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D.D. v. Los Angeles Unified School District
A student was required to exhaust his remedies under the Individuals with Disabilities Education Act because the gravamen of the student's Americans Disability Act complaint was the denial of a free appropriate public education. 		Disability Discrimination 9th Nov. 22, 2021
Plaskett v. Wormuth
Under the Administrative Procedure Act, plaintiff's failure to plead a discrete action the Army was required to take was a failure to state a claim upon which relief could be granted. 		Administrative Agencies 9th Nov. 22, 2021
Optional Capital v. DAS Corporation
An ambiguous judgment did not include an award for funds that the district court did not have before it in making its final judgment. 		Civil Procedure 9th Nov. 22, 2021
People v. Farfan
A superior court's denial of defendant's petition for resentencing was harmless error because the jury's finding precluded relief as a matter of law. 		Criminal Law and Procedure 2DCA/2 Nov. 22, 2021
Cerletti v. Newsom
A taxpayer action challenging emergency assistance for undocumented immigrants was moot because the payments had already been made and were not likely to recur. 		Tax 2DCA/5 Nov. 19, 2021
Neurelis, Inc. v. Aquestive Therapeutics, Inc.
Statements made to investors were not protected under the anti-SLAPP statute because they fell under the statute's commercial speech exemption. 		Anti-SLAPP 4DCA/1 Nov. 19, 2021
Blizzard Energy, Inc. v. Schaefers
Trial court erred when adding an LLC as an alter ego judgment debtor because debtor's former wife with an interest in the LLC may be an innocent third party harmed by the addition. 		Corporations 2DCA/6 Nov. 19, 2021
Fried v. Wynn Las Vegas
In a hostile work environment claim, the trial court erred by focusing on the customer's behavior rather than the employer's response. 		Employment Discrimination 9th Nov. 19, 2021
Perry v. Hollingsworth
The court lacked jurisdiction over the appeal because appellants failed to establish that the release of sealed recordings would result in a concrete and particularized injury. 		Constitutional Law 9th Nov. 19, 2021
Goulart v. Garland
The Board of Immigration Appeals denied petitioner's claim for equitable tolling because petitioner failed to diligently pursue his rights during the time between his removal and the change in law. 		Immigration 9th Nov. 19, 2021
Soto-Soto v. Garland
Order 		9th Nov. 19, 2021
Center for Community Action v. Federal Aviation Administration
Petitioners seeking review of a Federal Aviation Administration Final Environmental Assessment finding bear the burden of showing missteps on the part of the FAA. 		Environmental Law 9th Nov. 19, 2021
Leroy v. Yarboi
Education Code Section 44808 granted a school district and its employees immunity when a student's suicide occurred at home during summer break. 		Education 4DCA/2 Nov. 18, 2021
Modification: People v. Alatorre
Petitioner was reasonably diligent because, although the change in law had become effective two years prior, he promptly retained counsel after learning of the change in law. 		Immigration 4DCA/1 Nov. 18, 2021
Modification: State Farm General Insurance Company v. Lara
In the prior approval system for insurance rates, the insurance commissioner cannot consider projected investment income from affiliate companies in setting a fair rate. 		Insurance 4DCA/1 Nov. 18, 2021
Morgan v. Sundance Inc.
Order 		USSC Nov. 17, 2021
The Inns by the Sea v. California Mutual Ins. Co.
An insured could not recover for loss of business income because it could not reasonably allege that the presence of COVID-19 on its premises caused the suspension of operations. 		Insurance 4DCA/1 Nov. 17, 2021
People v. Venice Suites, LLC
The plain language of the Los Angeles Municipal Code supported a building owner's use of a building. 		Real Property 2DCA/8 Nov. 17, 2021
Ngu v. City Bail Bonds
Bail bond agents cannot solicit bail for plaintiff's co-arrestee. 		Criminal Law and Procedure 2DCA/5 Nov. 17, 2021
In re S.G.
Where juvenile court terminated jurisdiction, controversy was not moot because an appellate court's order would create the limited jurisdiction needed to afford effective relief. 		Juveniles 2DCA/1 Nov. 17, 2021
C.T. v. K.W.
A mother was eligible for attorneys fees because a child support action and custody action were related actions. 		Family Law 1DCA/4 Nov. 17, 2021
U.S. v. Langley
The decision in Raich v. Gonzales is still binding precedent, and in line with that decision, there is no fundamental right to use medical marijuana. 		Constitutional Law 9th Nov. 17, 2021
Amended Opinion: U.S. v. Telles
No substantial evidence of defendant's incompetence during proceedings where defendant understood charges against him and discussed mental health as part of litigation strategy. 		Criminal Law and Procedure 9th Nov. 17, 2021
Argonaut Insurance v. St. Francis Medical Center
Conditionally pled counterclaims for monetary relief, without more, do not trigger mandatory jurisdiction over declaratory claims. 		Civil Procedure 9th Nov. 17, 2021
People v. Fisher
A statute mandating the disparate punishment of similarly situated convicted felons violated constitutional equal protection principles. 		Constitutional Law 1DCA/4 Nov. 17, 2021
Noble v. Superior Court (Noble)
A family court was required to make the findings necessary to rebut the statutory presumption against an award of custody to a father who had perpetrated domestic violence against the mother. 		Family Law 5DCA Nov. 16, 2021
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 Nov. 16, 2021
Munoz v. Smith
Petitioner's claims were not cognizable under federal habeas law where supervisory conditions were not "custodial" within the meaning of federal habeas statute. 		Criminal Law and Procedure 9th Nov. 16, 2021
J.K.J. v. City of San Diego
A plaintiff failed to plausibly allege that an officer violated a detainee's constitutional right to adequate medical treatment. 		Civil Rights 9th Nov. 16, 2021
Southwest Fair Housing Council v. Maricopa Domestic Water
Water District's policy of charging higher security deposits to public housing tenants served a legitimate business interest because it otherwise struggled to recover delinquent fees. 		Civil Rights 9th Nov. 15, 2021
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