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Alaska Railroad Corp. v. Flying Crown Subdivision
District Court properly granted summary judgment for Alaska Railroad Corp. in property rights action regarding a 100-year-old railroad easement.
Real Property 9th Sep. 19, 2023
Santa Paula Animal Rescue Center, Inc. v. County of Los Angeles
County lacked discretion to refuse to release dog scheduled for euthanasia that it determined had behavioral problems where non-profit animal rescue organization requested the dog's release before the scheduled euthanasia.
Animal Law 2DCA/5 Sep. 19, 2023
Garcia v. Gateway Hotel L.P.
With Americans with Disabilities Act claims, courts may discretionarily award costs to the prevailing party pursuant to Federal Rule of Civil Procedure 54(d)(1).
Disability Discrimination 9th Sep. 18, 2023
Cruz v. City of Merced
Trial court erred in applying collateral estoppel against a police officer based on findings in a criminal suppression hearing regarding an allegedly illegal search the officer had performed.
Civil Procedure 5DCA Sep. 15, 2023
Li v. Jenkins
Anti-SLAPP motion was properly denied since there was no "functional relationship" between excluding an executive producer of a popular docuseries and the public interest in the project and its themes.
Anti-SLAPP 2DCA/8 Sep. 15, 2023
People v. Pomar
Entire district attorney's office may be recused when facts show that "ethical wall" was not enough to shield District Attorney's influence in case involving her relative.
Criminal Law and Procedure 1DCA/5 Sep. 15, 2023
Modification: North Coast Village Condominium Assn. v. Phillips
Because opposing party was inadequately notified, trial court abused discretion in granting civil harassment restraining order when complaint sought workplace violence restraining order.
Civil Procedure 4DCA/1 Sep. 15, 2023
Modification: SHR St. Francis, LLC v. City and County of San Francisco
Hotel's valuation for property tax reassessment should not have included intangible assets such as in-room movies and laundry services.
Tax 1DCA/5 Sep. 15, 2023
Martin v. THI E-Commerce, LLC
The Americans with Disabilities Act does not apply to websites without a connection to a physical location.
Disability Discrimination 4DCA/3 Sep. 15, 2023
People v. Manzoor
Reduction of defendant's felony violation of attempting to distribute harmful material to a minor to a misdemeanor did not relieve him of his lifetime duty to register as a sex offender.
Criminal Law and Procedure 1DCA/1 Sep. 15, 2023
Kitchen v. Kijakazi
Administrative Law Judge did not err in excluding claimant's Veterans Affairs disability rating from analysis of disability insurance claim.
Administrative Agencies 9th Sep. 15, 2023
Amended Opinion: Clifton Capital Group, LLC v. Sharp
Unsecured creditor's alleged injury was too conjectural to object to trustee's compensation enhancement where the debtor's bankruptcy plan proposed to pay allowed claims in full.
Bankruptcy 9th Sep. 15, 2023
Hermosillo v. Garland
Noncitizen was entitled to merits hearting because his credible testimony regarding cartel violence against relatives was sufficient for preliminary showing that he faced reasonable possibility of torture if removed.
Immigration 9th Sep. 15, 2023
Rudnitskyy v. Garland
Lawful permanent resident convicted of aggravated felony after residing in the United States for seven years was ineligible for relief because he committed the offense before the seven year period ended.
Immigration 9th Sep. 15, 2023
Modification: Piedmont Capital Management, L.L.C. v. McElfish
Lender's breach action was timely as to missed monthly installment payments still within the limitations period and unpaid accelerated future payments because the borrower's duties under the agreement were divisible.
Contracts 2DCA/2 Sep. 15, 2023
Marriage of C.D. and G.D.
Father had no right to object to Mother's educating decisions for their twin daughters because she had sole legal custody.
Family Law 2DCA/6 Sep. 14, 2023
Fellowship of Christian Athletes v. San Jose Unified School District
School district's non-discriminatory student club policy was not generally applicable because the district retained and exercised discretion to exempt groups from the policy, subjecting it to strict scrutiny.
Constitutional Law 9th Sep. 14, 2023
Junior Sports Magazines, Inc. v. Bonta
Plaintiff demonstrated a likelihood of success on the merits because California law restricting lawful commercial speech directed at minors regarding firearm-related products was more extensive than necessary.
Constitutional Law 9th Sep. 14, 2023
U.S. v. Montoya
A court must orally pronounce all discretionary conditions of supervised release to protect a defendant's due process right to be present at sentencing.
Criminal Law and Procedure 9th Sep. 14, 2023
People v. Slaton
Penal Code Section 352.2, which limits the admissibility of creative expression evidence (such as rap lyrics), does not apply retroactively.
Criminal Law and Procedure 3DCA Sep. 13, 2023
In re Jerry R.
Disagreeing with other appellate courts, a welfare department must inquire into whether a child placed into protective custody is an Indian child.
Juveniles 5DCA Sep. 13, 2023
Impossible Foods Inc. v. Impossible X LLC
Texas LLC was subject to specific personal jurisdiction in California for a trademark suit because it previously operated and built its trademarks and brand there.
Civil Procedure 9th Sep. 13, 2023
Earth Island Institute v. Muldoon
Plaintiff could not demonstrate likelihood of success on the merits because challenged agency action was an identified categorical exclusion to environmental impact reporting requirements.
Environmental Law 9th Sep. 13, 2023
People v. Escobedo
Trial court's order was nonappealable when it lacked jurisdiction to adjudicate petitions to strike prior prison term enhancements pursuant to Section 667.5(b).
Criminal Law and Procedure 2DCA/6 Sep. 13, 2023
Doe v. Superior Court (Na Hoku, Inc.)
Fees and costs owed for a pending employee or consumer arbitration proceeding must be received by the arbitrator within 30 days and a check that arrived after was untimely.
Arbitration 1DCA/3 Sep. 12, 2023
Estate of Sanchez
Non-attorney personal representative of estate proceeding without counsel in action filed on behalf of the estate that required representing the interests of others was an unauthorized practice of law.
probate_and_trusts 6DCA Sep. 12, 2023
Swinomish Indian Tribal Community v. Lummi Nation
District Court correctly held that the Lummi Nation's usual and accustomed fishing grounds did not extend to the disputed waters at issue.
Native American Affairs 9th Sep. 12, 2023
Marriage of C.D. and G.D.
Trial court was not required to order a child custody sexual abuse evaluation under Family Code Section 3118 to find that father sexually abused his twin daughters.
Family Law 2DCA/6 Sep. 12, 2023
People v. Narro
Victims of defendant's sexual offenses were entitled to noneconomic damages to replace beds and living room furniture that reminded them of the sexual acts based on the psychological trauma suffered.
Criminal Law and Procedure 4DCA/2 Sep. 11, 2023
Modification: Santa Rita Union School District v. City of Salinas
City was not required to include school project alternatives stemming from a potential lack of funding in its environmental impact report.
Environmental Law 6DCA Sep. 11, 2023