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Nayab v. Capital One Bank
Under the Fair Credit Reporting Act, a consumer only needs to prove that a third party obtained her credit report for an unauthorized purpose in order to establish judicial standing.
Constitutional Law 9th Nov. 1, 2019
U.S. v. Garcia-Morales
Defendant was not silent in response to agent's questioning on topic of co-conspirators because the exchange merely demonstrated that defendant did not want to discuss his co-conspirators on video tape.
Criminal Law and Procedure 9th Nov. 1, 2019
Bakersfield College v. California Community College Athletic Assn.
Arbitration agreement contained procedural unconscionability coupled with substantive unconscionability because it lacked mutuality; thus, arbitration agreement was unenforceable.
Contracts 3DCA Nov. 1, 2019
MTC Financial Inc. v. California Dept. of Tax and Fee Admin.
A trust deed must sufficiently describe the property securing it to be enforceable. A parcel number, address, and trustor names are insufficient to describe trust property to avoid voidability.
probate_and_trusts 4DCA/3 Nov. 1, 2019
Berroteran v. Superior Court
Real party in interest had a similar motive to cross-examine its own witnesses in prior litigation; thus, trial court abused discretion in granting motion to exclude depositions.
Evidence 2DCA/1 Oct. 31, 2019
Kalta v. Fleets
Individuals who use their business to purchase goods or services for personal use have standing to sue under the Consumer Legal Remedies Act
Consumer Law 2DCA/8 Oct. 31, 2019
Grafilo v. Soorani
California Board of Medicine demonstrated that subpoenas for patient records relating to defendant's prescription practices were supported by a compelling interest and the information sought was relevant and material to its investigation.
Constitutional Law 2DCA/2 Oct. 31, 2019
Diaz Martinez v. Barr
Premature pro se petitions to the 9th Circuit can be cured by ripening once the BIA issues a subsequent and final decision.
Immigration 9th Oct. 31, 2019
California Insurance Guarantee Assn. v. San Diego County Schools
Workers' Compensation Appeals Board's exclusive jurisdiction does not extend to contract-based disputes between a self-insured employer and its excess carrier; thus, trial court had jurisdiction.
Workers' Compensation 4DCA/3 Oct. 31, 2019
In re M.S.
Imperial County Department of Social Services did not establish unknown whereabouts of minor's mother to support juvenile court setting a Welfare and Institutions Code Section 366.26 hearing.
Family Law 4DCA/1 Oct. 31, 2019
People v. Khan
Penal Code Section 1001.36, which provides a scheme for pretrial diversion for mental health treatment of defendants, did not apply retroactively to defendant who is currently serving his sentence.
Criminal Law and Procedure 6DCA Oct. 30, 2019
People v. The North River Insurance Co.
A fugitive defendant's undocumented immigration status and pending United States visa application approval do not establish a temporary disability under California Penal Code Section 1305(e).
Criminal Law and Procedure 6DCA Oct. 30, 2019
MGA Entertainment v. Mattel
Under California law, the same suspicions that allowed plaintiff to plead unclean hands defense were sufficient to trigger the statute of limitation for its trade secret claim.
Civil Procedure 2DCA/8 Oct. 30, 2019
Hodges v. County of Placer
California counties do not owe a fiduciary duty to property owners while holding the owner's property in a trust account after a tax sale.
probate_and_trusts 3DCA Oct. 30, 2019
McCormick v. California Public Employees' Retirement System
Government Code Section 21156 requires employer-specific analysis under which employee's capability to perform her duties outside her usual workplace is irrelevant to eligibility for disability retirement.
Government 1DCA/1 Oct. 29, 2019
People v. Lucero
A declaration may constitute a 'paper' or any 'other matter or thing' for Penal Code Section 134 purposes, and Section 134 was not precluded by Section 118, the perjury statute.
Criminal Law and Procedure 3DCA Oct. 29, 2019
Magic Carpet Ride v. Rugger Investment Group
Evidence that defendant deposited lien release into escrow only eight days after it was required to do so raised triable issue of material fact whether defendant substantially performed under contract.
Contracts 4DCA/3 Oct. 29, 2019
Denham, LLC v. City of Richmond
Under Government Code Section 65754, when an ordinance conflicts with the general plan of a city, the city should be permitted to correct the conflict.
Real Property 1DCA/4 Oct. 29, 2019
NLRB v. IAB Local 229
Union speech aimed at encouraging an unlawful secondary boycott under the NLRA is not subject to strict scrutiny under the First Amendment
Labor Law 9th Oct. 29, 2019
Man v. Barr
In removal proceedings commenced against noncitizen after non-citizen has already entered country, Immigration Judge lacks authority to grant non-citizen U visa waiver of inadmissibility under 8 U.S.C. Section 1182(d)(3)(A)(ii).
Immigration 9th Oct. 25, 2019
Modification: People v. Capers
Witness' refusal to testify did not violate defendant's due process right to present defense under Sixth Amendment because there was no prosecutorial misconduct.
Criminal Law and Procedure CASC Oct. 25, 2019
People v. Allen
Denying mandatory expungement on the basis of an indigent defendant's outstanding victim restitution obligation does not violate due process or equal protection.
Criminal Law and Procedure 4DCA/1 Oct. 24, 2019
Lipschultz v. Charter Advanced Services
Order
USSC Oct. 23, 2019
People v. Kingston
Trial court did not violate defendant's due process rights by imposing fines without ascertaining ability to pay, since the fines neither interfered with defendant's access to courts nor resulted in her incarceration.
Criminal Law and Procedure 2DCA/1 Oct. 23, 2019
People v. Sanchez
When an action is dismissed by a magistrate on constitutional grounds, the dismissal cannot be reinstated under California Penal Code Section 871.5.
Criminal Law and Procedure 1DCA/3 Oct. 23, 2019
Miller Marital Deduction Trust v. Zurich American Insurance Co.
Trial court properly denied defendant's anti-SLAPP motion, because anti-SLAPP statute does not apply to cause of action for breach of implied covenant of good faith and fair dealing.
Anti-SLAPP 1DCA/3 Oct. 23, 2019
Dai v. Barr
Order
9th Oct. 23, 2019
Rojas v. Federal Aviation Administration
Freedom of Information Act and Privacy Act exemptions allowed the FAA to withhold its rules and practices for scoring its Biographical Assessment, along with plaintiff's score on the test.
Administrative Agencies 9th Oct. 23, 2019
Monster Energy v. City Beverages
Vacatur of an arbitration award is supported where the arbitrator fails to disclose to the parties any dealings with an involved party that might create an impression of possible bias.
Arbitration 9th Oct. 23, 2019
State of California v. Little Sisters of the Poor
Preliminary injunction barring enforcement in several states of final agency rules that exempted certain entities from Affordable Care Act's requirement that group health plans cover contraceptive care without cost sharing was affirmed.
Remedies 9th Oct. 23, 2019