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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
U.S. v. Jose Jimenez-Chaidez
District court's decision to admit federal agent's cellphone testimony as lay rather than expert witness was proper given that the information provided did not require specialized knowledge.
Evidence 9th Mar. 26, 2024
Huerta v. CSI Electrical Contractors
Time spent traveling between security gates and parking lots is compensable as "employer-mandated travel" under Wage Order No. 16 if the gate is the first place his presence is required.
Employment Law CASC Mar. 26, 2024
Sikousis Legacy, Inc., V. B-Gas Limited et al
District court did not abuse its discretion in vacating a pre-judgment attachment of a vessel because plaintiffs failed to show reasonable probability of success on their corporate veil-piercing theory.
Civil Procedure 9th Mar. 26, 2024
Singh v. Garland
Asylum seeker was erroneously denied a finding (and the associated burden-shifting presumption) that he suffered harm rising to the level of persecution.
Immigration 9th Mar. 25, 2024
Grant v. City of Long Beach
Appeal was dismissed because appellant's opening brief contained material misstatements of the facts and holdings of cases cited as authority and cited apparently nonexistent cases.
Civil Procedure 9th Mar. 25, 2024
People v. Morris
Because jury's verdict encompassed findings leading to defendant being convicted under amended felony-murder statute, defendant was ineligible for resentencing under Penal Code Section 1172.6.
Criminal Law and Procedure 4DCA/3 Mar. 25, 2024
N.M. v. W.K.
When a petitioner seeks a domestic violence restraining order, a respondent who has already responded to the petition is not entitled to a continuance of the hearing on the request "as a matter of course."
Family Law 1DCA/3 Mar. 22, 2024
Conservatorship of K.Y.
Because continually requesting extensions posed the risk of mooting a conservatorship case, it behooves counsel to mind conservatorship order deadlines and notify the court accordingly.
Conservatorship 1DCA/4 Mar. 22, 2024
DZ Reserve v. Meta Platforms, Inc.
Meta's alleged misrepresentations about the potential advertising reach of its platform constituted a common course of conduct for the alleged consumer class.
Civil Procedure 9th Mar. 22, 2024
Estate of Hernandez v. City of Los Angeles
Although reasonable jury could have concluded officer used excessive force, qualified immunity shielded her because no precedent squarely governed shooting wounded suspect a sixth time as he attempted to stand.
Qualified Immunity 9th Mar. 22, 2024
Trident Society, Inc. v. Cemetery and Funeral Bureau
Funeral service's failure to hold, in a trust, money paid collateral to its preneed contract, violated the Short Act.
Consumer Law 3DCA Mar. 22, 2024
Neptune Management Corp. v. Cemetery and Funeral Bureau
Constructive delivery of funeral merchandise was insufficient to satisfy delivery exception to requirement that funds received for such merchandise should be held in trust until delivery.
Consumer Law 3DCA Mar. 22, 2024