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Name Category Published
People v. Del Rio
Resentencing based on redesignating the defendant's vacated murder conviction as a robbery without reasonable advance notice and opportunity to be heard violated his due process rights. 		Criminal Law and Procedure 4DCA/1 Aug. 4, 2023
Last v. Superior Court (Last)
Premarital agreements that waive spousal support are presumed to be involuntarily executed absent an evidentiary showing and are not per se enforceable. 		Family Law 4DCA/3 Aug. 4, 2023
Silbersher v. Valeant Pharmaceuticals Int'l
In a False Claims Act case, the "substantially the same" prong of the public disclosure bar was not triggered because none of the individual public disclosures directly claimed or furnished a reasonable inference of the fraud allegations. 		Government 9th Aug. 4, 2023
Boshears v. PeopleConnect, Inc.
Federal Arbitration Act did not grant jurisdiction over interlocutory appeal from order denying dismissal merely because it appeared in the same document as an order denying motion to compel arbitration. 		Arbitration 9th Aug. 4, 2023
Brown v. Atchley
Prisoner seeking fourth federal habeas petition did not run afoul of restriction against successive applications because his present claims were not ripe during previous petitions. 		Criminal Law and Procedure 9th Aug. 4, 2023
Ernest Bock, LLC v. Steelman
District court's order staying case was improper because there was substantial doubt as to whether parallel state proceedings would resolve the federal action. 		Civil Procedure 9th Aug. 4, 2023
Chevron U.S.A., Inc. v. County of Monterey
Because Monterey County's Measure Z, which attempted to ban certain environmentally-unfriendly methods of gas and oil extraction, directly conflicted with state laws, it was preempted. 		Municipal Law CASC Aug. 4, 2023
Turner v. Victoria
A nonprofit public benefit corporation director who brings a lawsuit under Corporations Code Sections 5142, 5233, or 5223 does not lose standing if they subsequently lose their director position. 		Corporations CASC Aug. 4, 2023
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. 4, 2023
Earley v. Workers' Compensation Appeals Bd.
The Workers' Compensation Appeals Board's long-standing practice of granting petitions for reconsideration solely for further study violated the clear statutory requirement to state the reasons for granting in detail. 		Employment Law 2DCA/8 Aug. 3, 2023
Modification: People v. Superior Court (Tapia)
Unavailability of judges and courtrooms, though related to COVID, did not justify extending Penal Code Section 1382 deadline when actual cause was due to chronic backlog predating COVID. 		Criminal Law and Procedure 4DCA/2 Aug. 3, 2023
HNHPC v. Dept. of Cannabis Control
The existence of Department of Cannabis Control contracts to design a track-and-trace system did not indisputably establish that the department had actually performed its duty to establish a proper track-and-trace system. 		Administrative Agencies 4DCA/3 Aug. 3, 2023
U.S. v. Scheu
Given that defendant's actions clearly met dictionary and guideline commentary definitions of abduction, district court's application of four-level sentencing enhancement was appropriate. 		Criminal Law and Procedure 9th Aug. 3, 2023
Amended Opinion: Lowery v. Rhapsody International, Inc.
In copyright case, district court erred in awarding over $1.7 million in attorneys' fees when the class members' actual recovery amount was only a little over $50,000. 		Civil Procedure 9th Aug. 3, 2023
Coalition of County Unions v. Los Angeles County Bd. of Supervisors
Amendment requiring 10% of Los Angeles County revenues go to community investment was valid since it was grounded in the County's authority to provide for the operation of local government. 		Constitutional Law 2DCA/3 Aug. 2, 2023
U.S. v. Hougen
Congress has authority under the Thirteenth Amendment to pass 18 U.S.C. § 249(a)(1) which imposes criminal liability for bodily injury to another because of their race or religion. 		Criminal Law and Procedure 9th Aug. 2, 2023
Persian Broadcast Service Global, Inc. v. Walsh
Termination of E-3 visa did not end company's obligation to pay wages or constitute an exception to the Labor Condition Application. 		Employment Law 9th Aug. 2, 2023
Raidoo v. Moylan
Abortion law requiring women in Guam to attend in-person informational meeting before receiving an abortion survived rational basis review. 		Health Care 9th Aug. 2, 2023
People v. Gruis
Probation condition disallowing possession of any pornographic materials was unconstitutionally vague. 		Criminal Law and Procedure 1DCA/3 Aug. 2, 2023
Vilches v. Leao
Defendant therapist was not required to grant plaintiff parent access to his daughter's patient records because the therapist determined that granting access would have a detrimental effect on the patient. 		Health Care 1DCA/4 Aug. 1, 2023
The Oregon Clinic, PC. v. Fireman's Fund Insurance Co.
Under Oregon law, insured's mere loss of use of property due to COVID-19 was not covered under commercial insurance property because it did not allege direct physical loss or damage of the property. 		Insurance 9th Aug. 1, 2023
City and County of San Francisco v. U.S. Environmental Protection Agency
EPA had authority under Clean Water Act to include in San Francisco's pollutant discharge permit two general narrative prohibitions on discharges that cause or contribute to violations of water quality standards. 		Environmental Law 9th Aug. 1, 2023
Boermeester v. Carry
Doctrine of fair procedure did not require private university to hold a live hearing with cross examination before expelling student accused of intimate partner violence. 		Education CASC Aug. 1, 2023
Modification: In re D.L.
Statutory provision criminalizing possessing a loaded firearm in public was not unconstitutional even though "good cause" licensing requirement of related statutory scheme was unconstitutional because the invalid provision was severable. 		Constitutional Law 1DCA/2 Aug. 1, 2023
Pollock v. Superior Court (Schuster)
Plaintiff's counsel reasonably cured the written discovery defect by providing a table that listed which documents applied with each request for production, which gave substantial justification to oppose motion to compel further response. 		Civil Procedure 2DCA/1 Aug. 1, 2023
People v. Suggs
Evidence uncovered during vehicle search should have been suppressed where the searching officer unconstitutionally prolonged the traffic stop after learning his reason for initiating the stop was invalid. 		Criminal Law and Procedure 3DCA Aug. 1, 2023
Aton Center v. United Healthcare Insurance Co.
Substance abuse treatment center's implied contract claim against insurance companies failed because there was no outward manifestation from the insurer's representatives about the reimbursement rate. 		Contracts 4DCA/1 Jul. 31, 2023
In re Jayden M.
The reasonableness of a parent's efforts to address a problem that led to termination of parental rights is to be measured from the point at which the first sibling or half sibling is removed for the same reasons that underlie the current case. 		Dependency 2DCA/2 Jul. 31, 2023
Modification: Ridec LLC v. Hinkle
Deed of trust still valid where quiet title judgment regarding the subject property was later set aside for fraud because the encumbering party had no knowledge of the judgment's defects. 		Real Property 2DCA/2 Jul. 31, 2023
People v. Escobedo
Order denying freestanding petitions for resentencing was not appealable as an order affecting the petitioners' substantive rights as the trial court lacked jurisdiction to adjudicate the petitions. 		Criminal Law and Procedure 2DCA/6 Jul. 31, 2023
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