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U.S. v. Mendez
The Juvenile Delinquency Act was not applicable where defendant continued to participate in a conspiracy after reaching the age of majority.
Criminal Law and Procedure 9th Mar. 25, 2022
Amended Opinion: Ballou v. McElvain
A police chief was not entitled to qualified immunity when an officer asserted that she had been retaliated against for filing sex-discrimination lawsuits.
Civil Rights 9th Mar. 25, 2022
Estate of Najera Aguirre v. County of Riverside
Police officer was not entitled to summary judgment based on qualified immunity because evidence, viewed in the light most favorable to plaintiffs, showed that his use of force was not objectively reasonable.
Qualified Immunity 9th Mar. 25, 2022
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 Mar. 24, 2022
Reyes v. Beneficial State Bank
The Holder Rule does not preempt states from authorizing recovery of attorney's fees beyond what the Holder Rule ordinarily allows.
Consumer Law 5DCA Mar. 24, 2022
Weston Family Partnership v. Twitter
Twitter, Inc. had no legal duty to disclose immediately the software bugs in its Mobile App Promotion product, given that its earlier statements about the product's progress were qualified and vague.
Securities 9th Mar. 24, 2022
Michaels v. State Personnel Board (Public Employees' Retirement System)
One-year period for voiding state civil service appointments begins on date position is offered to and accepted by the state employee.
Government 3DCA Mar. 23, 2022
Schmier v. City of Berkeley
Condominium owner's complaint disputing the meaning of certain language of lien agreements with the city was not subject to the 90-day limitations period set forth in the Government Code.
Government 1DCA/1 Mar. 23, 2022
New Harvest Christian Fellowship v. City of Salinas
Where city's zoning regulation expressly, facially distinguishes between religious and nonreligious assemblies, the city failed to show similar treatment with similarly situated, nonreligious counterparts.
Civil Rights 9th Mar. 23, 2022
U.S. v. Wells
A special condition of supervised release, whose definition of "computer" could be understood to encompass household objects, was unconstitutionally vague.
Criminal Law and Procedure 9th Mar. 23, 2022
Balla v. State of Idaho
Conflicting testimony regarding medical treatment at Idaho state prison facility was not sufficient to show deliberate indifference for an alleged Eighth Amendment violation.
Prisoners' Rights 9th Mar. 23, 2022
In re Friend
Certificate of appealability as to claims in defendant's second habeas petition, pursuant to Proposition 66, was denied because defendant failed to allege specific facts that showed ineffective assistance.
Criminal Law and Procedure 1DCA/3 Mar. 23, 2022
Curtin Maritime Corp. v. Pacific Dredge
Plaintiff's claim did not meet anti-SLAPP statute's minimal merit second prong since it was preempted by the Coast Guard's determination of maritime vessel eligibility.
Anti-SLAPP 4DCA/1 Mar. 23, 2022
City and County of San Francisco v. H.H.
A trial court erred by ordering a visitation schedule where child lived with each parent half of the time after finding father's domestic violence triggered the presumption awarding sole custody to mother.
Family Law 1DCA/2 Mar. 22, 2022
People v. Edwards
Requirement for witnesses to wear masks while testifying did not violate the confrontation clause.
Criminal Law and Procedure 2DCA/8 Mar. 22, 2022
Modification: People v. E.H.
Changes to the gang-enhancement statute merited reversal of conviction because it was not conclusive that the jury instructions were harmless beyond a reasonable doubt.
Criminal Law and Procedure 4DCA/2 Mar. 22, 2022
Seattle's Union Gospel Mission v. Woods
Order
USSC Mar. 22, 2022
Hedican v. Walmart Stores
Order
USSC Mar. 22, 2022
Stampe v. U.S.
Opinion
USSC Mar. 22, 2022
Modification: In re Antonio R.
The duty of ensuring that proper inquiry is made regarding the possibility of a child's Native American ancestry falls on both the Department of Children and Family Services and the juvenile courts, not the parents or parents' families.
Juveniles 2DCA/7 Mar. 21, 2022
In re Harper
Jury's robbery-murder special circumstance finding was upheld because substantial evidence showed defendant was a major participant in the robbery despite defendant's youth at the time of the crime.
Criminal Law and Procedure 4DCA/2 Mar. 21, 2022
Moreno v. UtiliQuest
Where former employee's state law claims also involve union activity claims, the National Labor Relations Act preempts the state employment claims.
Labor Law 9th Mar. 21, 2022
R.J. Reynolds Tobacco Co. v. County of Los Angeles
Los Angeles County's ban on the sale of flavored tobacco products is not expressly or implied preempted by the Tobacco Control Act since it fits under the Act's savings and preservation clauses.
Commercial Law 9th Mar. 21, 2022
Mac v. Minassian
Trial court abused its discretion when it entered judgment against a party based on the post-trial fifth amended complaint after treating him as a non-party under the fourth amended complaint.
Civil Procedure 2DCA/8 Mar. 21, 2022
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 Mar. 21, 2022
Colonial Van & Storage, Inc. v. Superior Court (Dominguez)
Employers do not have a duty to ensure that coworkers and business associates are safe from a third party's criminal conduct when they are visiting the private residence of an employee who works from home.
Employment Law 2DCA/2 Mar. 21, 2022
Adoption of E.B.
Trial court incorrectly applied Family Code Section 7612, which controls disputed parentage claims, to adoption where biological parents agreed to place their child with a third parent while retaining parental rights.
Family Law 3DCA Mar. 18, 2022
In re Antonio R.
The duty of ensuring that proper inquiry is made regarding the possibility of a child's Native American ancestry falls on both the Department of Children and Family Services and the juvenile courts, not the parents or parents' families.
Juveniles 2DCA/7 Mar. 18, 2022
DeNike v. Mathew Enterprise, Inc.
After ruling car dealership's pretrial offer of correction was reasonable and appropriate, the trial court erred in allowing plaintiff's claim for restitution under the Consumers Legal Remedies Act to proceed.
Consumer Law 6DCA Mar. 18, 2022
Khoiny v. Dignity Health
Academic deference did not apply to the jury's determination whether medical resident was terminated for discriminatory reasons because residents were primarily treated as employees, not students.
Employment Discrimination 2DCA/8 Mar. 18, 2022