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Malmquist v. City of Folsom
Trial court did not abuse its discretion in determining that individual interests predominated where expert evidence showed that at least some class members' pipe leaks were from poor workmanship rather than defendant's pH control.
Civil Procedure 3DCA May 16, 2024
Briskin v. Shopify, Inc.
Order
9th May 16, 2024
Save the Capitol, Save the Trees v. Dept. of General Services
Trial court erred by discharging preemptory writ of mandate without first determining whether defendant remedied CEQA compliance issues previously identified by the Court of Appeal.
Environmental Law, Civil Procedure 3DCA May 16, 2024
People v. Ellis
Criminal defendant who stipulated to upper term at original sentencing was not entitled to full resentencing with the middle term as the presumptive default sentence.
Criminal Law and Procedure 2DCA/6 May 16, 2024
Amended Opinion: Apache Stronghold v. U.S.
Apache tribe members were unlikely to succeed on their Free Exercise Clause claim against a transfer of sacred land because the transfer would not coerce them into acting contrary to their religious beliefs.
Constitutional Law 9th May 15, 2024
Helm v. City of Los Angeles
Because pedestrian's slip-and-fall occurred in area that was integral to the location and design of a recreational trail's pathway, trail immunity shielded the city.
Government 4DCA/1 May 15, 2024
D.K. v. Office of Administrative Hearings
Criminal defendants who are incompetent to stand trial are eligible for administrative mandamus writ relief from involuntary medication orders.
Criminal Law and Procedure 1DCA/3 May 15, 2024
Holland et al. v. Silverscreen Healthcare, Inc.
Trial court erred by denying nursing facility's petition to compel arbitration as to decendent's parents' wrongful death cause of action.
Arbitration, Torts 2DCA/2 May 14, 2024
People v. Arias
Prosecution's peremptory strike of a Black, female prospective juror for facially neutral reasons that were unsupported or implausible did not withstand scrutiny and required reversal.
Criminal Law and Procedure 1DCA/1 May 14, 2024
3 Stonedeggs, Inc. et al. v. Workers' Compensation Appeals Board et al.
Employee who was injured while driving into town from temporary work camp was covered under the Commercial Traveler rule despite employer expectation that employees avoid driving into town.
Workers' Compensation 3DCA May 14, 2024
Sandoval v. Texas
Order
USSC May 14, 2024
Equinix LLC et al. v. County of Los Angeles
Despite being the property's original owner, because property lessor's lease term was less than 35 years, it triggered change in ownership and subsequent property tax reassessment.
Real Property, Taxation 2DCA/1 May 13, 2024
Diaz v. Macys West Stores Inc.
District court erred by compelling arbitration of non-individual Private Attorneys General Act claims.
Arbitration, Employment Law 9th May 13, 2024
Bui v. Ky
Plaintiff, wife of a local politician, was not a limited-purpose public figure who needed to show defendants acted with malice in their anti-SLAPP motion.
Anti-SLAPP 4DCA/3 May 10, 2024
Culley v. Marshall
Separate preliminary hearings were constitutionally unwarranted when case law established that car owners' due process rights were protected by timely civil forfeiture hearings.
Constitutional Law USSC May 10, 2024
Warner Chappell Music, Inc. v. Nealy
Copyright plaintiffs may recover damages for acts that allegedly occurred more than three years before the filing of the lawsuit if the claims are timely filed.
Copyright, Civil Procedure USSC May 10, 2024
U.S. v. Duarte
Federal statute banning non-violent convicts from possessing firearms violated defendant's Second Amendment rights.
Constitutional Law, Criminal Law and Procedure 9th May 10, 2024
Bafford v. Administrative Committee of the Northrop Grumman Pension Plan
An ERISA plan administrator's duty to provide pension benefit statements is not met if the provided statements are substantially inaccurate.
Employment Law, Civil Procedure 9th May 10, 2024
Bassi v. Bassi
Domestic violence restraining order was not struck even though some of anti-SLAPP movant's activity was protected because restraining order petition had requisite minimal merit.
Anti-SLAPP, Family Law 6DCA May 10, 2024
In re D.M.
Termination of parental rights was appropriate despite failure to inquire with extended family regarding child's possible indigenous heritage because the child was placed in temporary custody pursuant to a warrant.
Dependency 4DCA/2 May 9, 2024
Jane Doe v. Bonta
California legislation enabling firearm violence research using California Department of Justice databases did not violate registered gun owners' privacy rights.
Constitutional Law 9th May 9, 2024
Suate-Orellana v. Garland
Board of Immigration Appeals' failure to consider asylum seeker's argument that her removal notice was legally deficient merited remand of her case for reconsideration of her claim in light of intervening authorities.
Immigration 9th May 8, 2024
Byers v. Superior Court
By putting at issue attorney fees they incurred seeking coverage under their insurance policy, plaintiffs waived the attorney-client privilege as to documents supporting their fees claim.
Attorneys 1DCA/5 May 8, 2024
People v. Palacios
A resentencing hearing under Penal Code section 1172.6 does not provide the petitioner a new opportunity to raise claims of trial error.
Criminal Law and Procedure 2DCA/3 May 7, 2024
Amending Order: Valley Hospital Medical Center, Inc. v. National Labor Relations Board
Ninth Circuit's remand order did not foreclose the National Labor Relations Board from changing its ruling and interpretation of the National Labor Relations Act.
Labor Law 9th May 7, 2024
Naranjo v. Spectrum Security Services, Inc.
Employers are not subject to civil penalties for failure to comply with wage statement requirements when they had a reasonable good faith belief they complied with Labor Code Section 226.
Employment Law, Remedies CASC May 7, 2024
Reynosa v. Superior Court (Advanced Transportation Services, Inc.)
Employee was not barred from withdrawing from arbitration by continuing to participate in the arbitration where employer failed to timely pay arbitration fees.
Arbitration, Remedies 5DCA May 7, 2024
In re Kieran S.
Despite *In re N.R.*'s ruling, where parent's substance abuse put child at substantial risk of serious physical harm, juvenile court's decision to remove child from parent was appropriate.
Dependency 2DCA/7 May 7, 2024
People v. Lovejoy
Criminal defendant was ineligible for resentencing relief from attempted murder conviction because conviction for conspiracy to commit murder demonstrated intent to kill.
Criminal Law and Procedure 4DCA/1 May 6, 2024
People v. Patton
Unlawful overlapping conviction for continuous sexual abuse was vacated where defendant's convictions and sentences for discrete sexual offenses during same period against same victim were more commensurate with his culpability.
Criminal Law and Procedure 5DCA May 6, 2024