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Starr v. Chaparro
A city erred by adopting an initiative as an ordinance rather than placing it on the ballot.
Government 2DCA/6 Oct. 26, 2021
Protect Tustin Ranch v. City of Tustin
Order_and_opinion
4DCA/3 Oct. 26, 2021
Crane v. Dolihite
A plaintiff inmate was denied his right to meaningful access to the courts because official acts frustrated his attempts to complete service of process on defendant inmate.
Civil Rights 5DCA Oct. 25, 2021
Colchester v. Lazaro
Even though the Hague Convention emphasizes expeditiousness, courts must be mindful of complaining litigant's discovery requests, especially in situations involving abuse.
Family Law 9th Oct. 25, 2021
In re M.S.
Because the expert witness did not know the stun gun's voltage, there was insufficient evidence to find that defendant's device was capable of immobilizing a person.
Criminal Law and Procedure 1DCA/3 Oct. 25, 2021
Modification: Strobel v. Johnson & Johnson
An expert witness' opinion that relied on both inadmissible hearsay and general knowledge in the expert's field was improperly disregarded.
Evidence 1DCA/4 Oct. 25, 2021
Save Berkeley's Neighborhoods v. The Regents of the University of California
A developer was not an indispensable party because its interests were sufficiently aligned with the university that had commissioned the project.
Civil Procedure 1DCA/1 Oct. 25, 2021
Doe v. Roman Catholic Archbishop of Los Angeles
The Archdiocese owed a duty to protect a plaintiff taking classes at a Catholic church because a special relationship existed.
Torts 2DCA/7 Oct. 22, 2021
Doe v. Damron
Specific personal jurisdiction is established where tort occurs in state even though defendant is just a visitor.
Civil Procedure 1DCA/5 Oct. 22, 2021
U.S. v. Tat
Fully accurate records are not false entries for a criminal charge of making a false entry in bank records, even if a check had a nexus to money laundering.
Criminal Law and Procedure 9th Oct. 22, 2021
McGill v. Shinn
A post-conviction relief court reasonably concluded that defense counsel's performance was not objectively deficient in light of prevailing professional norms.
Criminal Law and Procedure 9th Oct. 22, 2021
Modification: People v. McDaniel
Admission of firearm was not error when officer had reasonable suspicion observing outline of gun in passenger's pocket.
Criminal Law and Procedure CASC Oct. 22, 2021
Modification: Central Delta Water Agency v. Dept. of Water Resources
Trial court has authority to leave as-is earlier project approvals while an agency seeks California Environmental Quality Act compliance.
Water Rights 3DCA Oct. 22, 2021
Doe v. The Regents of the University of California
Where sex was not consensual because student was clearly drunk by suspended student's own account, "Doe v. Allee" fairness procedures are not required.
Administrative Agencies 1DCA/2 Oct. 21, 2021
Doe v. The Regents of the University of California
A university student's opportunity to cross-examine witnesses was not required to provide a fair process because he admitted to the truth of the essential factual allegations.
Administrative Agencies 1DCA/2 Oct. 21, 2021
Yu v. Idaho State University
In a racial discrimination lawsuit, the district court's remark regarding expert witness' "aversion racism" theory was not legal error.
Civil Rights 9th Oct. 21, 2021
Fraihat v. U.S. Immigration and Customs Enforcement
Because ICE's directives and mandates included protecting immigration detainees from COVID-19, plaintiffs were unable to establish that ICE acted with a deliberate indifference to detainee's medical needs.
Immigration 9th Oct. 21, 2021
McKinney-Drobnis v. Oreshack
The trial court erred in finding that vouchers offered as part of a class-action settlement were not "coupons" under the Class Action Fairness Act.
Civil Procedure 9th Oct. 21, 2021
People v. Greeley
Assembly Bill 1869 requires courts to strike the criminal justice administration fee and the probation supervision fee even though the fees are already uncollectable.
Criminal Law and Procedure 6DCA Oct. 21, 2021
Rodriguez v. Superior Court (People)
The time between when a defendant has been certified as competent and the court's approval of that certificate does not count towards the two-year involuntary commitment limit.
Criminal Law and Procedure 6DCA Oct. 21, 2021
Patterson v. Superior Court (Charter Communications)
In a Fair Employment and House Act claim, an arbitration agreement cannot award attorney fees to a defendant without a showing that the claim was frivolous.
Employment Law 2DCA/7 Oct. 20, 2021
Williams v. RGIS, LLC
Employee agreements containing an arbitration agreement that waived Private Attorney General Act representative actions are unenforceable and are contrary to public policy.
Labor Law 3DCA Oct. 20, 2021
People v. Dominguez
A petition for resentencing based on changes to felony murder law does not allow an inmate to relitigate factual issues decided against him.
Criminal Law and Procedure 4DCA/1 Oct. 20, 2021
People v. Cepeda
Penal Code Section 1170 permits a trial court, upon receiving a letter from the California Department of Corrections and Rehabilitation, to resentence a defendant under Senate Bill No. 1393.
Criminal Law and Procedure 2DCA/4 Oct. 20, 2021
Moreci v. Scaffold Solutions, Inc.
Under the general standing rules requiring some sort of confidential or fiduciary relationship, a trial court correctly determined a party lacked standing to move to disqualify counsel.
Attorneys 1DCA/2 Oct. 20, 2021
In re Walsh
Mandamus relief was denied because a district court did not commit clear error when it ordered the Secretary of Labor to reveal the identities of informant witnesses by a specified date.
Civil Procedure 9th Oct. 20, 2021
Modification: Mt. Diablo Unified School Dist. v. Clayton Valley Charter High School
A school district cannot charge a charter school a pro rata share of overall district 'facilities costs' if the charter school already pays for those costs for its own premises.
Education 1DCA/4 Oct. 20, 2021
In re Cole L.
A juvenile court's findings were improper because substantial evidence did not support the finding of juvenile jurisdiction.
Juveniles 2DCA/7 Oct. 20, 2021
Crestwood Behavioral Health v. Lacy
Arbitration agreement did not supplant Labor Commissioner's ability to investigate employee's employment violation complaints against former employer.
Labor Law 1DCA/3 Oct. 20, 2021
Modification: Li v. Superior Court (Medical Board of California)
A trial court must account for the standard of proof in the underlying administrative proceeding when exercising its independent judgment.
Administrative Agencies 3DCA Oct. 20, 2021