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Idaho Conservation League v. Poe
Because defendant's suction dredge mining activity was not a simple transfer of water, it required a Clean Water Act permit.
Environmental Law 9th Nov. 21, 2023
People v. Salazar
Case was remanded for resentencing under the newly enacted Senate Bill No. 567 because defendant had qualifying psychological trauma and violence criminal history did not outweigh the lower term presumption.
Criminal Law and Procedure CASC Nov. 21, 2023
Gantner v. PG&E Corp.
Public Utilities Code Section 1759 barred class action lawsuit alleging electric company's negligent maintenance of power grids economically harmed its customers.
Utilities CASC Nov. 21, 2023
People v. Mosqueda
California's gun licensing statute does not facially violate the Second Amendment because its invalid portions were severable.
Constitutional Law 3DCA Nov. 21, 2023
People v. Banks
Sufficient evidence supported finding that criminal defendant used force to cause a minor to engage in a commercial sex act where text messages showed defendant was abusive and psychologically manipulative.
Criminal Law and Procedure 2DCA/6 Nov. 21, 2023
People v. Allen
Defendant was ineligible for felony murder amendment resentencing because all charges the jury was instructed on required a finding of intent to kill.
Criminal Law and Procedure 2DCA/6 Nov. 21, 2023
Griffin v. HM Florida-ORL LLC
Order
USSC Nov. 20, 2023
Land v. California Unemployment Insurance Appeals Bd.
Order
1DCA/1 Nov. 20, 2023
People v. Reyes
Defendant was ineligible for resentencing under Penal Code Section 1172.6 because his conviction occurred after the changes to murder liability had already become effective.
Criminal Law and Procedure 5DCA Nov. 20, 2023
Zuniga De La Cruz v. Garland
Exclusionary rule does not apply to civil immigration proceedings, so statements admitting illegal presence in the United States were admissible absent any evidence of coercion.
Immigration 9th Nov. 20, 2023
In re Hicks
Mixed offense inmate who was not currently serving the sentence for his violent felony was not entitled to early parole consideration.
Criminal Law and Procedure 2DCA/2 Nov. 20, 2023
Modification: Tak Chun Gaming Promotion Company Limited v. Long
California's well-established, extensive public policy against gambling indebtedness prevented foreign entity's attempt to use California court to enforce gambling debt.
Gaming 2DCA/2 Nov. 20, 2023
Escamilla v. Vannucci
Trial court did not err in granting defendant attorney's anti-SLAPP motion because malicious prosecution claim was time-barred by one-year statute of limitations.
Attorneys 1DCA/1 Nov. 17, 2023
In re: Complaint of Judicial Misconduct
Order
9th Nov. 17, 2023
Glanden v. Kijakazi
Denial of social security disability insurance benefits at step two of the five-step process was improper because only a de minimis showing of disability was required to proceed with the analysis.
Administrative Agencies 9th Nov. 17, 2023
Lurner v. American Golf Corp.
Golf course did not discriminate against plaintiff with pulmonary arterial hypertension because it provided reasonable modifications to its golf cart policies, exempting him from many, though not all normal cart restrictions.
Disability Discrimination 4DCA/3 Nov. 16, 2023
People v. Gomez
Remanding restitution order for noneconomic losses was necessary where the record contained no evidence regarding of the impact the crimes had on the victim.
Criminal Law and Procedure 1DCA/5 Nov. 16, 2023
In re Kayla W.
Court did not violate UCCJEA in terminating parental rights without consulting Nevada court, which had already relinquished jurisdiction.
Dependency 2DCA/3 Nov. 16, 2023
People v. Villegas
Defendant must be informed of potential longer sentence to not run afoul of due process fair notice violation.
Criminal Law and Procedure 1DCA/1 Nov. 16, 2023
Oswald v. Landmark Builders
Trial court was within its discretion to determine that COVID-19 courtroom closures did not make it impossible or impractical for plaintiffs to commence trial in a timely fashion.
Civil Procedure 1DCA/3 Nov. 16, 2023
Castaic Studios v. Wonderland Studios
Because the parties specified that their contract was a license agreement--not a lease--and was to be governed by contract law, the landowner could not pursue an unlawful detainer action.
Contracts 2DCA/5 Nov. 16, 2023
Marriage of V.S. & V.K.
Trial court did not err by concluding that the Hindu marriage ceremony was not legally binding on spouse who was not domiciled in India and did not submit to be bound by the Hindu Marriage Act of 1955.
Family Law 6DCA Nov. 16, 2023
Sepanossian v. National Ready Mix Co.
Allegations that fees for energy and environmental costs were unrelated to any actual costs borne by the defendant and were deceptive were sufficient to state a claim for unfair competition.
Business Law 2DCA/7 Nov. 16, 2023
Zepeda v. Superior Court (People)
The term "circumstances in aggravation" in the amended Penal Code Section 1170(b)(2) refers to aggravating factors listed in California Rules of Court, Rule 4.421 and they are not unconstitutionally vague.
Criminal Law and Procedure 1DCA/4 Nov. 15, 2023
Jimenez v. Chavez
Application to set aside default was properly denied because, although it was timely, it was not in the proper form since it was unaccompanied by a proposed responsive pleading.
Civil Procedure 4DCA/2 Nov. 15, 2023
People v. Rhodius
Defendant was not entitled to full resentencing because his now-invalid prison-prior enhancements had been previously stayed.
Criminal Law and Procedure 4DCA/2 Nov. 15, 2023
City of Marina v. County of Monterey
Where other local entities failed to form a groundwater agency, the Sustainable Groundwater Management Act allowed for local county to form groundwater agency and decide management of overlapped area.
Water Rights 6DCA Nov. 15, 2023
Statement of the Court Regarding the Code of Conduct
Order
USSC Nov. 15, 2023
Martin v. Board of Trustees of the California State University
Because defendant had a legitimate basis for firing employee which employee failed to rebut, trial court appropriately granted summary judgment for defendant.
Employment Discrimination 2DCA/8 Nov. 15, 2023
Nicoletti v. Kest
Apartment complex owner did not owe a duty to injured woman since running rainwater on a concrete driveway was an obvious dangerous condition.
Torts 2DCA/8 Nov. 15, 2023