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Doe I v. Cisco Systems, Inc.
Allegations that corporate defendant knowingly provided technology that assisted Chinese Public Security in identifying and torturing Falun Gong adherents was sufficient to state a claim under customary international law.
International Law 9th Jul. 10, 2023
Bernal v. Sacramento County Sheriff's Dept.
Parents of teen suspected of possibly executing a school shooting may be detained for a short period because of the special circumstances.
Civil Rights 9th Jul. 10, 2023
Amended Opinion: Johnson v. City of Grants Pass
Under the Eight Amendment's Cruel and Unusual Punishment Clause, homeless individuals may not be prosecuted for protecting themselves against the elements.
Constitutional Law 9th Jul. 7, 2023
People v. Gaines
Stepping out of a vehicle and discharging a firearm falls under discharging a firearm from a vehicle.
Criminal Law and Procedure 5DCA Jul. 7, 2023
U.S. v. Roper
District courts' discretion in resentencing cases includes the ability to consider decisional changes in the law to determine whether extraordinary and compelling reasons for granting relief exist.
Criminal Law and Procedure 9th Jul. 7, 2023
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 Jul. 7, 2023
Kuciemba v. Victory Woodworks, Inc.
Construction company did not owe a duty of care to worker's wife who was infected with COVID-19 because recognizing such a duty would create an intolerable burden on society.
Torts CASC Jul. 7, 2023
People v. Jackson
Assembly Bill No. 1950 applied retroactively to reduce probation term and prevented alleged violations occurring more than two years after term began from serving as basis for revoking probation.
Criminal Law and Procedure 1DCA/4 Jul. 7, 2023
Modification: Raju v. Superior Court
Plaintiffs sufficiently alleged a taxpayer cause of action based upon the court's asserted violations of statutes that require expediting and prioritizing criminal proceedings.
Civil Procedure 1DCA/4 Jul. 7, 2023
People v. Newell
Senate Bill No. 483 resentencing pursuant to Penal Code Section 1172.74(b) must be initiated by the Department of Corrections and Rehabilitation, not the prisoner.
Criminal Law and Procedure 2DCA/6 Jul. 7, 2023
Nigel B. v. Burbank Unified School District
Although student-plaintiff had been injured during PE touch football game, the primary assumption of the risk doctrine did not apply because his participation was mandatory.
Torts 2DCA/5 Jul. 6, 2023
Blue Mountains Biodiversity Project v. Jeffries
Because the U.S. Forest Service retained control and considered several alternatives, its project replacing diseased trees with disease-resistant ones did not violate the National Environmental Policy Act.
Environmental Law 9th Jul. 6, 2023
Washington v. Kijakazi
Pro se litigant impliedly consented to magistrate judge's authority to enter final judgment where he was apprised of the consequences of consent but only objected following an unfavorable decision.
Judges 9th Jul. 6, 2023
Gonzalez v. Google
Order
9th Jul. 6, 2023
Project Veritas v. Schmidt
Oregon law prohibiting unannounced recordings of conversations was facially invalid as a content-based restriction that violates free speech.
Constitutional Law 9th Jul. 6, 2023
Braugh v. Dow
Defendant's motion to vacate default was timely because the judgment was void, as plaintiff had improperly served the summons herself.
Civil Procedure 2DCA/8 Jul. 6, 2023
People v. Hernandez
Defendant's motion to withdraw a plea should have been brought in the county where he was prosecuted and sentenced, not where he lived during probation.
Criminal Law and Procedure 2DCA/8 Jul. 6, 2023
Price v. Superior Court (People)
Where first stage of Google's production protocol for executing geofence warrant narrowly identified time and location, that the succeeding stages allowed officer more discretion was immaterial for Fourth Amendment analysis.
Criminal Law and Procedure 4DCA/2 Jul. 6, 2023
Mendoza-Linares v. Garland
Order
9th Jul. 6, 2023
Herbal Brands, Inc. v. Photoplaza, Inc.
Because defendants' actions met expressly-aimed requirement establishing sufficient minimum contacts, Arizona district court had personal jurisdiction over defendants who used their Amazon storefronts to sell plaintiff's brand of products.
Civil Procedure 9th Jul. 6, 2023
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 Jul. 6, 2023
People v. Hilburn
Trial court appropriately imposed middle term in sentencing, despite mitigating circumstances.
Criminal Law and Procedure 4DCA/1 Jul. 6, 2023
Ahn v. Stewart Title Guaranty Co.
Sales executive lacked standing to bring a Cartwright Act antitrust claim because his job termination was not an "antitrust injury."
Antitrust 4DCA/1 Jul. 6, 2023
Wong v. Stillwater Insurance Co.
Married couple was not covered for "direct physical loss" by their insurance policy since there was no direct evidence that their stored embryos had gone through a demonstrable physical alteration.
Insurance 1DCA/2 Jul. 5, 2023
Keene-Stevens v. Commissioner of Internal Revenue
The Tax Court erred by accepting, in individual deficiency proceedings, the partnership losses that taxpayers claimed on unsigned, unfiled tax forms to offset their non-partnership income.
Tax 9th Jul. 5, 2023
People v. Campbell
Intent to kill finding does not preclude relief as a matter of law for defendants seeking resentencing based on felony murder amendments.
Criminal Law and Procedure 1DCA/2 Jul. 5, 2023
Tiedemann v. Blanckense
Prisoner's transfer did not moot complaint challenging the Bureau of Prison's phone time cap where the alleged injury was caused by system-wide policy and a named defendant could provide relief.
Prisoners' Rights 9th Jul. 5, 2023
Hacker v. Fabe
Plaintiff was the alter ego of his company since his manipulation of assets and destruction of records suggested there was no separate personality between him and the company.
Corporations 2DCA/8 Jul. 5, 2023
Amended Opinion: U.S. v. Orozco-Barron
Amended_opinion
Criminal Law and Procedure 9th Jul. 5, 2023
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. 3, 2023