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In re Google Inc. Street View Electronic Communications Litigation
Cy pres payments only to third-party, advocacy groups is appropriate especially where verification of class member claims would be costly and time-consuming.
Remedies 9th Dec. 28, 2021
Amended Opinion: In re Hutchinson
Even if tax lien could have been avoidable by bankruptcy trustee under Bankruptcy Code Section 724(a), Section 522(h) cannot be used to avoid properly filed tax liens.
Bankruptcy 9th Dec. 27, 2021
Carmona v. Domino's Pizza
Domino's supply drivers, like Amazon drivers, are exempt from the Federal Arbitration Act's general arbitration mandate because the nature of the business is of interstate commerce.
Arbitration 9th Dec. 27, 2021
Amended Opinion: Hodges v. Comcast
Complaint seeking injunctive relief for Comcast cable subscribers did not implicate the *McGill* rule because it did not seek public injunctive relief.
Arbitration 9th Dec. 27, 2021
Modification: People v. Ervin
When the record does not definitively indicate that a petitioner under Penal Code Section 1170.95 is ineligible for relief, the court should issue a show cause order and hold an evidentiary hearing.
Criminal Law and Procedure 4DCA/3 Dec. 27, 2021
Modification: People v. Waxlax
Defendant's dual convictions for assault were improper because they were two convictions of the same offense stemming from the same act.
Criminal Law and Procedure 4DCA/2 Dec. 27, 2021
People v. Financial Casualty & Surety
An emergency rule tolling the limitations period for civil actions did not toll the initial appearance period for a bond forfeiture.
Civil Procedure 4DCA/1 Dec. 23, 2021
Ramirez-Medina v. Garland
Convictions for multiple offenses disqualified Petitioner from eligibility for cancellation of removal proceedings even though the cancellation statute's exception referred to a singular offense.
Immigration 9th Dec. 23, 2021
Buero v. Amazon.com Services
Order
9th Dec. 23, 2021
Newtok Village v. Patrick
In order for federal courts to exercise jurisdiction in cases involving tribal disputes, the case, as pleaded, must involve federal law.
Native American Affairs 9th Dec. 23, 2021
Walcott v. Garland
A noncitizen was not removable because her conviction for offering to transport less than two pounds of marijuana was not a crime involving moral turpitude.
Immigration 9th Dec. 23, 2021
People v. Howard
Denial of an inmate's motion for a Franklin proceeding was deemed premature because the motion met the legal requirements to initiate the process.
Criminal Law and Procedure 4DCA/3 Dec. 23, 2021
Marriage of Tamir
A family court abused its discretion in unsealing records because it failed to assess whether the documents at issue were submitted as a basis for adjudication
Civil Procedure 1DCA/1 Dec. 22, 2021
Bichai v. DaVita, Inc.
Medical staff bylaws' burden of proof for peer review hearings must be consistent with Business and Professions Code Section 809.3(b)'s preponderance of the evidence burden.
Health Care 5DCA Dec. 22, 2021
People v. Nault
Warrantless blood draws were not Fourth Amendment violations when the driver was unconscious and there was no opportunity for a breath test due to medical emergency the driver caused.
Criminal Law and Procedure 2DCA/8 Dec. 22, 2021
Singman v. IMDB.com, Inc.
Appellant's failure to cite legal authority supporting his appeal was a failure to demonstrate legal error that was fatal to the appeal.
Civil Procedure 2DCA/8 Dec. 22, 2021
Amended Opinion: Bladeroom Group Ltd. v. Emerson Electric
In English contract interpretation, court need not look at how commercially reasonable contract term is if that term is stated in clear and plain language.
Contracts 9th Dec. 22, 2021
Rodriguez-Jimenez v. Garland
The Immigration Judge and Bureau of Immigration Appeals are only required to provide a thorough and reasoned analysis of its decision and need not present an exposition on every issue.
Immigration 9th Dec. 22, 2021
U.S. v. Pollard
Nothing in the record objectively demonstrated that defendant would not have pled guilty to being a felon-in-possession had he known of the knowledge-of-status element.
Criminal Law and Procedure 9th Dec. 22, 2021
Theresa D. v. MBK Senior Living LLC
Plaintiff was not bound by arbitration agreement signed by her adult daughter when placing her in a residential care facility because the daughter had not been granted authority to handle such matters.
Arbitration 1DCA/3 Dec. 22, 2021
People v. Sta Ana
A trial judge's arguably offensive word choice during questioning was not so prejudicial that it denied defendant a fair trial.
Criminal Law and Procedure 6DCA Dec. 22, 2021
See's Candies, Inc. v. Superior Court (Ek)
Where wife allegedly contracts COVID-19 at her workplace and husband contracts it and dies, her ensuing claim against her workplace was not preempted by Workers' Compensation Act exclusivity provisions.
Workers' Compensation 2DCA/1 Dec. 22, 2021
In re Emily L.
Juvenile court erred in finding it had jurisdiction when circumstances had improved dramatically during a 13-month delay between filing the petition and the jurisdictional and disposition hearing.
Juveniles 2DCA/8 Dec. 22, 2021
Washington v. Shinn
Defense counsel's failure to obtain education and incarceration records did not establish deficient performance where there was no showing that those records contained meaningful mitigation evidence.
Criminal Law and Procedure 9th Dec. 21, 2021
Widjaja v. JPMorgan Chase Bank
Bank's earlier failure to take corrective action when it became aware of fraudulent transfers made it plausible that it would again fail to take corrective action if later notified by the account-holder.
Banking 9th Dec. 21, 2021
Hill RHF Housing Partners, L.P. v. City of Los Angeles
Plaintiffs were not barred by remedy exhaustion from bringing an issue before the courts when the only extrajudicial dispute resolution process available was participation in a public comment session.
Administrative Agencies CASC Dec. 21, 2021
Modification: Mission Peak Conservancy v. State Water Resources Control Board
State Water Resources Control Board action of granting a small domestic use registration is ministerial, and therefore exempt from the California Environmental Quality Act (CEQA).
Water Rights 1DCA/5 Dec. 21, 2021
Samantha B. v. Aurora Vista Del Mar, LLC
Medical Injury Compensation Reform Act limits did not apply to plaintiffs' causes of action under the Elder Abuse Act where jury found both professional negligence and reckless neglect.
Health Care 2DCA/6 Dec. 21, 2021
People v. Lange
Police officer's hot pursuit of fleeing misdemeanant into a garage did not trigger the exclusionary rule even though the officer relied on binding precedent that was later overturned.
Criminal Law and Procedure 1DCA/5 Dec. 21, 2021
Russell v. Dept. of Corrections and Rehabilitation
A parole officer did not have a duty to warn the victim of the parolee's dangerous propensities because there was insufficient evidence that a special relationship existed.
Torts 3DCA Dec. 20, 2021