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In re Volkswagen Clean Diesel Litigation
District court had authority to, and did, approve an amendment to parties' settlement agreement; thus, the amendment excluding claimants from the settlement agreement was enforceable. 		Civil Procedure 9th Sep. 11, 2020
Mai v. U.S.
Order 		9th Sep. 11, 2020
Walker v. Superior Court (People)
Order 		CASC Sep. 11, 2020
People v. Chavez
Penal Code Section 1538.5 does not require trial court to hold evidentiary hearing when defendant's stated issue to be decided is not relevant to the motion to suppress. 		statutory_interpretation 2DCA/6 Sep. 11, 2020
Aljabban v. Fontana Indoor Swap Meet, Inc.
Commercial landlords may not use a security deposit for repairs after a tenant vacates, unless specifically stated in the lease. 		Civil Procedure 4DCA/1 Sep. 11, 2020
Modification: Akopyan v. Superior Court (Unzueta)
Trial court erred in granting disqualification motion under Code of Civil Procedure Section 170.6(a)(2) following conditional reversal where remand was for reconsideration of pretrial 'Batson/Wheeler' motion. 		Civil Procedure 2DCA/7 Sep. 11, 2020
People v. Zaheer
Because counsel neglected to shore up an evidentiary gap, which created an opening for the prosecutor, who seized it, his failure amounted to ineffective assistance of counsel. 		Criminal Law and Procedure 4DCA/1 Sep. 10, 2020
In re J.E.
Substantial evidence supported the trial court's determination that minor appreciated the wrongfulness of her conduct as required under Penal Code Section 26. 		Juveniles 1DCA/4 Sep. 10, 2020
Modification: People for the Ethical Operation of Prosecutors v. Spitzer
Plaintiffs satisfied basic requirements of taxpayer claim under Code of Civil Procedure Section 526a and had standing to sue. 		Constitutional Law 4DCA/3 Sep. 10, 2020
In re J.W.-P.
Father was prejudiced by the trial court's failure to provide him with the notice of the procedure to protect his parental rights mandated by Welfare and Institutions Code Section 316.2(b). 		Dependency 1DCA/5 Sep. 10, 2020
U.S. v. Herrera
State government agencies who suffer losses that are included in the actual loss calculation under U.S.S.G. Section 2B1.1(b)(1) are properly counted as victims. 		statutory_interpretation 9th Sep. 10, 2020
Sampson v. County of Los Angeles
Because it was clearly established that public officials may not threaten to remove a child from an individual's custody in retaliation for protected speech, application of qualified immunity was improper. 		Civil Rights 9th Sep. 10, 2020
Rawson v. Recovery Innovations
Private parties may act under color of state law when they exercise powers traditionally held by the state. 		Civil Rights 9th Sep. 10, 2020
Shivkov v. Artex Risk Solutions
Absent Arizona authority that would subject defendants to a fiduciary duty in connection with an arbitration clause, plaintiffs failed to show that the arbitration clause was unenforceable. 		Arbitration 9th Sep. 10, 2020
Lopez v. Catalina Channel Express
Title III places the initial burden on the plaintiff of plausibly showing removal of architectural barriers is readily achievable. 		Disability Discrimination 9th Sep. 10, 2020
Vosburg v. County of Fresno
An unincorporated association that satisfies the criteria for intervention and successfully contributes to the public interest litigation should be entitled to attorney fees. 		statutory_interpretation 5DCA Sep. 10, 2020
In re K.W.
Welfare and Institutions Code Section 775 and Section 786 did not authorize the juvenile court to reduce minor's robbery conviction to a lesser offense. 		Juveniles 4DCA/2 Sep. 10, 2020
Modification: Buskirk v. Buskirk
Trial court erred by dismissing family dispute over trust for want of personal jurisdiction because trust had ample connections to California. 		Civil Procedure 2DCA/8 Sep. 10, 2020
Amended Opinion: Marshall v. Webster
Plaintiffs' notice of appeal from anti-SLAPP order was untimely; thus, court lacked jurisdiction to consider the appeal. 		Civil Procedure 3DCA Sep. 9, 2020
Rowan v. Kirkpatrick
Defendant's appeal was untimely and her motion for reconsideration was not a valid motion that extended the time to appeal. 		Civil Procedure 1DCA/3 Sep. 9, 2020
U.S. v. Bacon
Order 		9th Sep. 9, 2020
Rodriguez v. Newsom
California's use of the winner-take-all approach in selecting presidential electors is consistent with the Constitution's guarantee of equal protection. 		Civil Rights 9th Sep. 9, 2020
Jamul Action Committee v. Simermeyer
Jamul Indian Village is a federally recognized Indian tribe and is protected by tribal sovereign immunity. 		Native American Affairs 9th Sep. 9, 2020
Corbello v. Valli
Under asserted truths doctrine, author who holds their work out as nonfiction cannot later claim, in litigation, that aspects of the work were actually made up and thus entitled to full copyright protection. 		Copyright 9th Sep. 9, 2020
Salter v. Quality Carriers
Defendant seeking removal under Class Action Fairness Act is not required to present evidence in support of its jurisdictional allegations when plaintiff asserts facial challenge to notice of removal. 		Civil Procedure 9th Sep. 9, 2020
People v. York
Jury's special circumstance finding before 'People v. Banks' and 'People v. Smith' did not preclude defendant's eligibility from sentencing relief under Penal Code Section 1170.95 as a matter of law. 		Criminal Law and Procedure 2DCA/5 Sep. 8, 2020
In re William Grice
Uber driver did not fall within arbitration exemption set forth in Section 1 of Federal Arbitration Act for workers engaged in foreign or interstate commerce. 		Arbitration 9th Sep. 8, 2020
U.S. v. Asuncion
Section 401 of First Step Act, which reduced mandatory minimum penalties for repeat drug offenders, was inapplicable to defendant because he was sentenced before the statute's enactment. 		statutory_interpretation 9th Sep. 8, 2020
In re Augustine Pena III
Chapter 7 trustee did not abandon rents by abandoning properties from which they were collected; thus, the funds remained the property of the bankruptcy estate. 		Bankruptcy 9th Sep. 8, 2020
Nanouk v. U.S.
Federal Tort Claims Act's discretionary function exception did not apply to government's failure to identify and remediate hot spot of contaminated soil in timely manner after clean-up activities began. 		Torts 9th Sep. 8, 2020
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