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State of California v. Superior Court (Energy and Policy Institute)
Writ mandating calendar information for Governor's advisor's meetings with utility organizations was properly granted when requested details were incidental to the deliberative process but potentially of great public interest.
Government 2DCA/1 Apr. 9, 2024
Dilbert v. Newsom
Writ relief was properly denied because petitioner had no due process right to clemency or consideration of his application for clemency within a particular time frame.
Constitutional Law 3DCA Apr. 9, 2024
Silva v. Medic Ambulance Service, Inc.
Emergency Ambulance Employee Safety and Preparedness Act's requirements regarding work shifts applied retroactively to ambulance worker's class action.
Employment Law 1DCA/1 Apr. 8, 2024
People v. Gray
Where defendant was found not guilty by reason of insanity, superior court lacked jurisdiction to modify and recalculate defendant' s commitment term pursuant to Penal Code Section 1172.75.
Criminal Law and Procedure 5DCA Apr. 8, 2024
In re: Ali Alavi v. Genius Brands International, Inc.
Shareholders adequately pled misrepresentation in complaint for Securities Exchange Act violations where complaint cited the defendant's affirmative misleading statements regarding solicitation in a securities purchase agreement.
Securities 9th Apr. 8, 2024
Edmo v. Corizon, Inc.
Under the Prison Litigation Reform Act, it was inappropriate to include time spent on prisoner's unsuccessful claims in calculation of lodestar amount when awarding attorneys' fees.
Attorneys 9th Apr. 8, 2024
People v. Uriostegui
Prosecution failed to demonstrate that presumptively invalid peremptory challenge to prospective juror based on her perceived lack of life experience was related to juror's ability to be fair and impartial.
Criminal Law and Procedure 2DCA/6 Apr. 8, 2024
Br. C. v. Be. C.
Non-consensual recordings of husband's verbal abuse were admissible evidence in domestic violence restraining order proceedings because of statutory exception for recordings made by victims seeking such restraining orders.
Family Law 3DCA Apr. 8, 2024
Mosley v. Superior Court (People)
Evidence recovered by warrantless automobile search should have been suppressed because totality of the circumstances did not support probable cause to believe that vehicle contained evidence of criminal wrongdoing.
Criminal Law and Procedure 3DCA Apr. 8, 2024
People v. Brown
Defendant's failure to bring a reconsideration motion was not dispositive because the ameliorative amendments to the mental health diversion statute occurred ten days prior to the hearing.
Criminal Law and Procedure 4DCA/1 Apr. 5, 2024
U.S. v. Tat
Failing to challenge aspects of an initial sentence in a prior appeal did not result in waiver of right to challenge comparable aspects following de novo resentencing.
Criminal Law and Procedure 9th Apr. 5, 2024
Knudsen v. Dept. of Motor Vehicles
Administrative public hearing officer, who acted as both an advocate and adjudicator, violated driver's due process right to an impartial adjudicator in DUI case.
Administrative Agencies 5DCA Apr. 5, 2024
People v. Rafael B.D.R.
Trial court erred by denying motion for a new trial following newly discovered evidence: a confession by defendant's ex-wife that her family intentionally invented abuse allegations to deport defendant.
Evidence 1DCA/3 Apr. 12, 2024
Modification: Wozniak v. YouTube, LLC
Trial court abused discretion in denying leave to amend claims alleging that Google and YouTube materially contributed to cryptocurrency scams.
Cyber Law 6DCA Apr. 4, 2024
Lew-Williams v. Petrosian
Trial court exceeded its jurisdiction by dismissing plaintiffs' claims for failure to prosecute after it had already granted defendants' motion to compel arbitration.
Arbitration 2DCA/7 Apr. 4, 2024
U.S. v. Hansen
Supreme Court's decision in *United States v. Hansen* compelled the insertion of an intentionality element into the jury instruction for encouraging or inducing an alien to reside unlawfully.
Immigration 9th Apr. 4, 2024
Vazquez v. SaniSure
Because parties' previous arbitration agreement did not survive employee's second employment stint with same employer, trial court did not err in denying arbitration.
Arbitration 2DCA/6 Apr. 4, 2024
Howard v. Accor Management US
Summary judgment was appropriate where plaintiff failed to provide any actual evidence that hotel operator had actual or constructive knowledge of an allegedly unsafe shower head that injured her.
Torts 2DCA/8 Apr. 4, 2024
Amended Opinion: Rieman v. Vasquez
Defendants were not entitled to qualified immunity from suit after making misrepresentations to the juvenile court and failing to provide notice of the hearing.
Immunity 9th Apr. 3, 2024
In re: Lenore L. Albert-Sheridan
California State Bar's attempt to collect discovery sanctions and disciplinary costs violated the automatic stay imposed while formerly suspended lawyer was in Chapter 7 bankruptcy.
Bankruptcy BAP Apr. 3, 2024
Vichy Springs Resort, Inc. v. City of Ukiah
For California Environmental Quality Act purposes, construction on land leased from the city may have been "discretionary" where the City was under no obligation to allow the construction.
Environmental Law 1DCA/4 Apr. 2, 2024
Gazal v. Echeverry
Plaintiff's fraud claims did not arise from protected speech, but rather from the alleged misconduct that occurred after defendant encouraged plaintiff to donate.
Anti-SLAPP 2DCA/8 Apr. 2, 2024
U.S. v. Sapalasan
Inventory search was lawful where officer kept seized backpack in his police vehicle while he responded to other calls and completed the search near the end of his shift.
Criminal Law and Procedure 9th Apr. 2, 2024
BBK Tobacco & Foods LLP v. Central Coast Agriculture Inc.
District courts have jurisdiction to consider and cancel pending trademark applications in an action involving a registered mark.
Intellectual Property 9th Apr. 2, 2024
Apex Solutions, Inc. v. Falls Lake Insurance Management Co., Inc.
Separate vault breaches occurring on the same night by what appeared to be a single, coordinated group were a single occurrence of covered loss for insurance policy limit purposes.
Insurance 1DCA/4 Apr. 1, 2024
People v. Freetown Holdings Co.
Property owner was liable for public nuisance when he could have reasonably taken measures to prevent his liquor store from becoming a drug haven.
Torts 2DCA/8 Apr. 1, 2024
In re S.G.
Once minor parent consistently failed to utilize reunification services, termination of parental rights was appropriate to protect the child's need for prompt resolution of his custody.
Dependency 2DCA/3 Apr. 1, 2024
People v. Beaudreaux
While the trial court erred in not providing counsel to defendant for his Section 1172.6 resentencing petition, the error was harmless because the jury found him to be the actual killer.
Criminal Law and Procedure 1DCA/4 Apr. 1, 2024
BTHHM Berkeley, LLC v. Johnston
Despite defendant's claim that he did not intend to be bound, settlement term sheet was enforceable under CCP Section 664.6.
Contracts 1DCA/4 Apr. 1, 2024
Medallion Film LLC v. Loeb & Loeb LLP
Letter from attorney with alleged misrepresentations was not protected prelitigation conduct because it was a request to avoid litigation.
Anti-SLAPP 2DCA/8 Apr. 1, 2024