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Gray v. La Salle Bank
Two voluntary dismissals without prejudice in federal court do not categorically bar a state court action.
Civil Procedure 6DCA Sep. 1, 2023
Modification: Infinity Select Insurance Co. v. Superior Court (Cal Leduc)
Because motor carriers, not insurers, bear responsibility for meeting statutory insurance coverage, trial court's raising of the insurer's actual policy limit to meet the requirement was improper.
Insurance 5DCA Sep. 1, 2023
U.S. v. Portillo-Gonzalez
Defendant's challenge to removal order was not challengeable because he failed to exhaust administrative remedies and was not deprived of judicial review.
Immigration 9th Sep. 1, 2023
Flores-Vasquez v. Garland
Under the categorical approach, conviction under Oregon menacing statute was not a crime involving moral turpitude because conviction did not require the infliction of actual harm on another.
Immigration 9th Sep. 1, 2023
Vega v. Garland
Order
9th Sep. 1, 2023
U.S. v. Torres-Giles
District court did not err in sentencing defendant to a longer term than his non-binding Type B plea agreement because they appraised him of the agreement's nature.
Criminal Law and Procedure 9th Sep. 1, 2023
Camacho v. Superior Court (People)
Sexually violent predator's due process rights were not violated despite waiting since 2006 for recomittment trial because the delay was attributable mostly to him or his counsel.
Criminal Law and Procedure CASC Sep. 1, 2023
Carr v. City of Newport Beach
Swimmer diving off a bay-side concrete wall constituted a hazardous recreational activity that limited Newport Beach's liability for his paralyzing injury.
Immunity 4DCA/3 Aug. 31, 2023
LaCour v. Marshalls of California
Private Attorneys General Act claim was timely under Emergency Rule 9, which extended the statute of limitations due to COVID-19.
Employment Law 1DCA/4 Aug. 31, 2023
Krug v. Board of Trustees of the California State Univ.
State university was exempt from statute requiring employers reimburse employees' necessary business expenses because it was a government agency, and applying the statute would infringe its sovereign governmental powers.
Employment Law 2DCA/1 Aug. 31, 2023
Accurso v. In-N-Out Burgers
To meet intervention threshold requirements, non-party Private Attorneys General Act claimants may have a "significantly protectable" interest, even though the state is the real party in interest.
Employment Law 1DCA/4 Aug. 31, 2023
Modification: People v. Vance
When an appellate opinion is admitted at an evidentiary hearing under Section 1172.6 without objection, it is substantial evidence that the trial court can consider.
Criminal Law and Procedure 4DCA/2 Aug. 31, 2023
Smith v. Agdeppa
Immediate threat posed by large, violent man in the gym was sufficient for qualified immunity for police officer accused of using unreasonable deadly force.
Immunity 9th Aug. 31, 2023
Iten v. County of Los Angeles
Landlord had standing to sue based on Contracts Clause violation when he alleged that the County eviction moratorium impaired the original lease agreement's contractual obligations.
Constitutional Law 9th Aug. 31, 2023
Hagey v. Solar Service Experts
Bills sent to homeowner were an attempt to collect an alleged consumer debt for purposes of the Rosenthal Act despite homeowner not actually owing any debt.
Consumer Law 4DCA/3 Aug. 31, 2023
People v. Ceja
California's felon-in-possession-of-ammunition statute does not facially violate the Second Amendment, as the right to bear arms only applies to law-abiding citizens.
Constitutional Law 4DCA/3 Aug. 31, 2023
Modification: Lacy v. City and County of San Francisco
City of San Francisco had constitutional authority to expand electorate for school board elections to include resident noncitizen parents or guardians of school-age children.
Municipal Law 1DCA/5 Aug. 30, 2023
Airlines for America v. City and County of San Francisco
City was acting as a regulator, rather than as a market participant, when it required airlines seeking to use its airport to provide better health benefits to its employees.
Municipal Law 9th Aug. 30, 2023
E. Ohman J:Or Fonder AB v. Nvidia Corp.
Statements from plaintiffs' two confidential witnesses were sufficient to establish that NVIDIA's executive officers made knowingly or recklessly false statements.
Securities 9th Aug. 29, 2023
Dept. of Corrections & Rehabilitation v. Superior Court (Escobedo)
Trial court lacked authority to release lifetime parolee on probation after finding that he committed a new criminal offense and should have remanded him to the Department of Corrections and Rehabilitation.
Criminal Law and Procedure 1DCA/3 Aug. 29, 2023
People v. Moyer
Penal Code's definition of bribery does not require that the target personally receive the thing of value promised in exchange for the official action.
Criminal Law and Procedure 6DCA Aug. 29, 2023
Rossi v. Sequoia Union Elementary School
Where school district employee refused to provide vaccination status or succumb to weekly testing, district's actions against employee were shielded by Confidentiality of Medical Information Act's necessity exception.
Employment Discrimination 5DCA Aug. 29, 2023
U.S. v. Pepe
District court did not err in disallowing certain jury instructions regarding defendant's overseas travel to commit sexual acts on children.
Criminal Law and Procedure 9th Aug. 29, 2023
Housing Authority City of Calexico v. Multi-Housing Tax Credit Partners
Trial court erred in declining to review arbitration award on the merits, where parties agreed to such a review.
Arbitration 4DCA/1 Aug. 29, 2023
A.S. v. Palmdale School District
Complaint form presented to school district that did not mention monetary damages or attempt to estimate value of claim did not comply with the requirements of the Government Claims Act.
Torts 2DCA/8 Aug. 29, 2023
Kerman Telephone Co. v. Public Utilities Commission
Public Utilities Commission's penalty to several phone companies for nondisclosure of stock redemption proceeds violated due process's fair notice requirement.
Utilities 5DCA Aug. 28, 2023
In re T.F.-G.
Defendant's Second Amendment facial challenge to California's firearm licensing regime failed because the unconstitutional good cause requirement was severable from the rest of the statute.
Constitutional Law 6DCA Aug. 28, 2023
U.S. v. Taylor
District court did not unconstitutionally delegate its judicial authority by ordering probation officer to supervise defendant's progress in inpatient treatment and grating officer discretion to reduce but not increase duration of his treatment.
Criminal Law and Procedure 9th Aug. 28, 2023
Alexander v. Nguyen
Pretrial detainee's claims that inadequate medical care in state hospital violated his constitutional rights failed because he could not show his treating physician had acted worse than negligently.
Civil Rights 9th Aug. 28, 2023
Burgos v. Madden
Because Confrontation Clause violation did not substantially compromise jury verdict, habeas relief was unavailable.
Criminal Law and Procedure 9th Aug. 28, 2023