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Modification: Doe 3 v. Superior Court (John Roe DZ 20)
Code of Civil Procedure Section 340.1.3's revival provision did not revive claim against employer based on an employee's conduct because an action against the employee had already been litigated to finality.
Torts 6DCA May 9, 2025
U.S. v. Plancarte
Government did not breach plea agreement by submitting supplemental memorandum opining about defendant's "worrying" conduct and past arrest history.
Criminal Law and Procedure 9th May 9, 2025
Miroth v. County of Trinity
Rooker-Feldman doctrine limiting district courts' jurisdiction did not apply where plaintiffs were not challenging state-court judgment but rather seeking to redress alleged injury by adverse party in the state proceedings.
Civil Procedure 9th May 9, 2025
Amended Opinion: G.C. v. Bondi
During removal withholding proceedings, consideration of applicant's mental condition at time of his offense was properly limited to the extent to which applicant attributed his offense to his illness.
Immigration 9th May 9, 2025
Sanders v. Superior Court (Edward D. Jones & Co., L.P.)
Federal Arbitration Act does not preempt Code of Civil Procedure Section 1281.98's 30-day time limit for arbitration fees.
Arbitration, Civil Procedure 2DCA/7 May 8, 2025
People v. Temple
Instructional error, if any, regarding the impact of defendant's mental disorder on the element of malice was harmless.
Criminal Law and Procedure 4DCA/3 May 8, 2025
Federal Trade Commission v. Microsoft Corp.
Federal Trade Commission failed to establish the requisite likelihood of success to preliminarily enjoin Microsoft's acquisition of video game developer Activision Blizzard, Inc.
Antitrust 9th May 8, 2025
DeFrancesco v. Robbins
Qualified immunity shielded university officials from liability for allegedly violating the First Amendment rights of a university employee by firing the employee in retaliation for a family member's speech.
Qualified Immunity 9th May 8, 2025
People v. Hickman
Petitioner who pled guilty to manslaughter after Senate Bill No. 1437 changed Penal Code Sections 188 and 189 was ineligible for resentencing relief under Section 1172.6.
Criminal Law and Procedure 1DCA/1 May 7, 2025
People v. Anderson
Both lost revenue and paid prize money should be included in restitution amount for defendant who stole and redeemed lottery tickets.
Criminal Law and Procedure 1DCA/5 May 7, 2025
Tillinghast v. Los Angeles Unified School Dist.
School district forfeited jury instruction issues on appeal when it failed to raise the issue during trial.
Civil Procedure 2DCA/8 May 7, 2025
U.S. v. Myers
Mandatory Victims Restitution Act applied to the gradual accumulation of cash deposits from family and friends in inmate's trust account.
Criminal Law and Procedure 9th May 7, 2025
Marriage of J.G. and K.G.
Because family judge failed to specifically delineate reasons for assuming that father's previous abuse against mother overcame legal requirement against awarding him custody, father's custody based on agreement was error.
Family Law 3DCA May 6, 2025
Los Angeles College Faculty Guild v. Los Angeles Community College Dist.
Union's request to arbitrate grievances fell outside the scope of its collective bargaining agreement when core issues were superseded by other laws.
Education, Arbitration 2DCA/8 May 6, 2025
People v. Oyler
Despite media coverage of wildfire set by capital murder defendant, trial court correctly denied change of venue motion given the large size of the county and other factors.
Criminal Law and Procedure CASC May 6, 2025
People v. Whipple
Issue preclusion prevented petitioner from relitigating jury instruction issue to demonstrate she could no longer be convicted of murder because she did not raise instructional error in initial appeal.
Criminal Law and Procedure 4DCA/2 May 5, 2025
Zenith Insurance Co. v. Workers' Compensation Appeals Bd.
Special risk exception did not apply to employee injured during commute because there was no relationship between the risk and the location of the premises/conditions within the employer's control.
Workers' Compensation 3DCA May 5, 2025
People v. Williams
Defendant who did not seek help for victim's injuries and actively impeded another person who eventually found the victim and sought aid exhibited reckless indifference to human life.
Criminal Law and Procedure 4DCA/2 May 5, 2025
North Cascades Conservation Council v. U.S. Forest Service
National Environmental Policy Act required consideration of the cumulative effects of another reasonably foreseeable project when determining whether the impacts were significant and required preparation of an environmental impact statement.
Environmental Law 9th May 5, 2025
Bejarano v. Reubart
District court did not err in denying habeas petitioner an evidentiary hearing, where the failure to develop the factual predicate for petitioner's ineffective assistance claim was attributable to petitioner.
Habeas Corpus 9th May 5, 2025
People v. Lopez-Barraza
Trial court erroneously denied resentencing petition by impermissibly relying on factual findings that conflicted with the jury's determination that defendant was not guilty of conspiracy.
Criminal Law and Procedure 1DCA/2 May 5, 2025
Whitehead v. City of Oakland
Waiver releasing Oakland from liability during charity bike-ride was against public policy to the extent it released the City for negligently violating its statutory duty to maintain public safety.
Contracts, Torts CASC May 2, 2025
Reyes v. Hi-Grade Materials Co.
Death knell doctrine did not apply to order denying class certification where individual and representative Private Attorneys General Act claims remained pending even when plaintiff voluntarily dismissed the remaining claims.
Employment Law, Civil Procedure 4DCA/1 May 1, 2025
Feliciano v. Department of Transportation
A reservist seeking differential pay for service "during a national emergency," need not show that their service bears a substantive connection to a particular emergency.
Government USSC May 1, 2025
Cassirer v. Thyssen-Bornemisza Collection Foundation
Order
9th May 1, 2025
Teter v. Lopez
Order
9th May 1, 2025
Marriage of A.M. and R.Y.
Given the totality of the circumstances, evidence submitted by domestic violence restraining order applicant was legally sufficient to establish abuse.
Family Law 4DCA/1 May 1, 2025
U.S. v. Turrey
Criminal defendant waived claims regarding alleged prejudicial statements made during jury selection issues because his counsel invited the error and failed to object or request remedial action at the time.
Criminal Law and Procedure 9th May 1, 2025
Goebner v. Superior Court (McDonald)
Trial court erroneously dismissed demurrer to probate petition as time-barred under the Code of Civil Procedure, where relevant Probate Code provision should have been applied.
Trust and Estates, Civil Procedure 1DCA/3 May 1, 2025
B.D. v. Superior Court (Contra Costa County Children and Family Services Bureau)
Although mother demonstrated substantive progress in her treatment plan, juvenile court's decision to terminate reunification services was harmless because the children were unlikely to be returned within 18 months.
Dependency 1DCA/3 May 1, 2025