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Nunez v. City of Redondo Beach
A city's policy of repairing half-inch sidewalk defects did not mean that a three-quarters-inch defect posed a substantial risk of injury.
Torts 2DCA/3 Jul. 29, 2022
Modification: In re Ernesto L.
When a minor is committed to the Division of Juvenile Justice, a juvenile court must apply the minor's precommitment credits against the actual maximum custodial term imposed, not the theoretical maximum exposure term.
Juveniles 1DCA/1 Jul. 29, 2022
Chicken Ranch Rancheria v. State of California
During negotiations with Indian tribes, California substantially exceeded the Indian Gaming Regulatory Act's limitation that any Class III compact provision be directly related to the operation of gaming activities.
Gaming 9th Jul. 29, 2022
Liberty Insurance Corp. v. Brodeur
District court's substantive limits on witness' testimony were reversed because the homeowners provided the necessary contact information before his testimony.
Civil Procedure 9th Jul. 29, 2022
Oertwich v. Traditional Village of Togiak
Order
9th Jul. 29, 2022
People v. Ng
Though Evidence Code Section 1291 does not explicitly permit introduction of foreign testimony, analogizing with federal case law allowed for its admissibility.
Criminal Law and Procedure CASC Jul. 29, 2022
Shiheiber v. JPMorgan Chase Bank
Trial court had authority to impose sanctions under Code of Civil Procedure Section 575.2 for local rule violations.
Attorneys 1DCA/2 Jul. 28, 2022
County of Mono v. City of Los Angeles
City's decision to reduce the water allocated for irrigation was a continuing part of an earlier, ongoing project covered by leases and not a new project subject to CEQA requirements.
Environmental Law 1DCA/4 Jul. 28, 2022
Garnier v. O'Connor-Ratcliff
School board trustees violated parents' First Amendment rights when trustees completely blocked parents from the trustees' social media pages.
Constitutional Law 9th Jul. 28, 2022
Martinez Alquijay v. Garland
Petitioner's request for time extension of his application for asylum was denied because his age, ignorance of the law and English, and stress from fleeing Guatemala were not extraordinary circumstances.
Immigration 9th Jul. 28, 2022
Meiri v. Shamtoubi
Amended trust's no contest clause was enforceable against beneficiary's untimely petition to contest trust, as it was a direct contest under both Probate Code Section 21311(b) and the amended trust.
probate_and_trusts 2DCA/3 Jul. 27, 2022
People v. McCune
Trial court retained jurisdiction to set hit-and-run victim's restitution amount even after defendant's probation was terminated early by amended probation limits.
Remedies 1DCA/5 Jul. 27, 2022
U.S. v. Willy
In open carry state, there was no probable cause to arrest defendant carrying a firearm where witnesses had stated defendant had displayed the weapon but had not threatened anyone.
Criminal Law and Procedure 9th Jul. 27, 2022
National Railroad Passenger Corp. v. Brotherhood of Locomotive Engineers and Trainmen
The federal Railroad Unemployment Insurance Act preempts California's Healthy Workplaces, Healthy Families Act as to any "sickness benefits" for California railroad employees.
Employment Law 9th Jul. 27, 2022
Fort v. State of Washington
Indeterminate Sentencing Review Board setting of hearings pursuant to Washington state statute was part of a judicial function warranting quasi-judicial immunity.
Criminal Law and Procedure 9th Jul. 27, 2022
People v. Saibu
Trial court correctly applied the legal standard to determine whether the government had proved beyond a reasonable doubt that defendant had committed felony murder.
Criminal Law and Procedure 4DCA/1 Jul. 27, 2022
People v. Flowers
When the record clearly indicated support for trial court's imposition of the upper term pursuant to Penal Code Section 1170 as it existed at the time, trial court's decision did not warrant reversal.
Criminal Law and Procedure 2DCA/6 Jul. 27, 2022
Callanan v. Grizzly Designs, LLC
Defendant's cross-complaint was not subject to an anti-SLAPP motion to strike because the underlying conduct, violating California labor laws, was not an activity in furtherance of the right to petition.
Anti-SLAPP 3DCA Jul. 26, 2022
People v. Mitchell
In deciding a petition for resentencing under Penal Code Section 1172.6 (formerly Section 1170.95), trial courts may consider all evidence admissible under the Evidence Code.
Criminal Law and Procedure 2DCA/8 Jul. 26, 2022
Modification: Daimler Trucks North America LLC v. Superior Court (Hu)
Defendant's systematic business activities in California were sufficient to support a finding of specific jurisdiction even though the cause of action did not arise out of defendant's in-state conduct.
Civil Procedure 2DCA/5 Jul. 26, 2022
Transcon Financial, Inc. v. Reid & Hellyer, APC
Motions for sanctions filed on the 21st day of the safe harbor period instead of after the period had run required denial of the motions.
Civil Procedure 4DCA/2 Jul. 26, 2022
Francis v. City of Los Angeles
City was entitled to nonsuit for retaliation claim where plaintiff failed to present substantial evidence demonstrating that she had been subject to any adverse employment action.
Employment Law 2DCA/1 Jul. 26, 2022
Legg v. Dept. of Justice
Three-tiered registry for sex offenders convicted in adult court based on the age of the offender does not violate the Equal Protection Clause.
Criminal Law and Procedure 3DCA Jul. 26, 2022
Gallo v. Wood Ranch USA, Inc.
The Federal Arbitration Act does not preempt the California Arbitration Act's provisions governing the timing of arbitration fee payments.
Arbitration 2DCA/2 Jul. 26, 2022
U.S. v. Donnelly
An eight-month pre-hospitalization commitment of incompetent defendant to Attorney General's custody plainly exceeded any period conceivably allowed by statute.
Criminal Law and Procedure 9th Jul. 26, 2022
U.S. v. Hansen
Order
9th Jul. 26, 2022
Mull v. Motion Picture Industry Health Plan
ERISA did not prevent a plan fiduciary from implementing a self-help remedy under the terms of a health care plan since ERISA merely excluded other unauthorized causes of action.
Insurance 9th Jul. 26, 2022
Yoshikawa v. Seguirant
Regulatory enforcement based on technical violations may serve as basis of an equal protection claim when regulation would not have been enforced in the same manner but for plaintiff's race.
Civil Rights 9th Jul. 26, 2022
In re N.L.
Because minors charged with felony offenses committed at 14 years or older are no longer ineligible for informal supervision, the appropriate remedy was conditional reversal with instructions.
Juveniles 4DCA/1 Jul. 25, 2022
People v. Beasley
Stated reasons for dismissing criminal defendant's three prior strike convictions did not reasonably and justifiably support the conclusion that defendant fell outside the spirit of the Three Strikes law.
Criminal Law and Procedure 4DCA/3 Jul. 25, 2022