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Cain v. Superior Court (People)
Trial court erred in recusing Public Defender's Office from representing defendant when potential conflict of interest from prior representation was based on speculation.
Criminal Law and Procedure 1DCA/4 Apr. 15, 2025
Tesla Motors, Inc. v. Balan
District court improperly asserted diversity jurisdiction to confirm arbitration award, where face of petition did not establish that the $75,000 amount-in-controversy requirement had been met.
Arbitration, Civil Procedure 9th Apr. 15, 2025
Napa Valley Unified School Dist. v. State Bd. of Education
Despite statutory presumption that charter school petitions should be granted, substantial evidence supported rejection of new charter school petition.
Education 3DCA Apr. 14, 2025
Noem v. Abrego Garcia
Order
USSC Apr. 14, 2025
AirDoctor LLC v. Xiamen Qichuang Trade Co. Ltd.
Since complaint sought damages in amounts to be proven at trial, awarding those damages in default judgment would not differ in kind or amount from what was sought in the complaint.
Remedies, Civil Procedure 9th Apr. 14, 2025
In re L.H.
Juvenile court did not err exercising its discretion to set juvenile's maximum term of confinement of 25 years to life despite statutory age limits on the juvenile's actual commitment time.
Juveniles 1DCA/1 Apr. 11, 2025
Doe 3 v. Superior Court (John Roe DZ 20)
Code of Civil Procedure Section 340.1.3's revival provision did not revive claim against employer based on an employee's conduct because an action against the employee had already been litigated to finality.
Torts 6DCA Apr. 11, 2025
East Bay Sanctuary Covenant v. Trump
Order
9th Apr. 11, 2025
Ford v. The Silver F
Arbitration agreement was unenforceable because it excluded "representative" Private Attorneys General Act lawsuits, and based on precedent at execution, such language covered all actions under PAGA.
Arbitration, Employment Law 3DCA Apr. 10, 2025
People v. Hinojos
Sustained objection under Code of Civil Procedure Section 231.7, which prohibits peremptory challenges based on prospective juror's race, raises mixed question of law and fact subject to de novo review.
Criminal Law and Procedure 2DCA/7 Apr. 10, 2025
People v. Munoz
Superior court did not err in denying defendant's resentencing petition because his sentence of 50 years to life was not the functional equivalent of life without the possibility of parole.
Criminal Law and Procedure 2DCA/7 Apr. 10, 2025
People v. Rodriguez
Admitting defendant's prior voluntary incriminating statements made in parole context during resentencing proceedings did not violate the defendant's Fifth Amendment rights because conviction remained intact throughout.
Criminal Law and Procedure 2DCA/3 Apr. 9, 2025
People v. Virgen
Because an instructional error may have led to defendant's second-degree murder conviction absent a finding of malice aforethought, a retrial was warranted.
Criminal Law and Procedure 2DCA/8 Apr. 9, 2025
People v. Gomez
Because evidence was insufficient to prove that flare gun was designed to be used as a weapon, defendant's conviction for possession of a firearm by a felon was vacated.
Criminal Law and Procedure 6DCA Apr. 9, 2025
Trump v. J.G.G.
Action seeking to stop removal under Alien Enemies Act proclamation sounded in habeas, so the district of confinement was the proper venue for the action.
Immigration, Civil Procedure USSC Apr. 9, 2025
Marriage of Freeman
Family court's use of higher $2.1 million property value estimate closer to time of trial, rather than lower $1.44 million closer to date of separation, was proper.
Family Law 4DCA/3 Apr. 8, 2025
Lacour v. Superior Court (People)
Trial court abused its discretion in denying mental health diversion based on the absence of evidence when statute requires substantial clear and convincing evidence from the prosecution.
Criminal Law and Procedure 3DCA Apr. 8, 2025
Modification: Johnson v. Dept. of Transportation
Trial court did not abuse its discretion in disqualifying attorney who received a privileged communication from opposing counsel, refused to destroy it, and shared it with experts.
Attorneys 3DCA Apr. 8, 2025
Modification: Mandell-Brown v. Novo Nordisk Inc.
Failure to provide an opposing statement or any excuse for not doing so was sufficient grounds for granting defendant's summary judgment motion on FEHA and Labor Code claims.
Civil Procedure, Employment Discrimination 2DCA/5 Apr. 8, 2025
Department of Education v. California
Despite courts of appeals lacking appellate jurisdiction over appeals from temporary restraining orders, Supreme Court chose to construe district court's TRO as preliminary injunction and stay it.
Civil Procedure USSC Apr. 8, 2025
Odom v. Los Angeles Community College Dist.
Judge's erroneous and prejudicial evidentiary rulings--coupled with "bizarre," irrelevant personal musings about society and race--warranted a new trial.
Evidence, Judges 2DCA/8 Apr. 8, 2025
Hudnall v. Dudek
Order
9th Apr. 8, 2025
Regino v. Staley
Dismissal of parent's due process claims against school for policy allowing child to use preferred name and pronouns was vacated and remanded for district court to apply correct legal standard.
Constitutional Law, Education 9th Apr. 7, 2025
People v. McGhee
Defendant's murder conviction was reversed and remanded when trial court's decision to remove juror for misconduct was unsupported by the record.
Criminal Law and Procedure CASC Apr. 4, 2025
People v. Jasso
Admission of detective's testimony regarding accomplice's friend's statements made during interview was not error where accomplice's statements were against his interest and defense counsel did not object to detective's testimony.
Criminal Law and Procedure, Evidence CASC Apr. 4, 2025
Krug v. Board of Trustees of the California State Univ.
Labor Code requirement that employers reimburse employees' necessary business expenses did not apply to public institution.
Employment Law 2DCA/1 Apr. 3, 2025
Modification: Johnson v. Dept. of Transportation
Trial court did not abuse its discretion in disqualifying attorney who received a privileged communication from opposing counsel, refused to destroy it, and shared it with experts.
Attorneys 3DCA Apr. 3, 2025
Medical Marijuana, Inc. v. Horn
Using civil RICO's "injured in ... business" requirement, Plaintiff may seek treble damages and sue medical marijuana company based on personal injury of being fired after positive drug test.
Torts, Consumer Law USSC Apr. 3, 2025
Food and Drug Administration v. Wages and White Lion Investments, LLC
In denying e-cigarette pre-market applications, the Food and Drug Administration was sufficiently consistent with its predecisional guidance and thus did not run afoul of the change-in-position doctrine.
Administrative Agencies USSC Apr. 3, 2025
U.S. v. Carver
Despite shift in court deference to agency interpretations of regulations, precedent that convictions set aside under Penal Code Section 1203.4 are not expunged for federal sentencing purposes remained good law.
Criminal Law and Procedure 9th Apr. 3, 2025