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Meinhardt v. City of Sunnyvale
In determining the dispositive nature of a writ of mandate, even if the writ resembles an order, when it determines the rights of the parties it is considered a final judgment and is therefore appealable.
Civil Procedure 4DCA/1 Mar. 11, 2022
SNJ Limited v. Commissioner of Internal Revenue
That the Tax Commissioner incorrectly or unnecessarily sent a second Notice of Final Partnership Administrative Adjustment did not necessarily invalidate the issuance of earlier notices.
Tax 9th Mar. 11, 2022
Gray v. Hudson
Plaintiffs cannot prove substantial similarity between songs since an eight-note repeating instrumental figure is an uncopyrightable musical building block
Copyright 9th Mar. 11, 2022
John Doe v. Snyder
The district court's denial of John Doe's mandatory preliminary injunction, requesting the court to order Medicaid to pay for Doe's male chest reconstruction surgery, was not clear error.
Civil Procedure 9th Mar. 11, 2022
Modification: People v. Wright
Denial of defendant's motion to represent himself at trial for being untimely was not an abuse of discretion when the motion was made two days before trial and appeared to be an attempt at an unjustifiable delay.
Criminal Law and Procedure CASC Mar. 11, 2022
Abdelqader v. Abraham
A trial court erred by failing to provide a statement of reasons addressing why the rebuttable presumption, arising in any situation in which a finding of domestic violence has been made, had been rebutted.
Family Law 4DCA/1 Mar. 11, 2022
White v. Wear
The trial court erred in amending allegations in an elder abuse restraining order petition to prohibit defendant from possessing firearms and ammunition.
Torts 4DCA/2 Mar. 10, 2022
Valdez Amador v. Garland
Because the modified categorical approach no longer applied, the court remanded to the Board of Immigration Appeals to determine if consensual intercourse obtained through fraud falls under the generic federal offense.
Immigration 9th Mar. 10, 2022
McDougall v. County of Ventura
Order
9th Mar. 10, 2022
People v. Pacheco
Denial of defendant's petition to vacate his murder conviction was reversed because the jury instruction did not require jurors to find that defendant directly aided and abetted the target crime of murder.
Criminal Law and Procedure 4DCA/3 Mar. 10, 2022
Moore v. Harper
Opinion
USSC Mar. 9, 2022
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. 9, 2022
In Re Mayer
Order denying a stay-relief motion without prejudice was immediately appealable because it conclusively denied the creditor's relief.
Bankruptcy 9th Mar. 9, 2022
Ballentine v. Tucker
Detective was not entitled to qualified immunity because binding precedent gave fair notice that it would be unlawful to arrest activists, notwithstanding the existence of probable cause.
Civil Rights 9th Mar. 9, 2022
Wooden v. U.S.
Determining whether felonies are part of the same occasion under the Armed Career Criminal Act's requires a multi-factored inquiry that includes timing, location, and the character and relationship of the offenses.
Criminal Law and Procedure USSC Mar. 8, 2022
Doe v. Facebook, Inc.
Order
USSC Mar. 8, 2022
Rogers v. Roseville SH, LLC
Defendants could not compel arbitration since the elderly resident's conduct never manifested an intent for his son to sign the arbitration agreement on his behalf
Arbitration 3DCA Mar. 8, 2022
LA Investments, LLC v. Spix
Mobilehome park's malicious prosecution action prevailed because no reasonable attorney would have imputed nefarious meaning to the park's letter requesting financial information from resident applicant.
Attorneys 2DCA/3 Mar. 8, 2022
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 Mar. 8, 2022
In re A.C.
The Los Angeles County Department of Children and Family Services' failure to ask readily available extended family members about minor's potential Indian ancestry was prejudicial.
Juveniles 2DCA/1 Mar. 8, 2022
People v. Pixley
Where defendant entered into a plea bargain with a stipulated sentence, he was not eligible for resentencing based on military-service-related post-traumatic stress disorder.
Criminal Law and Procedure 4DCA/2 Mar. 8, 2022
Berroteran v. Superior Court (Ford Motor)
Evidence Code Section 1291(a)(2) articulates a general rule in favor of introducing prior trial testimony, but against introducing prior deposition testimony.
Evidence CASC Mar. 8, 2022
Sheen v. Wells Fargo Bank
Banks do not have a duty of care to process, review and respond completely to loan modification applications.
Banking CASC Mar. 8, 2022
In Re Dynamic Random Access Memory Indirect Purchaser Antitrust Litigation
Plaintiffs failed to state a conspiracy claim when the allegations showed that the competitors were reacting to the same market pressures and taking similar actions that served their interests.
Antitrust 9th Mar. 8, 2022
Harbor Breeze v. Newport Landing Sportfishing
An order denying disgorgement of profits in a false advertising claim was reversed because the jury instructions failed to recite the correct legal standard.
Remedies 9th Mar. 8, 2022
Chui v. Chui
A settlement agreement was not unconscionable because appellant's theory of "winning by losing at trial" was based on a misconception of law.
probate_and_trusts 2DCA/1 Mar. 7, 2022
People v. Gonzalez
A statute criminalizing possession of a loaded, operable firearm while also in possession of controlled substances did not violate the Second Amendment right to bear arms.
Criminal Law and Procedure 4DCA/2 Mar. 7, 2022
Pappas v. Chang
Plaintiff was not excused from executing a more comprehensive settlement agreement subsequent to the parties' executed settlement agreement.
Contracts 1DCA/2 Mar. 7, 2022
CIM Urban REIT 211 Main Street (SF) v. City and County of San Francisco
When there is a change of ownership, a San Francisco transfer tax is valid on the entities' real property even if the property is indirectly owned by the entity that experienced the change of ownership.
Tax 1DCA/5 Mar. 7, 2022
FBI v. Fazaga
The Foreign Intelligence Surveillance Act does not displace the state secrets privilege.
Government USSC Mar. 7, 2022