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Jones v. Bonta
California's ban on semiautomatic rifles for young adults violated the Second Amendment since it burdened the right to home self-defense and did not reasonably fit the objective of reducing violence.
Constitutional Law 9th May 12, 2022
San Francisco Herring Association v. U.S. Dept. of the Interior
The National Park Service did not need to acquire a formal property interest to govern running waters because running waters cannot be owned in a traditional sense.
Administrative Agencies 9th May 11, 2022
Martz v. Horazdovsky
Vessel owners' limitation-of-liability action was timely because claimant's letter did not constitute "written notice of the claim" that started the running of the six-month limitations period.
Maritime Law 9th May 11, 2022
Williams v. National Western Life Insurance Co.
Insurer was liable for agent's misconduct since an agent submitting a life insurance policy is the insurer's agent under Insurance Code Section 1704.5, even when the agent violates restrictions on his authority.
Insurance 3DCA May 11, 2022
People v. Pineda
A statute that allowed defendants to challenge a juvenile court fitness proceeding by direct appeal, rather than through writ relief, did not apply retroactively because it did not ameliorate punishment.
Criminal Law and Procedure 2DCA/5 May 11, 2022
Amato v. Downs
Trial court erred by deeming plaintiff's failure to follow a local court rule as a waiver of a jury trial.
Civil Procedure 4DCA/2 May 10, 2022
People v. Delgado
Denial of defendant's motion to suppress was affirmed since the officers had reasonable suspicion that there was a contraband transfer based on commonsense judgments and inferences about the interaction.
Criminal Law and Procedure 2DCA/8 May 10, 2022
Vaz v. Neal
Although the Executive Office for Immigration Review had taken years to investigate plaintiff's complaint, the delay was not unreasonable.
Administrative Agencies 9th May 10, 2022
Bock v. State of Washington
Plaintiffs were judicially estopped since they agreed to the statutorily mandated forfeiture of property by signing a Stipulation to Police Reports and Order of Continuance.
Civil Procedure 9th May 10, 2022
People v. Parramartinez
The record demonstrated that the trial court considered the appropriate circumstances and exercised its discretion in a reasonable manner when it declined to strike defendant's firearm enhancements.
Criminal Law and Procedure 4DCA/2 May 9, 2022
Association Des Eleveurs de Canards Et D'Oies Du Quebec v. Bonta
California statutes outlawing the practice of force-feeding ducks or geese to make foie gras and prohibiting its sale were not preempted by federal law.
Constitutional Law 9th May 9, 2022
Shields v. Credit One Bank
Impairments while recovering from surgery could qualify as a "disability" despite being short-term because there are no categorical temporal limitations for disabilities under the Americans with Disabilities Act.
Disability Discrimination 9th May 9, 2022
Bullock v. City of Antioch
Issue preclusion did not bar retired employees' claim against city because the record provided no basis for concluding that retirees should reasonably have expected to be bound by union's prior grievance proceeding.
Civil Procedure 1DCA/5 May 9, 2022
U.S. v. Begay
Second-degree murder constituted a crime of violence because defendant who acted with requisite mens rea to commit second-degree murder necessarily acted with at least extreme disregard for human life.
Criminal Law and Procedure 9th May 6, 2022
San Luis Obispo Local v. Central Coast
The reciprocal attorney's fees provision of the Civil Code does not apply in a contract with a government agency that had no authority to enter into an attorney's fee provision in the first place.
Contracts 2DCA/6 May 6, 2022
Morris v. JPMorgan Chase Bank
Plaintiff was a "borrower" capable of bringing claims under the Homeowners Bill of Rights since the stay on her bankruptcy filing was lifted prior to the allegedly improper foreclosure proceedings.
Real Property 1DCA/4 May 6, 2022
Romero v. Shih
Exclusive implied easements are to be granted only under very specific situations.
Real Property 2DCA/8 May 6, 2022
Ghukasian v. Aegis Security Insurance Company
Policyholder's mistake regarding property lines did not make her renovation damage to neighbor's property an accident for the purposes of coverage.
Insurance 2DCA/4 May 6, 2022
Sirott v. Superior Court (Patel)
Plaintiff lacked standing to bring a derivative suit because it lacked continuous membership in the company, as it relinquished its membership during litigation.
Corporations 1DCA/1 May 6, 2022
Bergstrom v. Zions Bancorporation
Bank's agent for service of process, and consequently bank, was liable for funds withdrawn from account after agent was negligent in reading a notice of levy.
Banking 2DCA/2 May 6, 2022
Estate of Eskra
Plaintiff was not entitled to rescission of a premartial contract based on her unilateral mistake because she neglected to read the contract or confer with her attorney before signing.
Contracts 1DCA/5 May 5, 2022
Health and Hospital Corp. v. Talevski
Order
USSC May 5, 2022
Bartenwerfer v. Buckley
Order
USSC May 5, 2022
Helix Energy Solutions v. Hewitt
Order
USSC May 5, 2022
Shaw v. Superior Court (Beverages & More, Inc.)
Courts may apply doctrine of exclusive concurrent jurisdiction to stay a PAGA case until conclusion of another PAGA case involving the same defendant and similar claims and legal theories.
Employment Law 1DCA/4 May 5, 2022
Stewart v. Aranas
Prison officials were not entitled to qualified immunity where their protracted "wait and see" treatment amounted to deliberate indifference and clearly violated prisoner's constitutional rights.
Prisoners' Rights 9th May 5, 2022
Udo v. Garland
Plaintiff's petition for review of his Convention Against Torture claim was granted since the agency failed to give reasoned consideration to persuasive evidence of his persecution in Nigeria for homosexuality.
Immigration 9th May 5, 2022
U.S. v. Hernandez-Garcia
Marine Corps did not violate the Posse Comitatus Act by surveilling defendant north of the California-Mexico border because military assistance to Border Patrol was authorized by the 2016 National Defense Authorization Act.
Immigration 9th May 5, 2022
Doe v. Anderson Union High School Dist.
Based on the record, a school district did not have a duty to constantly monitor a teacher who eventually engaged in a sexual relationship with a student because to impose such a duty would be unreasonable.
Torts 3DCA May 5, 2022
Fettig v. Hilton Garden Inns Management LLC
Plaintiff could not void a settlement agreement based on a claim that her attorney threatened her to accept the settlement, because defendant did not know about the supposed duress and relied on the settlement in good faith.
Contracts 2DCA/8 May 5, 2022