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People v. Frazier
Trial court did not err in denying capital murder defendant's repeated utimely self-representation requests made during penalty phase of trial.
Criminal Law and Procedure CASC Aug. 6, 2024
People v. Wilson
Stay-and-remand procedure rather than automatic stay of appeal was the appropriate approach for defendant's Racial Justice Act claims that were not part of appellate record.
Criminal Law and Procedure CASC Aug. 6, 2024
Doe v. Dept. of Rehabilitation
Whether an expense is a "maintenance expense" for rehabilitation services does not depend on whether the expense is short- or long-term.
Administrative Agencies 4DCA/3 Aug. 6, 2024
Mi Familia Vota v. Petersen
Order
9th Aug. 5, 2024
West Contra Costa Unified School Dist. v. Superior Court (A.M.M.)
Waiving the Government Code's timely claim presentation requirement for childhood sexual assault claims did not violate the California Constitution's Gifts Clause.
Government, Constitutional Law 1DCA/5 Aug. 2, 2024
City of Ontario v. We Buy Houses Any Condition
Property's blighted condition did not excuse City of Ontario from eminent domain requirements necessitating identification and specification of project with public purpose.
Eminent Domain 4DCA/1 Aug. 2, 2024
Kennedy v. Las Vegas Sands Corporation
Corporate pilots were exempt from the overtime requirements of the Fair Labor Standards Act because they qualified as highly compensated, non-manual employees under the Act's definition.
Employment Law 9th Aug. 2, 2024
Turrieta v. Lyft, Inc.
Aggrieved employee asserting claims under Private Attorneys General Act has no personal or representative right to intervene in another aggrieved employee's action asserting overlapping claims.
Employment Law, Civil Procedure CASC Aug. 2, 2024
People v. Lynch
Defendant sentenced under former Penal Code Section 1170(b) must be resentenced where reviewing court did not make a *Chapman v. California* assessment.
Criminal Law and Procedure CASC Aug. 2, 2024
Ratha v. Rubicon Resources LLC
The Abolish Trafficking Reauthorization Act does not apply to events that occurred before its enactment.
Civil Procedure, Torts 9th Aug. 1, 2024
People v. Hicks
A peremptory challenge to dismiss a juror based on her previous convictions and being "too opinionated" was not race-neutral.
Criminal Law and Procedure 4DCA/1 Aug. 1, 2024
Modification: San Pablo Ave. Golden Gate Improvement Assn. v. City Council of Oakland
Municipal enforcement regulations providing for public challenges to violative uses and existing nuisances did not provide a legal basis for challenging city planning department's prior zoning determination.
Municipal Law 1DCA/4 Jul. 31, 2024
G.C. v. Garland
During removal withholding proceedings, consideration of applicant's mental condition at time of his offense was properly limited to the extent to which applicant attributed his offense to his illness.
Immigration 9th Jul. 31, 2024
Scott v. Smith
No qualified immunity on Fourth Amendment excessive force claim, where police used bodyweight force on the back of a prone individual suffering from a mental illness and not suspected of a crime.
Qualified Immunity 9th Jul. 31, 2024
Modification: People v. Nguyen
Petitioner was ineligible for imputed malice resentencing relief where jury instructions necessarily meant jurors had found he harbored his own specific intent to kill.
Criminal Law and Procedure 6DCA Jul. 31, 2024
Saurman v. Peter's Landing Property Owner LLC
Disabled decedent's husband had standing to sue for injunctive relief under the Americans with Disabilities Act in California state court.
Disability Discrimination 4DCA/3 Jul. 30, 2024
Medina v. St. George Auto Sales, Inc.
A frequent "check engine" light notification was not necessarily notice of a material defect in a car represented to be in good condition for the purposes of the discovery rule.
Civil Procedure, Consumer Law 4DCA/3 Jul. 30, 2024
People v. Malbry
Despite being "technically eligible" to remove lifetime registration, trial court did not err in sex offender's requiring continued registration for the community's protection.
Criminal Law and Procedure 2DCA/8 Jul. 30, 2024
Modification: Morell v. Board of Retirement of the Orange County Employees' Retirement System
Retirement system's definition of compensation which was later repealed by the legislature was still valid due to the repeal's savings clause.
Government 2DCA/1 Jul. 30, 2024
In re A.P.
It was error to deny Mother's restraining order request where there was uncontested evidence Father had committed domestic violence against her and one of her children.
Family Law 2DCA/1 Jul. 30, 2024
John Doe v. Garland
Core habeas petition should have been dismissed where petitioner failed to name the warden of his facility as a respondent and filed in a district that he was not confined in.
Criminal Law and Procedure 9th Jul. 30, 2024
EB Holdings II, Inc. v. Illinois National Insurance Co.
District court erred in concluding Nevada law governed where its analysis of the test to determine choice-of-law was based on erroneous facts.
Civil Procedure, Insurance 9th Jul. 30, 2024
Meinhardt v. City of Sunnyvale
In administrative mandate proceedings, the time for filing an appeal does not begin to run until entry, or notice of entry, of a judgment.
Civil Procedure, Administrative Agencies CASC Jul. 30, 2024
Bailey v. San Francisco Dist. Attorney's Office
City could be liable where a human resource manager obstructed and threatened a reporting employee if she persisted in bringing a complaint.
Employment Discrimination CASC Jul. 30, 2024
Modification: People v. Bolourchi
Jurors at a motorist's DUI trial may draw an adverse inference of consciousness of guilt based on the motorist's refusal to submit to a pre-warrant blood test upon arrest.
Criminal Law and Procedure, Constitutional Law 1DCA/4 Jul. 29, 2024
In re: Masingale
Chapter 7 trustee was not required to object in the 30-day window to an above-limit homestead exemption where the case was Chapter 11 at the time and debtor represented that creditors would be paid first.
Bankruptcy 9th Jul. 29, 2024
Okonowsky v. Garland
A colleague's social media page could reasonably create an objective hostile work environment under Title VII.
Employment Discrimination, Employment Law 9th Jul. 26, 2024
Quach v. California Commerce Club, Inc.
Overturning *St. Agnes Medical Center v. PacifiCare of California*, waiver of the right to compel arbitration no longer requires a showing of prejudice.
Arbitration CASC Jul. 26, 2024
Castellanos, et al. v. State of California, et al.
Proposition 22 (classifying app-based drivers as independent contractors) does not conflict with Article XIV, Section 4 of the California Constitution.
Constitutional Law, Employment Law CASC Jul. 26, 2024
J.M. v. Illuminate Education, Inc.
The Confidentiality of Medical Information Act applies to non-healthcare entities that maintain and use medical records for an individual's diagnosis and treatment.
Consumer Law 2DCA/6 Jul. 26, 2024