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Callahan v. Brookdale Senior Living Communities
Requesting to intervene in Private Attorneys General Act lawsuit because the PAGA settlement was too small was a disagreement over litigation strategy not meriting intervention as a matter of right.
Civil Procedure 9th Jun. 30, 2022
In re M.B.
Welfare departments cannot remedy a defective Indian Child Welfare Act investigation by conducting further interviews while the termination order is being reviewed on appeal.
Juveniles 2DCA/7 Jun. 30, 2022
People v. Rojas
Where Assembly Bill 333's changes to Penal Code Section 186.22 affected Penal Code Section 190.2(a)(22), it was an impermissible amendment to Proposition 21.
Criminal Law and Procedure 5DCA Jun. 30, 2022
Broome v. The Regents of the University of California
Retired employees of University of California were not entitled to pension benefits because the implementation of benefits was conditioned on a specified event, which never occurred during retirees' employment.
Contracts 1DCA/5 Jun. 29, 2022
Therolf v. Superior Court (Madera County Dept. of Social Services/Child Welfare Services)
Juvenile court made multiple prejudicial errors when it denied journalist's request for deceased child's records without following certain procedures.
Juveniles 5DCA Jun. 29, 2022
LG Chem, Ltd. v. Superior Court (Lawhon)
Court could not exercise jurisdiction over Korean battery manufacturer since plaintiff's product liability claims for exploding vape battery did not arise out of manufacturer's sale of batteries for electric vehicles.
Civil Procedure 4DCA/1 Jun. 29, 2022
People v. Salazar
While Senate Bill 567 allows consideration of past trauma in sentencing, the trial court would not have chosen the low term for appellant's conviction considering the numerous aggravating factors.
Criminal Law and Procedure 2DCA/6 Jun. 29, 2022
Victaulic Co. v. American Home Assurance Co.
Attorneys and law firm were not disqualified from representation based on an earlier representation of an insurance group that movants were members of.
Attorneys 1DCA/2 Jun. 29, 2022
Hernandez v. Garland
Non-citizen was ineligible for cancellation of removal because his grant of temporary protected status did not constitute an admission to the United States for purposes of obtaining lawful permanent resident status.
Immigration 9th Jun. 29, 2022
JJD-HOV Elk Grove, LLC v. Jo-Ann Stores
Commercial leasing agreement's co-tenancy provision was valid and enforceable as a "dual" or "alternative" rent provision rather than an unenforceable penalty.
Contracts 3DCA Jun. 29, 2022
Modification: In re Dezi C.
Rejecting the previously used rules in evaluating harmlessness in an Indian Child Welfare Act context, the court instead asked whether the record gave any reason to believe the children may be Indian children.
Administrative Agencies 2DCA/2 Jun. 29, 2022
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 Jun. 29, 2022
Simms v. Bear Valley Community Heathcare Dist.
Hospital patient's letter, which failed to comply with presentation requirements under the Government Claims Act, constituted a claim for injuries, adequate to trigger healthcare provider's duty to give notice of the insufficiencies.
Government 4DCA/2 Jun. 29, 2022
Barber v. Southern California Edison Company
Homeowners who alleged electrical shocks from nearby substation were unable to contradict electricity company's expert testimony that the stray voltage was insufficient to cause perceptible shocks.
Torts 2DCA/1 Jun. 28, 2022
Kennedy v. Bremerton School Dist.
The Free Exercise and Free Speech Clauses of the First Amendment protected high school football coach engaging in postgame prayers from government reprisal.
Constitutional Law USSC Jun. 28, 2022
People v. Pineda
At the penalty phase of a capital case, defendant's persistent chanting that another inmate was a "rat" was admissible because it conveyed a serious expression of intent to commit an act of unlawful violence.
Criminal Law and Procedure CASC Jun. 28, 2022
People v. Poore
Death row inmates' constitutional rights were not violated by imposing a stun belt and restraint chair during trial because there was a manifest need based on inmates' extensive violent history.
Prisoners' Rights CASC Jun. 28, 2022
Doe v. The Regents of the University of California
Because trial courts have the power to render decisions, failing to join indispensable parties was not a jurisdictional defect.
Civil Procedure 1DCA/3 Jun. 28, 2022
Reposted to Provide Correct Version: People Spitzer v. AWI Builders, Inc.
A motion seeking to disqualify a district attorney from pursuing a civil claim under the unfair competition law must be decided under Penal Code Section 1424(a) because it is an authorized duty of the district attorney.
Criminal Law and Procedure 4DCA/3 Jun. 28, 2022
Concepcion v. U.S.
The text of the First Step Act did not indicate that the district court could not consider reduced sentencing guidelines or rehabilitation for defendant's crack cocaine distribution charges.
Criminal Law and Procedure USSC Jun. 28, 2022
Xiulu Ruan v. U.S.
To convict a doctor for prescribing controlled substances without authorization, the Government must prove that the doctor knowingly or intentionally acted without authorization.
Criminal Law and Procedure USSC Jun. 28, 2022
Coral Ridge Ministries Media, Inc. v. Southern Poverty Law Center
Order
USSC Jun. 28, 2022
David v. Kaulukukui
Parent and child's constitutional right to familial association is violated when a state official interferes with a parent's lawful custody through judicial deception.
Civil Rights 9th Jun. 28, 2022
Hernandez v. Garland
Petitioners granted special rule cancellation of removal under Nicaraguan Adjustment and Central American Relief Act Section 203 are barred from pursuing cancellation of removal under 8 U.S.C. Section 1229b(a).
Immigration 9th Jun. 28, 2022
County of Sonoma v. Public Employment Relations Bd.
Public Employment Relations Board's failure to consider whether bargaining was required prior to placing measure on ballot that amended law enforcement authority was clear error.
Employment Law 1DCA/3 Jun. 27, 2022
In re Emanuel O. Cuenca
Petitioner's equal protection claim, based on the state offering state prison inmates, but not county inmates, rehabilitation program credits, failed because the law satisfied rational basis review.
Prisoners' Rights 1DCA/4 Jun. 27, 2022
People v. Romero
Defendant was ineligible for resentencing as a matter of law because he admitted that he acted intentionally, deliberately, and with premeditation in the commission of the murder.
Criminal Law and Procedure 5DCA Jun. 27, 2022
Dobbs v. Jackson Women's Health Organization
Roe v. Wade and Planned Parenthood of Southeastern Pa. v. Casey were overruled because the Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision.
Constitutional Law USSC Jun. 27, 2022
Becerra v. Empire Health Foundation, For Valley Hospital Medical Center
In calculating the Medicare fraction used to adjust rates paid to hospitals with higher percentages of low-income patients, "entitled to benefits" means those qualifying for the program.
Health Care USSC Jun. 27, 2022
Apache Stronghold v. U.S.
Governmental transfer of land sacred to Apaches, to a mining company, did not violate the Religious Freedom Restoration Act.
Civil Rights 9th Jun. 27, 2022