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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
AIDS Healthcare Foundation v. Bonta
Senate Bill 10 did not unconstitutionally displace local zoning laws because it focused on the housing shortage, a matter of statewide concern, and was reasonably related to resolving that concern.
Government 2DCA/2 Apr. 1, 2024
People v. Ayala
Trial court erred in admitting testimony of unavailable witness, who had been missing for over two years, but whom the prosecution did not begin searching for until two weeks before trial.
Criminal Law and Procedure 4DCA/1 Apr. 1, 2024
People v. Rojas
Though Assembly Bill 333 required reversal of defendant's active gang participation conviction, jury's gang-murder special-circumstance finding under Penal Code Section 190.2 was affirmed because substantial evidence supported that finding.
Criminal Law and Procedure 5DCA Mar. 29, 2024
Williams v. Doctors Medical Center of Modesto
Doctor was not precluded from bringing second lawsuit because the issues in the fee order and anti-SLAPP order were not identical.
Anti-SLAPP 5DCA Mar. 29, 2024
Modification: In re Seumanu
Because petitioner for habeas relief failed to adequately provide record materials and meet strict pleading requirements, all but one request for certificate of appealability was denied.
Criminal Law and Procedure 1DCA/4 Mar. 29, 2024
Alameda Health System v. Alameda County Employees' Retirement
Public entity's breach of good faith and fair dealing claim failed because it contractually agreed to funding method used by retirement system.
Contracts 1DCA/2 Mar. 29, 2024
Hart v. Broomfield
District court did not err in denying habeas relief, where California Supreme Court could have reasonably deemed potentially suppressed evidence immaterial.
Criminal Law and Procedure 9th Mar. 29, 2024
Harrod v. Country Oaks Partners, LLC
Health care agent's power of attorney over principal's health care decisions did not include authority to bind the principal to a separate, optional arbitration agreement presented with other admissions paperwork.
Arbitration CASC Mar. 29, 2024
People v. Serrano
There was sufficient evidence of premeditation and deliberation for attempted murder since defendant fired multiple gun shots at pursuing officers.
Criminal Law and Procedure 1DCA/5 Mar. 29, 2024
Iversen v. Pedro
Plaintiff's sentence of life without the possibility of parole for public indecency did not violate the Eighth Amendment because of his extensive history of sexual offenses.
Constitutional Law 9th Mar. 28, 2024
People v. McClelland
Court's ruling on 1172.6 petition after the parties agreed to submit the matter without a further evidentiary hearing did not violate defendant's due process rights.
Criminal Law and Procedure 4DCA/1 Mar. 28, 2024
Brooklyn Restaurants, Inc. v. Sentinel Insurance Co., Ltd.
Insurance policy that covered cost of removing a virus could be reasonably interpreted to cover loss due to COVID-19.
Insurance 4DCA/1 Mar. 27, 2024
People v. Hill
Denial of Section 1172.6 relief (felony murder amendment resentencing) does not implicate ex post facto principles.
Criminal Law and Procedure 2DCA/2 Mar. 27, 2024
Weeks v. Interactive Life Forms, LLC
Trial court correctly declined to compel arbitration pursuant to "browsewrap" terms of use on defendant's website, which required no affirmative assent by the consumer.
Arbitration 2DCA/1 Mar. 27, 2024
Gramajo v. Joe's Pizza on Sunset, Inc.
Pizza delivery driver was entitled to attorney's fees and costs because Labor Code Section 1194(a) was more specific and more recently enacted than Code of Civil Procedure Section 1033(a).
Employment Law 2DCA/8 Mar. 27, 2024
Conway v. O'Malley
Because the "medium work," six-hour limitation presumption was rebutted, the Administrative Law Judge's contrary finding was unsupported by substantial evidence meriting reversal.
Administrative Agencies 9th Mar. 27, 2024
Modification: People v. Barner
Despite trial court's error in using sentencing rather than commitment language, judgment was affirmed as court ultimately made the appropriate commitment order and calculation.
Criminal Law and Procedure 3DCA Mar. 27, 2024
Andrew Zenoff v. Sorrento Therapeutics, Inc., et al
Dismissal of complaint alleging Securities and Exchange Act violations was appropriate where facts cited by plaintiff did not create a compelling inference that the defendants acted with scienter.
Securities 9th Mar. 26, 2024