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Newman v. Underhill
No Fourth Amendment violation where warrantless search of plaintiff's home was excused under the hot-pursuit exception.
Criminal Law and Procedure 9th Apr. 24, 2025
People v. Roy
An order denying or dismissing a defendant-initiated request for resentencing under Penal Code Section 1172.1 is not appealable; absent a statutory obligation to act, the defendant's substantial rights are unaffected.
Criminal Law and Procedure 3DCA Apr. 24, 2025
Romane v. Dept. of Motor Vehicles
Administrative hearing officer was not unconstitutionally advocating for defendant when its actions were part of the administrative hearing process's routine procedural undertakings.
Administrative Agencies 4DCA/1 Apr. 24, 2025
Di Lauro v. City of Burbank
Although class claims alleged were barred, demurrer without leave to amend was not appropriate where complaint alleged facts constituting an individual cause of action under the California Public Records Act.
Public Records Act 2DCA/5 Apr. 24, 2025
Diamond v. Schweitzer
Because signed release unequivocally released Defendants from all liability resulting from any injury related to the event, Plaintiff's injuries resulting from a third-party altercation was covered by the release.
Torts, Contracts 5DCA Apr. 23, 2025
Bradsbery v. Vicar Operating, Inc.
Plaintiffs' prospective, written waivers of their 30-minute meal period for shifts between five and six hours were valid and enforceable.
Employment Law 2DCA/7 Apr. 23, 2025
Monsalvo Velazquez v. Bondi
Undocumented immigrant's voluntary-departure deadline that fell on a weekend was extended to the next business day as in other federal statutes and regulations calculating deadlines in days.
Immigration USSC Apr. 23, 2025
Modification: 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. 23, 2025
Marino v. Rayant
Requests to seal civil harassment records were properly denied when defendant failed to meet California Rules of Court requirements for sealing records.
Civil Procedure 2DCA/1 Apr. 22, 2025
A.A.R.P. v. Trump
Order
USSC Apr. 22, 2025
Wildearth Guardians v. U.S. Dept. of Agriculture Animal and Plant Health Inspection Service Wildlife Services
Lack of geographic clarity regarding proposed agency action coupled with lack of local impact analysis meant agency did not adequately consider and describe environmental impacts of its predator damage management program.
Environmental Law, Administrative Agencies 9th Apr. 22, 2025
Briskin v. Shopify, Inc.
Overruling prior precedent, expressly aimed conduct at the forum state for specific personal jurisdiction does not require differential targeting.
Civil Procedure 9th Apr. 22, 2025
City of Huntington Beach v. Newsom
Order
9th Apr. 22, 2025
People v. Henderson
Applying law limiting superior courts' discretion passed after criminal conviction was final did not violate ex post facto principles because the ameliorative resentencing process could not hurt the defendant.
Criminal Law and Procedure 2DCA/7 Apr. 21, 2025
Modification: People v. Jackson
Trial court committed prejudicial error in ruling Defendant met current requirements for felony murder when it primarily based its ruling on jury's special circumstance findings based on former instructions.
Criminal Law and Procedure 1DCA/2 Apr. 21, 2025
Carachure v. City of Azusa
Parties seeking to challenge constitutionality of city's sewer and sanitation fees did not need to pay under protest and exhaust administrative remedies before bringing the action.
Civil Procedure, Constitutional Law 2DCA/7 Apr. 17, 2025
Fuson v. Office of Navajo and Hopi Indian Relocation
Navajo-Hopi Settlement Act relocation funds denial was arbitrary and capricious when Hearing Officer failed to address information regarding residency provided by the Bureau of Indian Affairs.
Native American Affairs 9th Apr. 17, 2025
People ex rel. Soto v. Group IX BP Properties
Government Code provision prohibiting ordinances that penalize landlords solely due to their contact with a law enforcement did not bar State's public nuisance action against property managers.
Government, Real Property 2DCA/4 Apr. 18, 2025
Golden State Boring v. Astaldi Construction
Subcontractor neither listed in original bid nor performing work exceeding threshold value was not entitled to statutory protections against substitution by the prime contractor.
Contracts 4DCA/3 Apr. 18, 2025
Medtronic USA v. California Dept. of Tax & Fee Admin.
Under Revenue and Taxation Code, device used to monitor cardiac function was not "medicine" and therefore could be taxed accordingly.
Tax 1DCA/2 Apr. 18, 2025
Cunningham v. Cornell University
Plaintiffs pursuing prohibited transactions claims under ERISA need not plead anything other than the elements enumerated in 29 U.S.C. Section 1106.
ERISA USSC Apr. 18, 2025
People v. Morrison
Rational basis was the appropriate standard of review for determining whether differences regarding the right to, and waiver of, a jury trial between statutory civil commitment procedures violated equal protection.
Criminal Law and Procedure 6DCA Apr. 16, 2025
Gomes v. Mendocino City Community Services Dist.
Mendocino groundwater permit ordinances were valid and their adoption did not require majority voter approval because fees to obtain a permit did not impact rates for the extraction of groundwater.
Water Rights, Government 1DCA/3 Apr. 16, 2025
In re A.T.
Child's removal from her father's physical custody was affirmed when substantial evidence supported juvenile court's finding that providing father with physical custody would be detrimental to child.
Dependency 4DCA/1 Apr. 16, 2025
Modification: People v. Griggs
A judge's order recalling defendant's sentence and assigning the matter for resentencing under Penal Code Section 1172.1 is not appealable.
Criminal Law and Procedure 3DCA Apr. 16, 2025
1215 Fell SF Owner LLC v. Fell Street Automotive Clinic
Naming discrepancy in complaint did not automatically void judgment and jurisdiction of the trial court, and remand was required to determine if the defect could be cured by amendment.
Civil Procedure 1DCA/4 Apr. 16, 2025
U.S. v. Gomez
Order
9th Apr. 16, 2025
Godun v. Justanswer LLC
Because Plaintiffs were not on inquiry notice of the agreement to arbitrate, no contract was formed when Plaintiffs were automatically subscribed and charged monthly for Defendant's web services.
Consumer Law, Arbitration 9th Apr. 16, 2025
Modification: 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. 15, 2025
Padron v. Osoy
Workers' compensation was exclusive remedy for worker contracted for more than 52 hours but injured before 52 hours of work had been completed because the length of the contract controlled.
Workers' Compensation 2DCA/1 Apr. 15, 2025