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Belgau v. Inslee
In the face of plaintiffs' voluntary agreement to pay union dues and in the absence of any legitimate claim of compulsion, the district court correctly dismissed plaintiffs' First Amendment claim.
Civil Rights 9th Sep. 17, 2020
Bare v. Barr
Although immigration judge did not analyze crime's elements in isolation, he referenced facts that went directly to each element in his analysis as supporting the conclusion that petitioner's conviction constituted particularly serious crime.
Immigration 9th Sep. 17, 2020
In re Gardens Regional Hospital and Medical Center Inc.
California's fee-for-service payments made to debtor constituted a setoff that was subject to restrictions of Bankruptcy Code and was not a permissible equitable recoupment.
Bankruptcy 9th Sep. 17, 2020
Parkford Owners for a Better Community v. County of Placer
Completion of challenged expansion rendered moot plaintiff's challenge to County's issuance of building permit authorizing construction of expansion.
Civil Procedure 3DCA Sep. 17, 2020
Nealy v. County of Orange
Trial court properly sustained the demurrer on the grounds that County was immune from liability under Government Code Section 831.4.
Civil Procedure 4DCA/3 Sep. 16, 2020
Brue v. Shabaab
Trial court lacked personal jurisdiction over defendant because plaintiffs did not allege contacts between defendant and California sufficient to warrant the exercise of general or specific personal jurisdiction.
Civil Procedure 2DCA/7 Sep. 16, 2020
People v. Henderson
The decision whether to call certain witnesses is a matter of trial tactics and strategy which a reviewing court generally may not second guess.
Criminal Law and Procedure 2DCA/7 Sep. 16, 2020
Aerotek v. Johnson Group Staffing Co.
Attorney fees awarded under Civil Code Section 3426.4 (exceeding fees the client already paid) belong to attorneys who labored to earn them, absent enforceable agreement to contrary.
Attorneys 3DCA Sep. 16, 2020
Sanchez v. Martinez
Although trial court mistakenly deprived plaintiffs from choosing their preferred course of recovery, plaintiffs were not prejudiced in being forced to take option that maximized their recovery.
Employment Law 3DCA Sep. 15, 2020
Mayron v. Google LLC
Automatic renewal law under Business and Professions Code Section 17600 does not create a private right of action to enforce the statute.
statutory_interpretation 6DCA Sep. 15, 2020
People v. Superior Court (Frezier)
Calculation of maximum term of commitment for persons committed to state hospital under Penal Code Section 1026 includes credits for days served in actual custody and conduct credits under Section 4019.
statutory_interpretation 4DCA/1 Sep. 15, 2020
Murray v. UPS Capital Insurance Agency, Inc.
Plaintiff raised triable issue of fact as to whether defendant undertook special duty by holding itself out as having expertise in inland marine insurance.
Torts 4DCA/3 Sep. 15, 2020
Southcentral Foundation v. Alaska Native Tribal Health Consortium
Infringement of governance and participation rights was a sufficiently concrete and particularized injury in fact sufficient to confer Article III standing.
Constitutional Law 9th Sep. 15, 2020
Von Tobel v. Benedetti
If Supreme Court precedent does not provide 'clear answer to the presented question,' state court's decision cannot be contrary to clearly established federal law.
statutory_interpretation 9th Sep. 15, 2020
Ramos v. Wolf
District court abused its discretion in issuing preliminary injunction based on plaintiffs' claim under Administrative Procedure Act because claim was foreclosed from judicial review.
Administrative Agencies 9th Sep. 15, 2020
Axis Reinsurance v. Northrup Grumman
An excess insurer may not challenge underlying insurer's payment decision as outside the scope of coverage absent showing of fraud or bad faith.
Insurance 9th Sep. 15, 2020
Asarco LLC v. Atlantic Richfield
Outlays for speculative future remediation efforts are not recoverable necessary response costs in Comprehensive Environmental Response, Compensation, and Liability Act contribution actions.
Environmental Law 9th Sep. 15, 2020
Burchell v. Faculty Physicians and Surgeons of the Loma Linda University School of Medicine
Because plaintiff's Code of Civil Procedure Section 998 offer was invalid, trial court's award of expert witness fees and prejudgment interest on the basis of that offer was reversed.
Remedies 4DCA/2 Sep. 14, 2020
National Labor Relations Board v. International Association of Bridge Local 229
Order
9th Sep. 14, 2020
Anderson v. Neven
Order
9th Sep. 14, 2020
Amended Opinion: Guerra v. Barr
Board of Immigration Appeals failed to engage in clear error review in reversing Immigration Judge's decision that petitioner established a probability that he would be subjected to torture in criminal detention.
Immigration 9th Sep. 14, 2020
Amended Opinion: Pimentel v. City of Los Angeles
The Eight Amendment's Excessive Fines Clause applies to municipal parking fines.
Civil Rights 9th Sep. 14, 2020
J.R. v. Barr
Substantial evidence did not support Board of Immigration Appeals' conclusion that El Salvadoran government was willing and able to control gang that attacked petitioner and his family.
Immigration 9th Sep. 14, 2020
Gonzalez v. U.S. Immigration and Customs Enforcement
Fourth Amendment requires prompt probable cause determination by neutral and detached magistrate to justify continued detention pursuant to immigration detainer.
Immigration 9th Sep. 14, 2020
People v. Lombardo
Senate Bill 1437 is not an invalid amendment of either Propositions 7 or 115.
statutory_interpretation 3DCA Sep. 14, 2020
City of Brentwood v. Department of Finance
City entered into third party construction contracts prior to executing public improvement agreements, in which its former redevelopment agency agreed to reimburse construction costs; thus, public improvement agreements were not 'enforceable obligations.'
statutory_interpretation 3DCA Sep. 11, 2020
Dept. of Fair Employment and Housing v. Cathy's Creations, Inc.
Attorneys' fees under Code of Civil Procedure Section 1021.5 was properly denied to prevailing defendants in action brought by Department of Fair Employment and Housing under Government Code Section 12974.
statutory_interpretation 5DCA Sep. 11, 2020
Dept. of Fair Employment and Housing v. Superior Court (Cathy's Creation Inc.)
Trial court erroneously construed its preliminary injunction order as final adjudication of the merits of underlying administrative complaint, and therefore violated separation of powers doctrine.
statutory_interpretation 5DCA Sep. 11, 2020
U.S. v. Garcia
Under attenuation doctrine, discovery of suspicionless search condition was not an intervening circumstance that broke causal chain between initial unlawful entry and discovery of evidence supporting conviction.
Criminal Law and Procedure 9th Sep. 11, 2020
Endy v. County of Los Angeles
Plaintiff failed to raise triable issue of material fact that records of his 'unfounded' child abuse allegations in Child Welfare Services Case Management System caused him reputational harm.
Civil Rights 9th Sep. 11, 2020