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In re: Tuilaepa
Pending death penalty habeas petition based on intellectual disability was not procedurally barred by passage of Proposition 66 where petitioner made prima facie showing of intellectual disability.
Criminal Law and Procedure 2DCA/7 Feb. 25, 2025
Modification: Ng v. Superior Court (Los Alamitos Medical Center Inc.)
Wrongful death and medical malpractice claims were sufficiently separate and distinct to warrant separate non-economic damage caps under the Medical Injury Compensation Reform Act.
Torts, Health Care 4DCA/3 Feb. 24, 2025
Schrader Cellar LLC v. Roach
Summary judgment was improper where triable issues of fact existed as to whether attorney had rebutted the presumption of undue influence in alleged oral business agreement with client.
Contracts, Attorneys 9th Feb. 24, 2025
Hungary v. Simon
The commingling of funds alone could not sufficiently establish the commercial nexus required by the Foreign Sovereign Immunities Act's expropriation exception.
Immunity, International Law USSC Feb. 24, 2025
Wisconsin Bell, Inc. v. United States ex rel. Heath
Even though U.S. Treasury money only paid a portion of schools' internet subsidies, internet provider's overcharges alleged by auditor's False Claims Act lawsuit were "claims" under the Act.
Government, Utilities USSC Feb. 24, 2025
Williams v. Reed
Courts may not deny 42 U.S.C. Section 1983 claims on failure-to-exhaust grounds where application of the exhaustion requirement would effectively immunize state officials from claims challenging administrative process delays.
Civil Rights, Civil Procedure USSC Feb. 24, 2025
Arzate v. ACE American Insurance Company
Where agreement required employees to "submit" employment claims to arbitration, trial court erred in not requiring arbitration after Plaintiff employees resisted arbitration and neither party initiated arbitration.
Arbitration, Employment Law 2DCA/1 Feb. 21, 2025
R.D. v. Superior Court (People)
Although a criminal defendant may seek dismissal of charges under any other relevant legal authority, the Racial Justice Act does not specifically authorize dismissal as a remedy.
Criminal Law and Procedure, Juveniles 3DCA Feb. 21, 2025
People v. Sarmiento-Zuniga
Trial court did not err in imposing middle-term sentence on defendant because it stated on the record its underlying reasoning, and no additional records were required.
Criminal Law and Procedure 1DCA/5 Feb. 21, 2025
People v. Richardson
Laws prohibiting possession of firearms by convicted felons are not facially unconstitutional.
Constitutional Law 2DCA/8 Feb. 21, 2025
U.S. Securities & Exchange Commission v. Chicago Title Company
To ensure protection of receivership assets obtained from a Ponzi scheme, district court had authority and appropriately issued order barring further litigation against third-party.
Securities, Civil Procedure 9th Feb. 21, 2025
U.S. v. Kurns
For sentencing purposes, video and expert testimonial evidence proved defendant's possession of a semiautomatic firearm capable of accepting a large capacity magazine by a preponderance of the evidence.
Criminal Law and Procedure 9th Feb. 21, 2025
Pitt v. Metropolitan Tower Life Insurance Co.
Opinion
9th Feb. 21, 2025
Dept. of Corrections & Rehabilitation v. Workers' Compensation Appeals Bd.
"Compensation otherwise recoverable" under the workers' compensation law did not include industrial disability leave benefits, and therefore those could not be used to calculate a "serious and willful misconduct" award.
Workers' Compensation CASC Feb. 21, 2025
Shehyn v. Ventura County Public Works Agency
Trial court erroneously dismissed Plaintiff's inverse condemnation claim, where he properly alleged that he bore a disproportionate share of the costs of a public improvement.
Eminent Domain, Government 2DCA/6 Feb. 21, 2025
Modification: 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. 20, 2025
U.S. v. Pheasant
Statute granting Secretary of the Interior broad discretion to adopt regulations regarding public lands was constitutional because Congress provided an intelligible principle to guide the Secretary's rulemaking.
Constitutional Law, Administrative Agencies 9th Feb. 20, 2025
Amended Opinion: Magana-Magana v. Bondi
Ninth Circuit had jurisdiction to review whether a non-citizen showed "extraordinary circumstances" to waive the one-year motion-to-reopen deadline under the Violence Against Women Act (VAWA).
Immigration 9th Feb. 20, 2025
Lin v. Board of Directors of PrimeCare Medical Network
Because medical board of directors was not composed of licentiates, it exceeded its authority under Business and Professions Code Section 809.05 in reversing peer review committee's decision to lift doctor's suspension.
Health Care 4DCA/1 Feb. 20, 2025
Sandhu v. Board of Administration of CalPERS
Despite a contract's terms to the contrary, the "right to control" dictated whether an individual was a common law employee in violation of CalPERS.
Employment Law 3DCA Feb. 19, 2025
Bunker v. Superior Court (People)
Criminal defendant was statutorily entitled to automatic bail review hearing within five days of the original order despite any other circumstances.
Criminal Law and Procedure 4DCA/2 Feb. 19, 2025
Lovelace v. Superior Court (People)
Prosecutor's use of California Court Rule 4.421(c) "circumstances in aggravation" to pursue allegations of defendant's "similar prior conduct," was unconstitutional.
Criminal Law and Procedure, Constitutional Law 1DCA/4 Feb. 19, 2025
John Doe v. Grindr, Inc.
Section 230 of the Communications Decency Act shielded defendant App from plaintiff's tort and sex trafficking claims, which sought to treat App as a publisher or speaker of third-party content.
Cyber Law, Commercial Law 9th Feb. 19, 2025
Amended Opinion: Aleman-Belloso v. Bondi
Mischaracterization of claimed social group and failure to analyze government's role in alleged past persecution required remand to determine whether petitioner was eligible for asylum.
Immigration 9th Feb. 19, 2025
Bemore v. Superior Court (People)
Under the Racial Justice Act, trial court abused its discretion in appointing Public Defender whose actions diametrically opposed Defendant's goal of appointment of private attorneys.
Criminal Law and Procedure 4DCA/1 Feb. 19, 2025
Western States Petroleum Ass'n. v. California Air Resources Board
California Air Resources Board had the authority to set emissions standards for berthed vessels that would require technology that did not yet exist but was achievable by the compliance deadline.
Administrative Agencies 2DCA/7 Feb. 18, 2025
People v. Lawson
Defendant failed to establish by a preponderance that trial court acted with racial animus in violation of the Racial Justice Act.
Criminal Law and Procedure 2DCA/1 Feb. 18, 2025
Modification: Town of Apple Valley v. Apple Valley Ranchose Water
Trial court erred in applying the wrong burden of proof and standard of review in deciding public utility could acquire private water utility system within its boundaries through eminent domain.
Water Rights 4DCA/2 Feb. 18, 2025
People v. Lara
Upon resentencing, two attempted murder counts could be redesignated as count of shooting at inhabited dwelling and count of assault with firearm, but uncharged non-target offenses could not be added.
Criminal Law and Procedure 2DCA/8 Feb. 18, 2025
Chai v. Velocity Investments, LLC
Nothing in the Fair Debt Buying Practices Act conditions a consumer's right to sue for statutory damages on suffering an injury in fact or the availability of actual damages.
Consumer Law 6DCA Feb. 18, 2025