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Segal v. ASICS America Corp.
Costs for demonstratives and photocopies of exhibits prepared for trial, but ultimately not used are not categorically recoverable but are recoverable in the trial court's discretion.
Civil Procedure CASC Jan. 14, 2022
Olson v. Doe
A mediation agreement's nondisparagement clause did not prevent a party from bringing a later lawsuit arising from same alleged harassment.
Civil Procedure CASC Jan. 14, 2022
Sanders v. Davis
A capital defense attorney has a duty to ensure that a client's decision not to present mitigating evidence at the penalty phase is informed and knowing.
Criminal Law and Procedure 9th Jan. 14, 2022
Buffin v. City and County of San Francisco
State was responsible for attorney's fees resulting from civil rights litigation stemming from official's unconstitutional action taken at the State's command.
Civil Rights 9th Jan. 14, 2022
Armstrong v. Reynolds
An "at-will" employee who was terminated for whistleblowing had a property interest in continued employment.
Employment Law 9th Jan. 14, 2022
Jimenez-Sandoval v. Garland
Notice of deportation proceedings served on a 17-year-old minor was adequate notice absent any reason to believe service on an adult would have been more effective at securing an appearance.
Immigration 9th Jan. 14, 2022
American Contractors Indemnity Co. v. Hernandez
A party was not entitled to vacate renewal of judgment where the evidence pointed to his having received notice and being served.
Civil Procedure 2DCA/8 Jan. 13, 2022
Covert v. FCA USA
A trial court should have determined whether a settlement offer was premature and therefore not made in good faith.
Civil Procedure 2DCA/7 Jan. 13, 2022
Xu v. Huang
Defendant's false statements regarding competitor's business practices fell squarely within the commercial speech exemption from anti-SLAPP protection.
Anti-SLAPP 2DCA/1 Jan. 13, 2022
Isaak v. Superior Court (Syngenta AG)
Denial of trial preference motion in coordinated proceeding was proper when court could not follow generally applicable statute because it established a manner of proceeding mostly consistent with preference statute.
Civil Procedure 1DCA/1 Jan. 13, 2022
Catlin Insurance Company v. Danko Meredith Law Firm
Absent a pending fee request, the trial court was not required to rule on the merits of a mooted anti-SLAPP motion.
Anti-SLAPP 1DCA/4 Jan. 13, 2022
In re Terraza
Prisoner lacking capacity to give informed consent to organic therapy was entitled to consideration of views or wishes expressed while competent that indicate whether he would consent to treatment.
Criminal Law and Procedure 4DCA/2 Jan. 13, 2022
Old East Davis Neighborhood Assn. v. City of Davis
Substantial evidence supported a city's approval of a proposed building project.
Government 3DCA Jan. 13, 2022
Ngo v. BMW of North America
Non-signatory third party could not compel arbitration based on an arbitration agreement that was not made expressly for its benefit.
Arbitration 9th Jan. 13, 2022
Crofts v. Issaquah School District No. 411
A school district properly evaluated a student under the Individuals with Disabilities Education Act's enumerated specific learning disability category.
Education 9th Jan. 13, 2022
LNS Enterprises v. Continental Motors
To establish specific jurisdiction, plaintiff bears the burden of submitting materials providing jurisdictional facts in order to avoid defendant's motion to dismiss.
Civil Procedure 9th Jan. 13, 2022
Cortesluna v. Leon
Order
9th Jan. 13, 2022
In re A.V.
Juvenile court denied mother's due process right to be heard at jurisdictional hearing when it waived her parental rights after mother did not attend hearing due to sick child during the pandemic.
Juveniles 3DCA Jan. 13, 2022
Riverside County Public Guardian v. Snukst
Federal and state statutes governing trusts and Medi-Cal require that the California Department of Health Services be reimbursed from the trust before any distribution to its beneficiary.
Health Care 4DCA/2 Jan. 12, 2022
People v. Newsom
Vehicle's loss of value due to "branded title" caused by theft was a real economic loss for which Defendant-Appellant must pay restitution even if victim does not sell the vehicle.
Criminal Law and Procedure 2DCA/8 Jan. 12, 2022
People v. Garrison
Defendant was ineligible for resentencing because the evidence and defendant's plea supported only the conclusion that defendant was the actual killer.
Criminal Law and Procedure 2DCA/1 Jan. 12, 2022
San Diego Unified School Dist. v. State of California
Statutes that partially fulfilled a financial obligation to school districts were not wrongly retroactive because they did not alter the remaining obligations.
Education 3DCA Jan. 12, 2022
Modification: Church Mutual Insurance Co. v. GuideOne Specialty Mutual Insurance
An insurer was not entitled to equitable contribution from another insurer even though both policies covered the risk of fire damage to the same church building.
Insurance 3DCA Jan. 12, 2022
U.S. v. Ponce
Denial of early termination of supervised release that may have resulted from misstatement of law in an earlier decision requiring exceptional behavior was vacated.
Criminal Law and Procedure 9th Jan. 12, 2022
John Doe v. Regents of the University of California
John Does' sex discrimination allegations, when combined, raised a plausible Title IX claim sufficient to withstand dismissal.
Education 9th Jan. 12, 2022
U.S. v. Buck
A defendant's conviction for assaulting a mail carrier with intent to steal qualified as a crime of violence.
Criminal Law and Procedure 9th Jan. 12, 2022
Modification: People v. Jimenez
Defendant's murder conviction was reversed because the police officer obtained defendant's confession by threatening to charge his sons with murder.
Criminal Law and Procedure 4DCA/2 Jan. 12, 2022
Lozano v. City of Los Angeles
A Digital In-Car Video System recording capturing police officers playing Pokemon on duty was properly used as a basis in the disciplinary action.
Administrative Agencies 2DCA/3 Jan. 11, 2022
Mayes v. La Sierra Univerity
A university was required to show there were no reasonable steps it could take to protect spectators' safety if it could do so without altering the nature of baseball.
Torts 4DCA/2 Jan. 11, 2022
Protect Our Neighborhoods v. City of Palm Springs
An ordinance permitting vacation rentals in residential zones did not violate a city's zoning code.
Real Property 4DCA/2 Jan. 11, 2022