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People v. Coley
Trial court did not err in denying defendant's petition for resentencing without issuing an order to show cause because his conviction necessarily involved express malice.
Criminal Law and Procedure 1DCA/5 Apr. 19, 2022
California DUI Lawyers Assn. v. California Dept. of Motor Vehicles
Combining the roles of advocate and adjudicator in a single person employed by the DMV violated due process.
Administrative Agencies 2DCA/4 Apr. 19, 2022
Love v. Texas
Order
USSC Apr. 19, 2022
Becerra v. Gresham
Order
USSC Apr. 19, 2022
Arkansas v. Gresham
Order
USSC Apr. 19, 2022
Smith v. Chicago, IL
Order
USSC Apr. 19, 2022
Martinez-Rodriguez v. Giles
Mexican citizens provided sufficient evidence that dairy farm, which recruited them in Mexico under TN Visa program for professional-level work, actually hired them as nonprofessional, general laborers.
Immigration 9th Apr. 19, 2022
HiQ Labs, Inc. v. LinkedIn
The Computer Fraud and Abuse Act did not preempt plaintiff's state law claims since plaintiff showed serious questions as to whether access "without authorization" was inapplicable to public LinkedIn profiles.
Civil Procedure 9th Apr. 19, 2022
Safari Club International v. Haaland
Alaska National Interest Lands Conservation Act preserved the federal government's plenary power over public lands, including the Kenai National Wildlife Refuge, in Alaska.
Environmental Law 9th Apr. 19, 2022
U.S. v. McCarron
Multiple proposed lurid rendezvous, even if purely hypothetical, sufficed as evidence of a substantial step in defendant's attempt to cause a minor's assent to unlawful sexual activity.
Criminal Law and Procedure 9th Apr. 19, 2022
People v. Crites
Penal Code Section 1203.01(a) allows trial courts to create postjudgment records that include probation officers' reports and comments from the judge and district attorney pertaining to the crime or the criminal.
Criminal Law and Procedure 1DCA/4 Apr. 18, 2022
Trendsettah USA v. Swisher Int'l
Plaintiff's presentation of misleading financial documents did not constitute fraud on the court since there was no clear and convincing evidence that it was intentional or aimed at the court.
Civil Procedure 9th Apr. 18, 2022
U.S. v. House
Government conceded recent caselaw controlled as to sentencing enhancement based on defendant's prior marijuana conviction, and that the court should remand for resentencing without treating the conviction as a qualifying offense.
Criminal Law and Procedure 9th Apr. 18, 2022
People v. Canedos
Retroactive reduction in maximum parol duration meant that the court no longer had jurisdiction to revoke probation for violations committed after the new maximum duration.
Criminal Law and Procedure 2DCA/1 Apr. 15, 2022
Shoner v. Carrier Corp.
Federal court lacked jurisdiction because while attorneys' fees are not "costs" under the Magnuson-Moss Warranty Act and may be included in the amount in controversy, they were unavailable under plaintiff's claims.
Civil Procedure 9th Apr. 15, 2022
Clark v. Eddie Bauer LLC
Order
9th Apr. 15, 2022
Torres v. Adventist Health System/West
Plaintiff's allegation that she relied on hospital's failure to disclose additional emergency room fees and thereafter received treatment at hospital did not sufficiently plead reliance under the Consumer Legal Remedies Act.
Remedies 5DCA Apr. 15, 2022
SK Trading International v. Superior Court (People)
Trial court did not err in denying South Korean corporation's motion to quash service of summons because its contacts with gasoline firms in California were sufficient to support specific jurisdiction.
Civil Procedure 1DCA/4 Apr. 14, 2022
People v. Pantoja
Defendant wearing baggy clothing and having a history of weapons possession was not sufficient evidence to reasonably support a suspicion that he was armed and dangerous during traffic stop.
Criminal Law and Procedure 1DCA/2 Apr. 14, 2022
Aylward v. SelectHealth
Plaintiff's state law claim that health insurance company breached its duty to timely process her deceased husband's appeal of denial of insurance preauthorization was expressly preempted by the Medicare Act.
Health Care 9th Apr. 14, 2022
Russell v. Lumitap
Prison nurse was entitled to qualified immunity because no clearly established case law put her on notice that she could violate plaintiff's constitutional rights while following the doctor's instructions.
Prisoners' Rights 9th Apr. 14, 2022
Modification: Buena Vista Water Storage Dist. v. Kern Water Bank Authority
Public water agency's environmental impact report for storage project to divert excess water met California Environmental Quality Act requirements with its good faith efforts at full disclosure.
Environmental Law 2DCA/6 Apr. 13, 2022
People v. Hola
The proper procedure for a direct appeal challenge based on the elimination of the natural and probable consequences doctrine is remand for a new trial.
Criminal Law and Procedure 3DCA Apr. 13, 2022
People v. Johnson & Johnson
Substantial evidence did not support the trial court's finding that companies' oral marketing communications about their pelvic mesh products were likely to deceive doctors.
Consumer Law 4DCA/1 Apr. 13, 2022
People ex rel. Ellinger v. Magill
A person cannot bring a qui tam action under Section 1871.7 of the Insurance Frauds Prevention Act against an insurance company since the statute only addresses deceptive conduct against the insurer.
Insurance 4DCA/2 Apr. 13, 2022
Nunez v. Cycad Management LLC
Arbitration agreement presented to Spanish-speaking employee that was not explained, provided on a take-it or leave-it basis and wholly benefited the employer was unconscionable and unenforceable.
Arbitration 2DCA/2 Apr. 13, 2022
Clarity Co. Consulting v. Gabriel
Sanctions may be imposed when clearly meritless anti-SLAPP motions are pursued.
Attorneys 2DCA/6 Apr. 13, 2022
People v. Flores
Based on the legislative intent underlying Assembly Bill 1950 to advance specific public policy goals through the reduction of probation terms, defendant was entitled to modification of his probation term.
Criminal Law and Procedure 5DCA Apr. 13, 2022
People v. Cooper
Courts cannot deny retroactive relief to a convicted murderer under Penal Code Section 1170.95 based on findings that are inconsistent with a previous acquittal where no other evidence is introduced.
Criminal Law and Procedure 1DCA/1 Apr. 13, 2022
People v. Banner
Defendant's psychological trauma stemming from mental illness may have been a contributing factor in the commission of attempted robberies that warranted a lower sentence.
Criminal Law and Procedure 5DCA Apr. 12, 2022