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Calonge v. City of San Jose
An officer was not entitled to qualified immunity for using deadly force where there was conflicting evidence regarding the circumstances preceding the shooting.
Qualified Immunity 9th Jun. 10, 2024
Health Freedom Defense Fund, Inc. v. Carvalho
School distict's voluntary cessation of COVID-19 mandatory vaccination policy requirements did not moot case given its record of changing its policy when facing litigation.
Education 9th Jun. 10, 2024
Modification: Ververka v. Dept. of Veterans Affairs
*Harris* case law that allows for some relief for a FEHA plaintiff even after a successful "same decision" defense does not extend to whistleblower retaliation claims.
Employment Discrimination 1DCA/1 Jun. 7, 2024
Cohen v. Superior Court (Schwartz)
Overruling *Riley v. Hilton Hotels Corp,* appellate court determined that Government Code Section 3600(a) only allows the government, not private individuals, to prosecute municipal code violations.
Municipal Law 2DCA/4 Jun. 7, 2024
Bailey v. Murray
Domestic violence defendant was not denied due process.
Family Law 4DCA/2 Jun. 7, 2024
People v. Fish
Lack of unanimity instruction regarding lesser included offense was harmless where jury resolved basic credibility dispute against defendant and would have convicted him of any offense shown by the evidence.
Criminal Law and Procedure 1DCA/4 Jun. 7, 2024
Becerra v. San Carlos Apache Tribe
The Indian Self-Determination and Education Assistance Act requires reimbursement for contract support costs incurred by tribes spending program income on healthcare programs under self-determination contracts.
Native American Affairs USSC Jun. 7, 2024
Connelly v. U.S.
A corporation's contractual obligation to redeem shares did not reduce a corporation's value for the purposes of the federal estate tax.
Tax USSC Jun. 7, 2024
Truck Insurance Exchange v. Kaiser Gypsum Co.
An insurer with financial responsibility for bankruptcy claims is a "party in interest" that "may raise and may appear and be heard on any issue" in a Chapter 11 case.
Bankruptcy USSC Jun. 7, 2024
Make UC a Good Neighbor v. The Regents of the University of California
Plaintiffs' claims that environmental impact report was inadequate for failure to consider social noise and alternative sites lacked merit because of urgency legislation that amended the California Environmental Quality Act.
Environmental Law CASC Jun. 7, 2024
People v. Gefrerer
A perpetrator's calm demeanor and a bank's policy to acquiesce to demands for money under criminal threat did not negate the satisfaction of the "fear" element necessary for a robbery conviction.
Criminal Law and Procedure 4DCA/1 Jun. 7, 2024
CBRE v. Superior Court (Johnson)
In a *Privette* delegation analysis, trial court erred by focusing on the timing of the execution of the contract, rather than the delegation implicit in turning over control of the work site.
Torts 4DCA/1 Jun. 6, 2024
Calise v. Meta Platforms, Inc.
Social media company was not shielded by Communications Decency Act from liability for alleged violations of duty that arose independently from company's role as publisher of third-party content.
Cyber Law, Contracts 9th Jun. 6, 2024
People v. Mayberry
Ameliorative sentencing statute applied to prior prison term enhancements that were imposed but stayed during original sentencing.
Criminal Law and Procedure 5DCA Jun. 6, 2024
Modification: Lorch v. Superior Court (Kia Motors America, Inc.)
Petitioner's peremptory challenge to judge reassigned to her case filed before trial began was timely where the parties were notified of the reassignment via telephone call from the court clerk.
Civil Procedure 4DCA/1 Jun. 6, 2024
People v. Rounds
Trial court should have considered post-release conduct rather than the nature and circumstances of the underlying conviction when evaluating a petition for a certificate of rehabilitation.
Criminal Law and Procedure 4DCA/3 Jun. 6, 2024
People ex rel. International Assn. of Firefighters v. City of Palo Alto
In quo warranto action, trial court's decision to fashion an alternative remedy rather than invalidate an unlawful measure was an abuse of discretion.
Municipal Law, Remedies 6DCA Jun. 5, 2024
Sidibe v. Sutter Health
Removing the word purpose from two jury instructions required reversal because it resulted in the jury not considering defendant's possible anticompetitive purpose when evaluating an unreasonable course of conduct claim.
Antitrust 9th Jun. 5, 2024
M&T Farms v. Federal Crop Insurance Corp.
A farming operation that is a fractional partner in a storefront selling farming goods was not a qualifying person under an FCIC insurance policy.
Administrative Agencies 9th Jun. 5, 2024
Southern California Edison Co. v. Superior Court (21st Century Insurance Co.)
Attorney work product generated from investigation as to whether client complied with public reporting statutory requirements was protected by the work product privilege.
Attorneys 2DCA/1 Jun. 4, 2024
U.S. v. Farias-Contreras
Prosecutor breached the agreement in a plea to not recommend a sentence in excess of the low-end guideline range by surrounding that recommendation with inflammatory rhetoric.
Criminal Law and Procedure 9th Jun. 4, 2024
Smith v. Garland
Petitioner failed to preserve document authentication challenges in removability proceedings by challenging only the accuracy of the information on the documents, rather than whether the documents were what they purported to be.
Immigration 9th Jun. 4, 2024
Carley v. Aranas
Prison medical director was entitled to qualified immunity for denying treatment to inmate with Hepatitis C because there was no legal consensus regarding constitutionally sufficient treatment for such patients.
Qualified Immunity 9th Jun. 4, 2024
People v. Burgos
Penal Code Section 1109, allowing for bifurcation of certain gang-related trials, may not be applied retroactively.
Criminal Law and Procedure CASC Jun. 4, 2024
Mueller v. Mueller
A confidentiality clause in an agreement that repeatedly and explicitly stated that it created no enforceable rights was not enforceable.
Contracts, Family Law 1DCA/5 Jun. 4, 2024
A.L. v. Harbor Developmental Disabilities Foundation
Regional Center had no duty to protect disabled individual from sexual assault by third-party vendor employee where employee had no previous history of questionable behavior.
Torts 2DCA/2 Jun. 3, 2024
Bristol SL Holdings, Inc. v. Cigna Health and Life Insurance Company
Employment Retirement Income Security Act preempted claims that health plan administrator's denial of reimbursements violated state law.
Insurance 9th Jun. 3, 2024
Carolina Beverage Corp. v. Fiji Water Co., LLC
Distribution contract was not constructively terminated where the distributor continued to operate under it after the purported constructive termination.
Contracts 2DCA/2 Jun. 3, 2024
In re A.M.
Conviction as adult for crime committed at 14 years old was nonfinal after conditional reversal, entitling defendant to benefit from laws barring transfer of such cases to adult criminal court.
Criminal Law and Procedure, Juveniles 2DCA/6 Jun. 3, 2024
Walter Betschart v. State of Oregon
*Younger* federal abstention was inappropriate where the state of Oregon was failing to provide counsel for indigent criminal defendants.
Prisoners' Rights 9th Jun. 3, 2024