9th Apr. 8, 2025
Regino v. Staley
Dismissal of parent's due process claims against school for policy allowing child to use preferred name and pronouns was vacated and remanded for district court to apply correct legal standard.
Constitutional Law, Education 9th Apr. 7, 2025
People v. McGhee
Defendant's murder conviction was reversed and remanded when trial court's decision to remove juror for misconduct was unsupported by the record.
Criminal Law and Procedure CASC Apr. 4, 2025
People v. Jasso
Admission of detective's testimony regarding accomplice's friend's statements made during interview was not error where accomplice's statements were against his interest and defense counsel did not object to detective's testimony.
Criminal Law and Procedure, Evidence CASC Apr. 4, 2025
Krug v. Board of Trustees of the California State Univ.
Labor Code requirement that employers reimburse employees' necessary business expenses did not apply to public institution.
Employment Law 2DCA/1 Apr. 3, 2025
Modification: Johnson v. Dept. of Transportation
Trial court did not abuse its discretion in disqualifying attorney who received a privileged communication from opposing counsel, refused to destroy it, and shared it with experts.
Attorneys 3DCA Apr. 3, 2025
Medical Marijuana, Inc. v. Horn
Using civil RICO's "injured in ... business" requirement, Plaintiff may seek treble damages and sue medical marijuana company based on personal injury of being fired after positive drug test.
Torts, Consumer Law USSC Apr. 3, 2025
Food and Drug Administration v. Wages and White Lion Investments, LLC
In denying e-cigarette pre-market applications, the Food and Drug Administration was sufficiently consistent with its predecisional guidance and thus did not run afoul of the change-in-position doctrine.
Administrative Agencies USSC Apr. 3, 2025
U.S. v. Carver
Despite shift in court deference to agency interpretations of regulations, precedent that convictions set aside under Penal Code Section 1203.4 are not expunged for federal sentencing purposes remained good law.
Criminal Law and Procedure 9th Apr. 3, 2025
Bring Back the Kern v. City of Bakersfield
Because the California Constitution specifically requires water use to be beneficial and reasonable, trial court's refusal to consider these factors because of legislation was error.
Water Rights, Environmental Law 5DCA Apr. 3, 2025
Winter v. Menlo
Prospective client's disclosure of his theory of the case and related documents were material to the litigation, warranting disqualification when attorney represented opposing party.
Attorneys 2DCA/8 Apr. 3, 2025
People v. K.D.
Regional center was required to provide report and proposed program for defendant eligible for developmental disability diversion so trial court could determine whether she would benefit from diversion.
Criminal Law and Procedure 1DCA/4 Apr. 1, 2025
Miles v. Gernstein
Oral surrogate agreement between neighbors was enforceable when facts supported that surrogate had intended to provide the child without staking parental claim.
Family Law 3DCA Apr. 1, 2025
Lorenzo v. Calex Engineering, Inc.
Defendant contractors, who established an unpermitted construction staging area for vehicles, owed a duty of care to plaintiffs whose minor daughters were killed by a truck driver.
Torts 2DCA/1 Apr. 1, 2025
McIntosh v. Superior Court (People)
During the informal pleading stage of proceedings under the Racial Justice Act, a petitioner need only allege facts that would establish a violation to trigger the appointment of counsel.
Criminal Law and Procedure 4DCA/1 Apr. 1, 2025
11640 Woodbridge Condominium Homeowners' Assn. v. Farmers Ins. Exchange
Summary judgment was improper where triable issues of fact remained regarding whether exclusions cited by insurance company in denying claim precluded coverage of damage caused by rain during reroofing.
Insurance 2DCA/3 Apr. 1, 2025
Prahl v. Allstate Northbrook Indemnity Co.
Insurance Code Section 11580.2(i)'s five-year statutory deadline to complete uninsured motorist arbitrations was not extended by pandemic's Emergency Rule 10.
Insurance, Arbitration 3DCA Apr. 1, 2025