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LNSU #1, LLC v. Alta Del Mar Coastal Collection Community Assn.
Though trial court ruled in favor of defendant, plaintiff's Open Meeting Act action was not frivolous or unreasonable, despite the court's finding of unclean hands and plaintiff's rejection of a settlement offer.
Real Property 4DCA/1 Aug. 28, 2023
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 Aug. 25, 2023
In re: Andres R.
Department of Public Social Services' duty to ask extended family members about child's Indian status applies when the child is placed into "temporary custody," not if placed into "protective custody."
Juveniles 4DCA/2 Aug. 25, 2023
U.S. v. Estrada
District court had jurisdiction over revocation proceedings where the defendant had been on supervised release and had violated its conditions regardless of whether the underlying supervision sentence was lawful.
Criminal Law and Procedure 9th Aug. 25, 2023
Ashker v. Newsom
Settlement agreement's extension was improper when, compared to general population, special unit's confinement conditions were not atypical, imposing substantial hardship.
Prisoners' Rights 9th Aug. 25, 2023
Oracle USA Inc. v. Rimini Street Inc.
Interpretation of permanent injunction as precluding a party from engaging in de minimis copying that did not violate the Copyright Act was overly burdensome and improper.
Copyright 9th Aug. 25, 2023
In re: Law Offices of Ben C. Martin v. Babbitt & Johnson PA
District court had the authority to order assessments for a common benefit fund based on the Multi-District Litigation statute.
Civil Procedure 9th Aug. 25, 2023
Amended Opinion: Duenas v. Garland
The appointment and removal processes for Immigration Judges and BIA members comport with Article II of the Constitution, because they are inferior officers, rather than principal officers.
Immigration 9th Aug. 25, 2023
People v. Martinez
Regulation prohibiting notice agreements between bail bond agents and inmates survived First Amendment intermediate scrutiny because the law directly advanced the state's interests in secure jail administration.
Constitutional Law CASC Aug. 25, 2023
Pico Neighborhood Association v. City of Santa Monica
The federal Voting Rights Act's majority-minority requirement is not required for a California Voting Rights Act claim.
Government CASC Aug. 25, 2023
Modification: Fischl v. Pacific Life Insurance Co.
Release of claims resulting from broker's acts barred any liability for insurance company based on allegedly negligent suitability analysis conducted by the broker and relied upon by the insurer.
Insurance 2DCA/2 Aug. 25, 2023
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 Aug. 25, 2023
Iloh v. Regents of the University of California
Professor's petition to prevent disclosure of her communications with academic journals arose from protected activity under the Anti-SLAPP statute because the disclosure request was a newsgathering effort.
Anti-SLAPP California Courts of Appeal Aug. 25, 2023
People v. Miller
Prohibiting carrying a concealed firearm in a vehicle without a license does not violate the Second Amendment regardless of the constitutionality of California's firearm licensing statutes.
Constitutional Law 3DCA Aug. 25, 2023
Geringer v. Blue Rider Finance
Lawyer's dual role as advocate-witness was not disqualifying where client gave informed consent and there was no evidence of prejudice to the opposing party or injury to the judicial process.
Attorneys 2DCA/7 Aug. 24, 2023
Modification: Altizer v. Coachella Valley Conservation Commission
Public entity was entitled to hazardous recreational activity immunity for injuries sustained on its property by off-road motorcyclist even though he was not engaged in the activity for recreational purposes.
Immunity 4DCA/2 Aug. 24, 2023
Inzunza v. Naranjo
An agent's deemed admissions for failing to serve responses do not bind a principal codefendant even when the basis for the action against the principal codefendant is vicarious liability arising from the agent's acts.
Civil Procedure 2DCA/4 Aug. 23, 2023
In re R.F.
Because notice to grandmother regarding her grandchildren's emergency removal from her care was inadequate, her objection to the removal was not untimely.
Dependency 4DCA/2 Aug. 23, 2023
Wit v. United Behavioral Health
Plaintiffs, beneficiaries of ERISA-governed health plans, had Article III standing to bring breach of fiduciary duty and improper denial of benefits claims under ERISA against the claims administrator.
Employment Law 9th Aug. 23, 2023
Rhonda S. v. Kaiser Foundation Health Plan
Neither the Lanterman-Petris Short Act nor a health plan required Kaiser to evaluate and treat conservatee merely upon delivery to Kaiser facility.
Health Care 2DCA/8 Aug. 22, 2023
People v. The North River Insurance Co.
Forfeiture of bail bond was not appropriate where bail company located the defendant in Mexico but prosecutors failed to make an extradition decision before end of appearance period.
Criminal Law and Procedure 2DCA/8 Aug. 22, 2023
Safechuck v. MJJ Productions, Inc.
Michael Jackson's wholly owned corporation had a legal duty to protect the two children it employed from molestation at the hands of Jackson.
Torts 2DCA/8 Aug. 22, 2023
Raines v. U.S. Healthworks Medical Group
Business entities carrying out Fair Employment and Housing Act-regulated activities on behalf of an employer may be held directly liable for FEHA violations.
Employment Discrimination CASC Aug. 22, 2023
Association for Los Angeles Deputy Sheriffs v. County of Los Angeles
Section 21 of the L.A. County Charter does not grant county counsel exclusive authority to settle appeals of discipline that are pending before the County Civil Service Commission.
Municipal Law 2DCA/1 Aug. 22, 2023
Altizer v. Coachella Valley Conservation Commission
Public entity was entitled to hazardous recreational activity immunity for injuries sustained on its property by off-road motorcyclist even though he was not engaged in the activity for recreational purposes.
Immunity 4DCA/2 Aug. 22, 2023
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 Aug. 21, 2023
Amended Opinion: Johnson v. Barr
Defendant officers were entitled to qualified immunity in a false arrest case for misdemeanor public intoxication and felony child endangerment.
Civil Rights 9th Aug. 21, 2023
Federal Energy Regulatory Commission v. Vitol Inc., et al.
Five-year limitations period for a federal action to enforce a Federal Power Act penalty begins once the Federal Energy Regulatory Commission has issued a notice of proposed penalty.
Administrative Agencies 9th Aug. 21, 2023
Nasby v. State of Nevada
Prisoner lacked standing to pursue his access-to-courts claim where he could not show an actual injury because his allegedly hindered claim was frivolous.
Prisoners' Rights 9th Aug. 21, 2023
Cave Landing, LLC v. California Coastal Commission
Despite local county's issuance of coastal development permit, the California Coastal Commission's ultimate authority over coastal area properties superseded county permit.
Real Property 2DCA/6 Aug. 21, 2023