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Optronic Technologies v. Ningbo Sunny Electronic
Where defendants have conspired to violate antitrust laws and harmed a market's competitive structure, they remains liable for the continuing injuries the scheme brought about.
Antitrust 9th Dec. 7, 2021
Rattagan v. Uber Technologies
Order
9th Dec. 7, 2021
Modification: Drink Tank Ventures v. Real Soda in Real Bottles
Where the sole basis for an intentional interference with a prospective economic advantage claim is based on breach of contract, the trial court lacked subject matter jurisdiction because there was no tort.
Business Law 2DCA/2 Dec. 6, 2021
Guttman v. Guttman
A trial court did not err in granting a motion to vacate plaintiff's dismissal of his partnership dissolution action because an order granting the buyout motion effectively supplants the action.
Business Law 2DCA/1 Dec. 6, 2021
Nieves Martinez v. U.S.
Order
9th Dec. 6, 2021
People v. Washington
The People should be given an opportunity to answer an equal protection argument in the trial court when the argument was neither raised at the trial court nor forfeited because it was unlikely to arise there.
Criminal Law and Procedure 2DCA/7 Dec. 6, 2021
Lejins v. City of Long Beach
The City of Long Beach's Measure M water surcharge could not be imposed as an incident of property ownership and therefore violated Article XIII D Section 3 of the California Constitution.
Government 2DCA/1 Dec. 3, 2021
CSAA Insurance Exchange v. Hodroj
Parties are still bound by agreed-upon material terms even though the parties originally contemplated but failed to realize a formal written agreement.
Contracts 6DCA Dec. 3, 2021
BMC Promise Way, LLC v. County of San Benito
A successor in interest was liable for payment of a fee that the previous property interest holder had agreed to.
Contracts 6DCA Dec. 3, 2021
Award Homes, Inc. v. County of San Benito
A real estate developer was required to pay a city "additional amount" fees as part of its development agreement because the parties intended "developer's obligations" to include the additional amount under tax sharing agreements.
Contracts 6DCA Dec. 3, 2021
City of Oakland v. Oakland Raiders
Oakland's inability to pay for an NFL team was not a direct result of the NFL's ultracompetitive pricing for its teams and it therefore did not have standing to pursue a Sherman Act antitrust claim.
Antitrust 9th Dec. 3, 2021
People v. Gonzalez
The wiretap statute does not impose the requirement that an application filed in the District Attorney's absence include information detailing the specific circumstances of the DA's absence.
Criminal Law and Procedure CASC Dec. 3, 2021
People v. Superior Court (Jones)
By standing on an undisclosed numerical rating system to justify peremptory striking of potential jurors, the prosecuting attorney waived the work product privilege regarding his jury selection notes.
Criminal Law and Procedure CASC Dec. 3, 2021
People v. Vasquez
Trial court judges cannot merely apply what they feel is fair and in the interest of justice and must provide evidence of extraordinary circumstances that would warrant mitigation of the Three Strikes law.
Criminal Law and Procedure 4DCA/3 Dec. 3, 2021
Doe v. Lawndale Elementary School Dist.
The Child Abuse and Neglect Reporting Act requires an objective standard but does not require reporting of facts the mandated reporter did not know but should have discovered.
Juveniles 2DCA/7 Dec. 2, 2021
People v. Giddens
Subdivision (c) of Section 243.9 of the Penal Code does not create any rights for an inmate or impose a duty on a detention facility to preserve a suspected gassing substance for evidentiary purposes.
Criminal Law and Procedure 4DCA/2 Dec. 2, 2021
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. 2, 2021
Moniz v. Adecco USA
A settlement approved under the "fair, adequate, and reasonable" standard was appropriate in evaluating the fairness of a Private Attorneys General Act settlement.
Employment Law 1DCA/4 Dec. 2, 2021
In re L.J.
A juvenile's punishment on a reckless evasion of police count was stayed because it was based on the same indivisible course of conduct, with the same intent and objective, as the assault counts.
Juveniles 1DCA/4 Dec. 2, 2021
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. 2, 2021
Duncan v. Bonta
California's ban on large-capacity magazines imposes a minimal burden on Second Amendment rights and is a reasonable means to accomplish the state's important statutory objective of reducing gun violence.
Constitutional Law 9th Dec. 2, 2021
Santos v. El Guapos Tacos, LLC
PAGA notice need only alert the Labor and Workforce Development Agency and employer of ongoing Labor Code violations and need not specifically indicate "other aggrieved employees."
Employment Law 6DCA Dec. 2, 2021
Herrera v. Los Angeles Unified School District
Summary judgment was properly granted because there was no genuine dispute of fact as to whether a school aid acted with deliberate indifference in his supervision of a student who drowned.
Civil Rights 9th Dec. 2, 2021
Gunther v. Alaska Airlines, Inc.
The heightened penalty provisions under the Private Attorneys General Act did not apply because it was undisputed that an airliner provided wage statements to its flight attendants.
Employment Law 4DCA/1 Dec. 2, 2021
People v. Cervantes
A trial court commits no error by not reconsidering an entire sentence when a remittitur directed the court to focus on a particular issue.
Criminal Law and Procedure 2DCA/8 Dec. 2, 2021
In re Harris
A court entering a pretrial detention order must state on the record its reasons for why less restrictive means cannot protect government interests in public safety to satisfy procedural due process.
Criminal Law and Procedure 1DCA/3 Dec. 1, 2021
Spahn v. Richards
Where substantial evidence shows that a party denying requests for admissions did not have a reasonable basis to deny it, the requesting party is entitled to costs of proof.
Civil Procedure 1DCA/3 Dec. 1, 2021
Kumar v. Garland
The bulk of the adverse credibility findings were unsupported by the record because several of the alleged inconsistencies were not inconsistent at all.
Immigration 9th Dec. 1, 2021
Tos v. State of California
As long as the alteration furthers the single object of the law, a bond law may be altered by the Legislature without violating the "single object or work" requirement of the California Constitution.
Constitutional Law 3DCA Dec. 1, 2021
Valderas v. Superior Court (People)
Although defendant claimed he never received a notice to appear, the trial court properly issued a bench warrant because notice had been sent to the address on file.
Criminal Law and Procedure 4DCA/1 Dec. 1, 2021