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Name Category Published
In re J.C.
Substantial evidence did not support juvenile court's finding that Indian Child Welfare Act did not apply because it failed to ensure that the Department of Children and Family Services fulfilled its duty of inquiry.
Juveniles 2DCA/7 Apr. 6, 2022
350 Montana v. Haaland
Department of Interior's finding of no significant environmental impact required more analysis than potential greenhouse gas emissions being "minor" relative to other global emissions sources.
Environmental Law 9th Apr. 5, 2022
A.B. v. Hawaii State Dept. of Education
District court abused its discretion in concluding that female student athletes had not met the numerosity requirement for class certification because it failed to give appropriate weight to the large size of the proposed class.
Civil Procedure 9th Apr. 5, 2022
U.S. v. Fower
Compassionate relief is not available to defendants before incarceration.
Criminal Law and Procedure 9th Apr. 5, 2022
Thompson v. Clark
Showing that the prosecution ended without a conviction is enough to support the favorable termination element of a Section 1983 Fourth Amendment malicious prosecution claim.
Civil Rights USSC Apr. 5, 2022
Lewis v. U.S.
Order
USSC Apr. 5, 2022
Williams v. U.S.
Order
USSC Apr. 5, 2022
Brown v. U.S.
Order
USSC Apr. 5, 2022
Modification: Marriage of Zucker
Courts may use the time of enforcement or execution of a premarital agreement when determining whether spousal support limitations of premarital agreements executed between 1986 and 2002 are unconscionable.
Family Law 2DCA/4 Apr. 5, 2022
Quintero v. Weinkauf
Substantial evidence supported a determination by the jury that there were exigent circumstances excusing the requirement for stalking that plaintiff demand defendant cease and abate his pattern of conduct.
Torts 1DCA/4 Apr. 5, 2022
U.S. v. Kirilyuk
Application Notes' definition of "loss" as $500 per unauthorized credit card was not binding since it acted as a punishment enhancement rather than illuminating the Sentencing Guideline's definition.
Criminal Law and Procedure 9th Apr. 4, 2022
U.S. v. Medina-Suarez
Courts are to provide instruction on a lesser-included offense where the charged offense requires the jury to determine a disputed factual element that is not required for the lesser-included offense.
Criminal Law and Procedure 9th Apr. 4, 2022
Himes v. Somatics
Order
9th Apr. 4, 2022
Feltham v. Universal Protection Service, LP
The special risk exemption did not make employer liable for employee's negligence since it was employee-caused fatigue, not employer-caused fatigue, that proximately caused employee's off-duty car crash.
Torts 1DCA/3 Apr. 1, 2022
Southwest Regional Council of Carpenters v. City of Los Angeles
Where an alternative project closely comported with and retained the original project's site specifications and size, the Environmental Impact Report's project definition was sufficiently accurate and stable.
Environmental Law 2DCA/4 Apr. 1, 2022
Modification: In re J.Y.
The juvenile court abused its discretion by setting a hearing to place minor with relatives after the reunification period ended because there was no evidence that removal was necessary or in the child's best interest.
Juveniles 2DCA/8 Apr. 1, 2022
M.S. v. A.S.
Trial court did not abuse its discretion by including couple's children in a domestic violence restraining order because there was substantial evidence of good cause supporting children's inclusion in the order.
Family Law 1DCA/3 Apr. 1, 2022
Badgerow v. Walters
The "look-through" approach to determining federal jurisdiction does not apply to requests to confirm or vacate arbitral awards under the Federal Arbitration Act.
Arbitration USSC Apr. 1, 2022
People v. Flores
Defendant's stipulation that preliminary hearing transcripts provided a factual basis for his guilty plea was not a binding admission for the purposes of resentencing.
Criminal Law and Procedure 5DCA Mar. 31, 2022
People v. Kiger
Defendant's domestic battery charges were not eligible for enhanced penalties since the relevant prior conviction was for attempted domestic battery, not a completed domestic battery.
Criminal Law and Procedure 4DCA/2 Mar. 31, 2022
Oertwich v. Traditional Village of Togiak
As long as it involves a federally-recognized tribe, tribal sovereign immunity extends to the tribe's governmental and commercial activities undertaken on or off its reservation.
Native American Affairs 9th Mar. 31, 2022
Valenzuela v. City of Anaheim
Order
9th Mar. 31, 2022
Artus v. Gramercy Towers Condominium Assn.
Absent abuse of discretion, trial courts are to be allowed broad discretion in determining who was the prevailing party when awarding attorney's fees, especially where there is thorough and comprehensive analysis.
Civil Procedure 1DCA/2 Mar. 31, 2022
Save the Hill Group v. City of Livermore
A reissued final environmental impact report certification and the development project's approval could not stand because the report's no-project alternative discussion was inadequate.
Environmental Law 1DCA/5 Mar. 31, 2022
People v. McMurray
Trial court was required to reconsider the California Department of Corrections and Rehabilitation Secretary's resentencing recommendations following the passage of Assembly Bill 1540, which effectively clarified existing resentencing law.
Criminal Law and Procedure 3DCA Mar. 31, 2022
Kokubu v. Sudo
Movant's right to arbitrate was waived because substantial evidence supported the conclusion that movant acted in a manner that was inconsistent with an intent to arbitrate.
Arbitration 2DCA/8 Mar. 31, 2022
Foxcroft Productions, Inc. v. Universal City Studios LLC
The term "photoplay" in a 1971 contract with Universal unambiguously encompassed episodes of hit television series Columbo based on its usage in the contract.
Contracts 2DCA/8 Mar. 31, 2022
Scheer v. Regents of the University of California
The McDonnell Douglas burden-shifting analysis is not the proper test for whistleblower claims under the Labor Code and Government Code, and the test under Labor Code Section 1102.6 should be used instead.
Civil Procedure 2DCA/3 Mar. 30, 2022
Modification: Monterey Coastkeeper v. Central Coast Regional Water Quality Control Bd.
A claim requesting the court to order the State Water Resources Control Board to review regional boards' actions did not allege a dispute amenable to resolution through declaration.
Civil Procedure 3DCA Mar. 30, 2022
Aronow v. Superior Court (Emergent LLP)
When indigent party demonstrates inability to pay for arbitration, trial courts may provide opposing party the choice to pay for indigent party's arbitration fees or try the case in court.
Attorneys 1DCA/4 Mar. 30, 2022