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Friends, Artists & Neighbors of Elkhorn Slough v. Cal. Coastal Com.
Granting a coastal development permit was improper when a required report discussing alternative and mitigating environmental measures did not precede the approval.
Environmental Law 6DCA Dec. 15, 2021
Adoption of S.S.
A family law court had jurisdiction to amend adoption orders to include a post adoption contract agreement in the exercise of its equitable powers.
Family Law 1DCA/3 Dec. 14, 2021
Infineum USA v. Chevron Oronite Co.
Order
USSC Dec. 14, 2021
U.S. v. Lozoya
Order
9th Dec. 14, 2021
Getz v. Superior Court (County of El Dorado)
A Public Records Act request was not unduly burdensome because the request specified particular email addresses and so the emails, although numerous, would be easy to locate.
Public Records Act 3DCA Dec. 14, 2021
Marriage of Kahan and Diamond
When ruling on a request to modify spousal support, the court is not required to articulate how it considered each factor in making its decision.
Family Law 2DCA/5 Dec. 13, 2021
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. 13, 2021
People v. Strother
Defendant posed an unreasonable risk of committing a "super strike" under Proposition 47 because his prior offenses were extremely close to being super strikes.
Criminal Law and Procedure 2DCA/8 Dec. 13, 2021
Modification: First American Title Insurance Co. v. California Dept. of Tax and Fee Administration
An insurer was not exempt from the economic burden of sales tax even if legal incidence could not be imposed.
Tax 4DCA/1 Dec. 13, 2021
Foley Investments v. Alisal Water Corp.
Where a water main was installed pursuant to a contract and was designed to fulfill only an individual need, it did not serve a public use for inverse condemnation purposes.
Utilities 4DCA/1 Dec. 13, 2021
People v. Ramirez
Gang enhancements were vacated because the prosecution presented insufficient evidence to show that the gang defendants allegedly sought to benefit qualified as a criminal street gang.
Criminal Law and Procedure 4DCA/2 Dec. 13, 2021
Whole Woman's Health v. Jackson
Pre-enforcement challenge to a law seeking equitable relief was appropriate as to officials vested with the authority to enforce parts of the challenged state law.
Immunity USSC Dec. 13, 2021
U.S. v. Texas
Order
USSC Dec. 13, 2021
Arroyo v. Rosas
In cases alleging Americans with Disabilities Act and Unruh Act violations, courts may properly decline supplemental jurisdiction due to exceptional circumstances but must do so before adjudicating the entire case.
Disability Discrimination 9th Dec. 13, 2021
Ahlman v. Barnes
A stay of a preliminary injunction under the Prison Litigation Reform Act does not toll the 90-day automatic expiration.
Prisoners' Rights 9th Dec. 13, 2021
Modification: Acres v. Marston
In a suit involving Indian tribes' employees, sovereign immunity did not apply because plaintiff sought monetary relief from the employees in their individual capacities.
Immunity 3DCA Dec. 13, 2021
In re Scarlett V.
Where evidence clearly supports a finding of Special Immigrant Juvenile status, courts must, at a minimum, consider the evidence and issue a determination.
Immigration 2DCA/7 Dec. 10, 2021
De Leon v. Pinnacle Property Management Services, LLC
Arbitration agreement signed as a precondition of employment was unenforceable because its terms limiting discovery and shortening the limitations period for all claims were unconscionable.
Arbitration 4DCA/3 Dec. 10, 2021
People v. Silva
During redesignation and resentencing, due process requires that petitioners are provided notice regarding the crimes to be redesignated.
Criminal Law and Procedure 1DCA/4 Dec. 10, 2021
Saved Magazine v. Spokane Police Department
A police officer was entitled to qualified immunity because plaintiff journalist did not identify a clearly established right that the officer violated.
Immunity 9th Dec. 10, 2021
People v. Waxlax
Defendant's dual convictions for assault were improper because they were actually two convictions for the same offense stemming from the same act.
Criminal Law and Procedure 4DCA/2 Dec. 10, 2021
Modification: Y.C. v. Superior Court (People)
Statements taken in violation of the Fifth and Sixth Amendments could not be sealed merely to protect privacy.
Constitutional Law 1DCA/4 Dec. 9, 2021
Modification: People v. Schuller
Imperfect self-defense must be based on a misperception of the circumstances and cannot be based purely on delusions.
Criminal Law and Procedure 3DCA Dec. 9, 2021
Modification: People v. Lewis
Trial court's mash-up of CALCRIM Nos. 1201 and 1203 to include deception, while removing force or threat of force element for kidnapping, was an erroneous statement of the law.
Criminal Law and Procedure 4DCA/3 Dec. 9, 2021
Brach v. Newsom
Order
9th Dec. 9, 2021
Arizona Democratic Party v. Hobbs
Arizona's election-day deadline for voters to correct an unsigned affidavit on their vote-by-mail ballot passed constitutional muster because Arizona's interests justify the deadline and the burden on voters is minimal.
Constitutional Law 9th Dec. 9, 2021
Tucker v. Shreveport
Order
USSC Dec. 7, 2021
John Doe v. San Diego Unified School District
Order
9th Dec. 7, 2021
U.S. v. Briones
The imposition of a life sentence for crimes committed by defendant while he was a juvenile was affirmed because the resentencing judge clearly considered defendant's youth.
Criminal Law and Procedure 9th Dec. 7, 2021
In re Rudolf P. Sienega
State tax debt was nondischargeable because debtor's faxes to the California Franchise Tax Board did not qualify as returns.
Bankruptcy 9th Dec. 7, 2021