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Name Category Published
J.J. v. Superior Court (San Joaquin County Human Services Agency)
Ambiguous court record regarding mother's knowledge of father's physical abuse did not merit denial of reunification services. 		Dependency 3DCA Jul. 25, 2022
Howitson v. Evans Hotels
Plaintiff's PAGA lawsuit alleging the same Labor Code violations as prior class action was not barred by claim preclusion because PAGA causes of action and parties are different from individual or class actions. 		Employment Law 4DCA/1 Jul. 25, 2022
Modification: Seviour-Iloff v. LaPaille
Under Labor Code Section 558.1, individual liability can be imposed on CEO for company's wage violations. 		Employment Law 1DCA/1 Jul. 25, 2022
Modification: People v. Manzanilla
The failure of defendant's legal counsel to specifically inform him that his aggravated felony plea would subject him to mandatory deportation was a prejudicial error requiring reversal. 		Criminal Law and Procedure 2DCA/8 Jul. 25, 2022
Leigh-Pink v. Rio Properties
Order 		9th Jul. 25, 2022
Love v. Marriott Hotel Services
Deference to Department of Justice's interpretation of rules pertaining to information provided on hotel's website regarding disability accommodations was merited. 		Disability Discrimination 9th Jul. 25, 2022
U.S. v. Oliver
Defendant's false monthly supervision report was not exempt under the judicial proceeding exception to 18 United States Code Section 1001 since it was made to his probation officer, not a judge. 		Criminal Law and Procedure 9th Jul. 25, 2022
Leenay v. Superior Court (Lowe's Home Centers)
The trial court erred in staying plaintiff's action because of a pending arbitration to which the plaintiff was not a party. 		Civil Procedure 4DCA/2 Jul. 25, 2022
People v. Dunn
Trial court's finding of the upper term for a criminal conviction was affirmed because the one aggravating circumstance not stipulated to would have been assessed the same way by a jury. 		Criminal Law and Procedure 5DCA Jul. 22, 2022
Lang Van v. VNG Corp.
Personal jurisdiction existed in copyright infringement claim where foreign defendant had intentionally targeted American companies with actions in the United States market that would harm their interests there. 		Civil Procedure 9th Jul. 22, 2022
Medina Tovar v. Zuchowski
District court did not abuse its discretion in denying application for attorneys' fees under the Equal Access to Justice Act because the government's non-prevailing position was substantially justified. 		Civil Procedure 9th Jul. 22, 2022
U.S. v. Nault
Officer's continuation of a stop to request defendant's documents did not violate the Fourth Amendment because that request fell within the stop's mission. 		Criminal Law and Procedure 9th Jul. 22, 2022
People v. Mataele
Limited remand was appropriate to allow trial court to determine whether to exercise newly conferred discretion regarding sentencing enhancements for firearm use and prior serious felony convictions. 		Criminal Law and Procedure CASC Jul. 22, 2022
Siry Investment, L.P. v. Farkhondehpour
Penal Code Section 496(c) allowed for treble damages and attorneys' fees since defendants' improper transfer of rental income constituted theft. 		Remedies CASC Jul. 22, 2022
In re J.W.
Welfare Department's error in failing to adequately inquire about child's Indian heritage was harmless because the child was placed with her maternal grandmother. 		Dependency 2DCA/8 Jul. 21, 2022
In re G.A.
Juvenile court's failure to make an Indian Child Welfare Act finding on the record was harmless where the Agency satisfied its duty of inquiry and there was no reason to believe that the child was Native American. 		Dependency 3DCA Jul. 21, 2022
Lopez v. Lopez
Disqualifying attorney from all phases of litigation under the advocate-witness rule without applying the proper legal standard was an abuse of discretion. 		Attorneys 2DCA/4 Jul. 21, 2022
Wang v. Nesse
In a statute-of-limitations dispute, there was a triable issue as to when attorney's representation ended after he sent equivocal emails and signed documents as client's representation. 		Attorneys 6DCA Jul. 21, 2022
Creech v. Richardson
When seeking federal habeas relief, where "new" evidence proffered for ineffective assistance of counsel claim was duplicative, it could not transform the claim into a new, unexhausted claim. 		Criminal Law and Procedure 9th Jul. 21, 2022
Royals v. Lu
Order issuing a writ of attachment for financial elder abuse claim was reversed because trustee's daughter did not file a sufficiently detailed application for attachment. 		probate_and_trusts 1DCA/4 Jul. 20, 2022
In re Rylei S.
Because the court records reflected an almost complete failure of the Department of Children and Family Services' statutory duty to further inquire as to possible Native American ancestry, the error was not harmless. 		Dependency 2DCA/7 Jul. 20, 2022
Lopez-Luvian v. Garland
Immigration petitioner subject to reinstated order of removal cannot challenge an earlier termination of separate removal proceedings that did not result in a final order of removal. 		Immigration 9th Jul. 20, 2022
Lemos v. County of Sonoma
Plaintiff's action for excessive force against Sonoma Sheriff's Deputy was not necessarily barred by her resisting arrest violation because liability for the actions may be based on two separate events. 		Civil Rights 9th Jul. 20, 2022
Meda v. Autozone
Where employers have not expressly advised their employees that seats may be used during work nor provided seats at workstations, whether employers have been "provided" suitable seating requires fact-specific analysis. 		Employment Law 2DCA/3 Jul. 20, 2022
Shoker v. Superior Court (Phangureh)
Action seeking a constructive trust that would restore title to real property to plaintiffs was a real property claim for lis pendens purposes. 		Real Property 1DCA/5 Jul. 19, 2022
Evenskaas v. California Transit, Inc.
The Federal Arbitration Act applied to arbitration agreement in California Transit worker's employment contract because the transportation services provided substantially affected interstate commerce. 		Arbitration 2DCA/7 Jul. 19, 2022
Chodosh v. Commission on Judicial Performance
California Code of Judicial Ethics Canon 3D(1) does not require judges to report other judges who may be committing crimes to prosecuting authorities. 		Judges 3DCA Jul. 19, 2022
People v. M.H.
The trial court was not statutorily required to advise Mentally Disordered Offender of the right to call and confront witnesses at hearing challenging commitment. 		Criminal Law and Procedure 4DCA/2 Jul. 19, 2022
People v. Lee
Assembly Bill 333's amendment to "criminal street gang" definition applied to the voter-enacted gang-murder special circumstance enhancement. 		Criminal Law and Procedure 2DCA/4 Jul. 19, 2022
U.S. v. Dominguez-Caicedo
To determine a minimal role adjustment for sentencing, courts must compare the defendant's culpability with the average level of all participants in the crime, even those of recruiters, leaders, or organizers who were not charged. 		Criminal Law and Procedure 9th Jul. 19, 2022
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