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ACA Connects v. Bonta
California law regulating broadband service providers was not preempted by FCC's federal regulatory authority because the FCC relinquished the authority to regulate the service providers when it reclassified them.
Cyber Law 9th Jan. 31, 2022
Modification: In re Lisea
Improper kill zone instruction was prejudicial error warranting reversal of attempted murder conviction.
Criminal Law and Procedure 3DCA Jan. 31, 2022
California Correctional Peace Officers Assn. v. Workers' Comp. Appeals Bd.
Notice satisfied due process requirements where petitioner had notice of the hearing date, time, and presiding administrative law judge despite no specific indication the hearing would be telephonic.
Workers' Compensation 3DCA Jan. 31, 2022
Multiversal Enterprises-Mammoth Properties, LLC v. Yelp, Inc.
Denial of restaurant owner's motion to compel production of Yelp's software source code was proper because its production was not necessary.
Civil Procedure 2DCA/1 Jan. 31, 2022
Melendez v. Westlake Services, Inc.
Federal Trade Commission's Holder Rule allows for the recovery of attorney fees from not just the seller, but also the creditor-assignee.
Consumer Law 2DCA/8 Jan. 31, 2022
Oroville Hospital v. Superior Court (Ambrose)
Nurses' provision of wound care to deceased did not give rise to the substantial caretaking relationship required to establish neglect under the Elder Abuse Act.
Torts 3DCA Jan. 28, 2022
People v. Mani
Burglary is a crime of domestic violence for purposes of Penal Code Section 1109 given the Family Code's expanded definition of domestic violence includes disturbing the peace as a form of abuse.
Criminal Law and Procedure 3DCA Jan. 28, 2022
Greif v. Sanin
Buyer of land was entitled to specific performance and duplicative conversion damages because seller unreasonably delayed the release of buyer's escrow deposit funds.
Real Property 4DCA/2 Jan. 28, 2022
Lawson v. PPG Architectural Finishes, Inc.
In a whistleblower retaliation case, plaintiff may prevail as long as retaliation was a contributing factor, even if it is not the sole reason for the adverse employment action.
Employment Law CASC Jan. 28, 2022
Amended Opinion: In Re Grand Jury
The 'primary purpose' test governs attorney-client privilege rather than the 'because of' test.
Attorneys 9th Jan. 28, 2022
Duff v. Jaguar Land Rover North America, LLC
Determining who was the prevailing party for fee-shifting purposes in breach of implied warranty suit should have been based on the extent to which the buyer achieved his litigation objectives.
Consumer Law 4DCA/1 Jan. 28, 2022
Falcon Brands, Inc. v. Mousavi & Lee, LLP
Attorney's escalating series of threats, in separate emails, transformed legitimate settlement demands into unprotected extortion.
Anti-SLAPP 4DCA/3 Jan. 28, 2022
People v. Orellana
Senate Bill 317, addressing conduct credit for medical treatment to gain competency, does not apply retroactively.
Criminal Law and Procedure 6DCA Jan. 27, 2022
U.S. v. Ceja
Colloquy regarding defendant's oral waiver of a jury trial that did not discuss that jurors would be members of his community or his right to participate in jury selection was adequate.
Criminal Law and Procedure 9th Jan. 27, 2022
U.S. v. Orrock
Indictment returned more than six years after first affirmative act of evading tax assessment was still timely when returned less than six years from the last affirmative act of evasion.
Criminal Law and Procedure 9th Jan. 27, 2022
Johnson v. Baker
Nevada prison regulation that left devout Muslim without the use of religious scented oil for the vast majority of his prayers violated the Religious Land Use and Institutionalized Persons Act.
Civil Rights 9th Jan. 27, 2022
Ernst and Haas Management Co. v. Hiscox, Inc.
The district court erred by relying on the facts of an embezzlement case instead of applying the insurance policy terms to the facts of the case.
Insurance 9th Jan. 27, 2022
Modification: North American Title Co. v. Gugasyan
The "safe harbor" presumption does not require a notary to verify with the Department of Motor Vehicles that a driver's license is legitimately issued.
Torts 2DCA/2 Jan. 26, 2022
Mubanda v. City of Santa Barbara
Absent any applicable exceptions, a city was entitled to governmental immunity from liability for the death of an individual who died while engaged in the hazardous recreational activity of paddleboarding.
Immunity 2DCA/6 Jan. 26, 2022
North Sonoma Coast Fire Protection Dist. v. Roeser
County auditors do not have a mandatory duty to recalculate Education Revenue Augmentation Fund shifts whenever a new special district forms.
Tax 3DCA Jan. 26, 2022
San Francisco Apartment Assn. v. City and County of San Francisco
San Francisco rent ordinance that seeks to prevent coerced, bad faith eviction through unreasonably high rent increases is a valid exercise of city's authority to regulate evictions.
Real Property 1DCA/4 Jan. 26, 2022
Modification: Pappas v. State Coastal Conservancy
Trial courts may adjudicate actions for relief to restrain any Coastal Act violation.
Administrative Agencies 2DCA/6 Jan. 26, 2022
Velasquez-Gaspar v. Garland
Order
9th Jan. 26, 2022
Brown v. State of Arizona
A university was not liable for student abuse when it did not know of the specific victim's abuse and the abuse did not occur in an area or situation it had control over.
Constitutional Law 9th Jan. 26, 2022
U.S. v. King
Federal inmate was statutorily barred from filing for compassionate release on his own motion because the date of his convictions placed him under the "old law" framework governing compassionate release.
Criminal Law and Procedure 9th Jan. 26, 2022
Sharma v. HSI Asset Loan Obligation Trust 2007-1
The district court should have remanded the case because it was removed to federal court by a party not named in the complaint.
Civil Procedure 9th Jan. 26, 2022
People v. Rorabaugh
Warrantless seizure of defendant's vehicle accomplished by trespassing on private property was a Fourth Amendment violation for which defendant was entitled to suppression of the evidence so obtained.
Criminal Law and Procedure 3DCA Jan. 26, 2022
Hughes v. Northwestern Univ.
The Seventh Circuit failed to consider whether retirement plan administrators breached fiduciary duties by failing to remove imprudent investments from the plan.
Administrative Agencies USSC Jan. 25, 2022
Williams v. U.S.
Order
USSC Jan. 25, 2022
Students for Fair Admissions v. President and Fellows of Harvard
Order
USSC Jan. 25, 2022