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People v. Aranda
Although peremptory challenges to prospective jurors for an expressed distrust of law enforcement were presumptively invalid by statute, the same was not true of challenges for cause for the same reasons. 		Criminal Law and Procedure 4DCA/3 Sep. 11, 2023
Alonso-Juarez v. Garland
A petitioner must file a petition for review of an immigration judge's determination of reasonable fear of persecution or torture thirty days after the reasonable fear proceeding. 		Immigration 9th Sep. 11, 2023
Yeh v. Superior Court (Mercedes-Benz USA, LLC)
Nonsignatory car manufacturer could not enforce arbitration provisions based on equitable estoppel where the plaintiffs' claims were not intimately founded and intertwined with the agreements containing the provisions. 		Arbitration 1DCA/4 Sep. 8, 2023
United Aeronautical Corp. v. United States Air Force
Because plaintiff government contractor's claim fell within the Contract Disputes Act's exclusive jurisdiction, those claims required litigation in the Court of Federal Claims. 		Government 9th Sep. 8, 2023
Saloojas Inc. v. Aetna Health of California Inc.
Section 3202(a)(2) of the CARES Act does not create a private right of action for providers to sue insurers. 		Health Care 9th Sep. 8, 2023
Baird v. Bonta
Plaintiffs' preliminary injunction for an alleged Second Amendment constitutional violation was improperly dismissed because the district court failed to analyze the claim's likelihood of success on the merits. 		Civil Procedure 9th Sep. 8, 2023
Tsakopoulos Investments, LLC v. County of Sacramento
Lead agency's methodology for estimating project's greenhouse gas emissions differed from methodologies previously rejected by the California Supreme Court for lack of substantial evidence. 		Environmental Law 3DCA Sep. 8, 2023
In re N.F.
Section 388 petition to reinstate reunification services could not be used to allege Indian Child Welfare Act violation that had been part of a permanency order decided a year prior. 		Dependency 2DCA/3 Sep. 7, 2023
Marquez v. Rodriguez
Court declined to create a new *Bivens* action for plaintiff's Fifth Amendment failure-to-protect claim against jail officers who refused to place him in protective custody. 		Civil Rights 9th Sep. 7, 2023
Estate of Wheeler v. Garrison Property and Casualty Insurance Company
Order 		9th Sep. 7, 2023
In re V.C.
Rejecting other appellate opinions to the contrary, the duty to make ICWA inquiry of "extended family members" applies even if the children were not taken into "temporary custody" pursuant to Section 306. 		Dependency 1DCA/2 Sep. 7, 2023
People v. Perez-Robles
Unlawful restraint does not require physical restraint and may be accomplished by perpetrator's words, acts, or authority. 		Criminal Law and Procedure 3DCA Sep. 7, 2023
Ranger v. Alamitos Bay Yacht Club
Yacht club worker's sole remedy is with California workers' compensation law rather than federal admiralty law since state compensation laws cannot be preempted to maintain maritime uniformity. 		Maritime Law 2DCA/8 Sep. 7, 2023
Westlands Water District v. All Persons Interested et al.
To obtain judicial decree validating water district's contract with government, essential term of district's repayment obligation was necessary. 		Water Rights 5DCA Sep. 6, 2023
People v. Lashon
Defendant's California Racial Justice Act claim of implicit racial bias by the trial judge was forfeited because she did not file the claim with the trial court and instead raised the claim for the first time on appeal. 		Criminal Law and Procedure 1DCA/3 Sep. 6, 2023
People v. Harrell
Military veteran serving stipulated sentence was not categorically ineligible for resentencing based on service-related disorders merely because he was serving a stipulated sentence. 		Criminal Law and Procedure 4DCA/2 Sep. 6, 2023
Solar Energy Industries Assoc. v. Federal Energy Regulatory Commission
The Federal Energy Regulatory Commission violated National Environmental Policy Act by failing to prepare, at minimum, an environmental assessment regarding non-utility-owned energy producer orders. 		Environmental Law 9th Sep. 6, 2023
Tong v. U.S.
Ineffective counsel habeas claims as to an earlier habeas petition were not a second or successive petition because defendant could not have raised them in the earlier petition. 		Prisoners' Rights 9th Sep. 6, 2023
The Law Firm of Fox and Fox v. Chase Bank
Bank owed a duty to law firm that was to be paid from blocked account that required court order for withdrawals. 		Torts 2DCA/7 Sep. 6, 2023
Coastal Protection Alliance v. Airbnb
The increased residency of a property caused by an Airbnb short-term rental does not change a residential property into a "development" under the Coastal Act. 		Environmental Law 2DCA/3 Sep. 6, 2023
Barrera v. Apple American Group LLC
While employers could compel arbitration of former Applebee's employees' individual PAGA claims, the aggrieved employees retained standing to bring their non-individual PAGA claims in court. 		Arbitration 1DCA/2 Sep. 5, 2023
Finley v. Superior Court (People)
Trial court improperly adjudicated Racial Justice Act violation; weighing evidence instead of just determining whether defendant made a prima facie showing. 		Criminal Law and Procedure 1DCA/4 Sep. 5, 2023
People v. Njoku
Appellate court was entitled to defer to factual findings on the record in concluding that defendant was not entitled to felony murder resentecing. 		Criminal Law and Procedure 3DCA Sep. 5, 2023
People v. Doron
Remand was appropriate for trial court to reconsider motion for pretrial mental health diversion considering new, retroactive legislative presumption that defendant's mental disorder was a significant factor in his crimes. 		Criminal Law and Procedure 4DCA/1 Sep. 5, 2023
People v. Rojas
Penal Code Section 1172.6 provides sentencing courts with discretion to impose parole regardless of excess custody credits. 		Criminal Law and Procedure 2DCA/4 Sep. 5, 2023
Huffman v. Lindgren
Attorney-litigant's claims that his complaint was merely poorly drafted and was not intended to include federal claims did not justify remand to state court. 		Attorneys 9th Sep. 5, 2023
Center for Biological Diversity v. USFS
United States Forest Service was not liable as a contributor for contamination under Resource Conservation and Recovery Act since it played merely a passive role in disposal of hazardous lead ammunition. 		Environmental Law 9th Sep. 5, 2023
People v. Jenkins
Substantial evidence did not support court's order involuntarily recommitting mentally disordered defendant to state hospital. 		Evidence 4DCA/1 Sep. 5, 2023
Punchbowl Inc. v. AJ Press LLC
Order 		9th Sep. 5, 2023
People v. Castaneda-Prado
Victim's admission that she accused defendant to help her mother obtain an immigration visa was admissible to attack her credibility. 		Evidence 1DCA/4 Sep. 1, 2023
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