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Perez v. Rose Hills Company
Because defendant employer's violation-rate assumption was reasonably based on plaintiff employee's wage-and-hour complaint, it met the Class Action Fairness Act federal jurisdictional amount requirement.
Civil Procedure, Employment Law 9th Mar. 17, 2025
Conservatorship of the Person of A.J.
Trial court that determined conservatee was gravely disabled could not delegate its duty to designate the appropriate, least restrictive, alternative for placement of the conservatee to the Public Conservator.
Conservatorship 1DCA/3 Mar. 17, 2025
Flynt v. Bonta
The California Business and Professions Code prohibition against granting cardroom licenses to individuals with a stipulated financial interest or control over a gambling business did not violate the Commerce Clause.
Commercial Law 9th Mar. 17, 2025
U.S. v. Idaho
Order
9th Mar. 17, 2025
Yukutake v. Lopez
State law requiring in-person inspection of handguns within five days of acquiring them violated the Second Amendment because it had no relevantly similar historical example of firearm regulation.
Constitutional Law 9th Mar. 17, 2025
People v. Faustinos
Disagreeing with appellate opinion from one month prior, a trial court's order declining to act on Penal Code Section 1172.1 petition is not appealable because it does not affect a defendant's substantial rights.
Criminal Law and Procedure 4DCA/2 Mar. 17, 2025
Lake v. Gates (In re Parker and Olsen)
Lead attorneys for Plaintiffs alleging the insufficiency Arizona's voting system were subject to sanctions for filing a baseless complaint.
Attorneys, Civil Procedure 9th Mar. 17, 2025
Lake v. Gates (In re Dershowitz)
Of-counsel attorneys may be sanctioned under Federal Rule of Civil Procedure 11 if they sign a pleading without a reasonable basis to believe that the pleadings are not frivolous and are based on facts.
Attorneys 9th Mar. 17, 2025
K.C. v. County of Merced
Despite statute reviving time-barred claims for childhood sexual assault, County was immunized from liability for claims of alleged sexual assault occurring in foster care that were not investigated.
Immunity, Torts 5DCA Mar. 13, 2025
Hittle v. City of Stockton
Order
USSC Mar. 13, 2025
Alabama v. California
Order
USSC Mar. 13, 2025
D'Braunstein v. California Highway Patrol
District court erroneously applied qualified immunity to officer who arrested and delayed medical care to car accident victim who had suffered a stroke, believing him to be on drugs.
Qualified Immunity 9th Mar. 13, 2025
Bussey v. Driscoll
When a request for a correction is based on combat-induced PTSD, the Army Board for Correction of Military Records must give liberal consideration to the circumstances resulting in the discharge.
Veterans' Affairs, Administrative Agencies 9th Mar. 13, 2025
Kumar v. Koester
Plaintiff's claim that their injury was self-censorship of nondiscriminatory religious conduct out of fear that it could be misinterpreted as discriminatory was insufficient to evidence Free Exercise and other constitutional claim injuries for Article III standing.
Constitutional Law, Civil Procedure 9th Mar. 13, 2025
People v. Serna
Because mens rea for Penal Code Section 148(a)(1), resisting an officer, does not require actual knowledge, defense counsel's failure to admit defendant's health records was not ineffective assistance.
Criminal Law and Procedure 4DCA/2 Mar. 12, 2025
U.S. v. $1,106,775 in U.S. Currency
Striking claim to return seized currency was not an abuse of discretion where claimant refused to respond to supplemental interrogatories propounded by the government ostensibly seeking to clarify claimant's standing.
Civil Procedure 9th Mar. 12, 2025
U.S. v. Walthall
Defendant's conviction for solicitation to murder judge and others involved in his case only required evidence corroborating his intent for someone to commit the crime.
Criminal Law and Procedure 9th Mar. 12, 2025
Martinez Santoyo v. Boyden
Sixth Amendment speedy trial right was not incorporated into international extradition treaty and did not apply to proceedings thereunder.
International Law, Criminal Law and Procedure 9th Mar. 12, 2025
Estate of Najera-Aguirre v. City of Riverside
An officer who shot a suspect six times without warning, two times of which were while the suspect's back may have been turned, was not entitled to qualified immunity.
Qualified Immunity 9th Mar. 12, 2025
Roshan v. McCauley
A disciplinary proceeding by the California Department of Real Estate was a "quasi-criminal" proceeding and therefore *Younger* abstention was appropriate.
Administrative Agencies 9th Mar. 12, 2025
California Healthcare & Rehabilitation Center et al. v. Baass et al.
Traditional writ of mandate was an appropriate vehicle for challenges to formula for calculating Medi-Cal reimbursement overpayments.
Civil Procedure, Administrative Agencies 3DCA Mar. 12, 2025
Glickman v. Krolikowski
Discovery referee allocating referee fees unequally did not constitute a "monetary sanctions order" for the purposes of appealability.
Civil Procedure 4DCA/3 Mar. 11, 2025
In re M.V.
Juvenile court did not abuse its discretion when it terminated parental rights despite court-appointed parental bonding expert's opinion against termination.
Family Law 2DCA/8 Mar. 11, 2025
Jensen v. Brown
Complaint alleging a First Amendment retaliation claim from a community college professor voicing concerns about a curriculum policy change was properly pleaded.
Constitutional Law 9th Mar. 11, 2025
Uber Technologies, Inc. v. United States Judicial Panel on Multidistrict Litigation
Centralization of litigation was neither legal error nor an abuse of discretion where common issues of fact existed, and centralization was convenient and efficient for the parties and the courts.
Civil Procedure 9th Mar. 11, 2025
People v. Olmos
Defendant's 33-years-to-life sentence failed to meet Penal Code Section 1170(d)(1)(A)'s functional equivalent sentencing requirement of life without the possibility of parole.
Criminal Law and Procedure 2DCA/5 Mar. 11, 2025
People v. Terwilligar
Three Strikes Reform Act did not apply in Section 1172.75 resentencing to reduce indeterminate life term, despite the third strike not being a serious or violent felony.
Criminal Law and Procedure 1DCA/5 Mar. 11, 2025
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 Mar. 10, 2025
In re J.F.
A conditional affirmance of a legal guardianship order sufficiently preserved parental rights and allowed father to remain a party to the proceeding, making a conditional reversal unnecessary.
Dependency, Native American Affairs 2DCA/5 Mar. 10, 2025
Hudnall v. Dudek
Despite existing contrary precedent, rejecting lay evidence regarding disability claim without providing germane reasons was plainly not erroneous under new regulations adopted by Commissioner of Social Security regarding such evidence.
Administrative Agencies 9th Mar. 10, 2025