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People v. Morales
The right to use deadly force to prevent a robbery requires a reasonable belief that the victim of the robbery would suffer great bodily injury or death.
Criminal Law and Procedure 1DCA/4 Oct. 1, 2021
Caballero v. Premier Care Simi Valley
Absent fraud, a party with limited English proficiency cannot avoid an arbitration provision he signed.
Arbitration 2DCA/6 Sep. 30, 2021
Amaro v. Anaheim Arena Management
A class-action settlement was overbroad because it went beyond the factual allegations in the complaint and covered all claims relating to the legal theories of the complaint.
Employment Law 4DCA/3 Sep. 30, 2021
People v. Wise
Defendant was subject to multiple convictions because it is possible to cause a gun to be manufactured without ever taking possession of it.
Criminal Law and Procedure 3DCA Sep. 30, 2021
Modification: Guardianship of S.H.R.
Special immigrant juvenile petition requires a showing that child's reunification with parents is unviable due to abuse, abandonment, or neglect, and a fear of gangs does not fall into any of those categories.
Juveniles 2DCA/1 Sep. 30, 2021
Schreiber v. City of Los Angeles
The City of Los Angeles was not required to affirmatively find that granting building density incentives was economically necessary for a project with affordable housing units.
Government 2DCA/6 Sep. 30, 2021
Humphrey v. Bewley
Publication of a property's assessor parcel number without a legal description is insufficient to satisfy service of process in quiet title actions.
Real Property 4DCA/2 Sep. 30, 2021
People v. Dawson
A defendant government employee in a conflict of interest matter has the burden of showing a reasonable doubt as to whether others would have received similar terms.
Criminal Law and Procedure 6DCA Sep. 30, 2021
In re J.D.
A juvenile court was required to consider whether the child had a substantial, positive, emotional attachment before terminating a mother's parental rights.
Juveniles 1DCA/2 Sep. 30, 2021
California River Watch v. City of Vacaville
A defendant can be held liable as a transporter of waste under the Resource Conservation and Recovery Act even if it did not play a role in discarding the waste.
Environmental Law 9th Sep. 30, 2021
Stromberg v. Qualcomm
Antitrust class action certification was erroneous where choice of law analysis incorrectly concluded that other states had no interest in applying their laws.
Antitrust 9th Sep. 30, 2021
In re Marti
A case was not moot when the court could afford an inmate relief because the disciplinary finding at issue could be considered in future adjudications.
Criminal Law and Procedure 3DCA Sep. 30, 2021
Missakian v. Amusement Industry, Inc.
Regardless of attorney's status as in-house counsel, oral agreements with employer for litigation bonuses are contingency agreements that must be in writing and signed by both counsel and employer.
Attorneys 2DCA/5 Sep. 30, 2021
Muskan Food & Fuel, Inc. v. City of Fresno
An email presenting concerns about an oversaturation of alcohol licenses did not exhaust administrative remedies under Fresno's Municipal Code.
Administrative Agencies 5DCA Sep. 29, 2021
Dept. of Fair Employment and Housing v. M&N Financing Corporation
Employees who were coerced by their employer to engage in discriminatory conduct were aggrieved parties under the Fair Employment and Housing Act.
Employment Law 2DCA/5 Sep. 29, 2021
People v. Fultz
Because a plea bargain ultimately required that witnesses tell the truth at trial, the witnesses' testimony was not coerced.
Criminal Law and Procedure 3DCA Sep. 29, 2021
Banc of California v. Superior Court (N977CB Holdings, LLC)
Absent a clear arbitration provision, the threshold question of the parties' intent to arbitrate should be resolved by the court and not an arbitrator.
Contracts 2DCA/7 Sep. 29, 2021
Dae v. Traver
There was 'minimal merit' to avoid being struck as SLAPP when a petition challenged provisions in a family trust containing a no contest clause.
Anti-SLAPP 2DCA/2 Sep. 29, 2021
People v. Harring
A trial court's denial of a petition for resentencing was improper because the trial court considered the actual facts of a prior conviction rather than only the statutory elements.
Criminal Law and Procedure 5DCA Sep. 29, 2021
People v. Bankers Insurance Co.
Trial court had a rational basis to believe that a defendant had a sufficient excuse for failing to appear based on the conclusion that it would be strange to post bail and fail to appear.
Criminal Law and Procedure 1DCA/2 Sep. 29, 2021
Hawkins v. U.S.
A veteran was permitted to sue the government for her injuries under the Federal Torts Claim Act because she was not barred by the Federal Employees' Compensation Act.
Torts 9th Sep. 29, 2021
City of Oakland v. Wells Fargo & Co.
Fair Housing Act requires Wells Fargo's discriminatory lending to be directly related to City of Oakland's depressed housing values in order for City to establish proximate cause and claim damages.
Civil Rights 9th Sep. 29, 2021
Ballou v. McElvain
A police chief was not entitled to qualified immunity when an officer asserted that she had been retaliated against for filing sex-discrimination lawsuits.
Civil Rights 9th Sep. 29, 2021
Nolasco-Amaya v. Garland
Pro se petitioner's appeal must be liberally construed and meets specificity requirements if it provides enough information as to how and why she thought the immigration judge erred.
Immigration 9th Sep. 29, 2021
DePaul Industries v. Miller
Because there was no clearly established property interest in renewable city contracts under an Oregon statute, an assistant city attorney was entitled to qualified immunity.
Immunity 9th Sep. 29, 2021
Lake v. Ohana Military Communities
Because Congress has allowed Hawaii to assert concurrent legislative power over a Marine Corps base, there was no federal question jurisdiction over plaintiffs' state law claims.
Civil Procedure 9th Sep. 28, 2021
Melnik v. Dzurenda
Prison officials' argument for qualified immunity failed because they violated a clearly established right when they prevented an inmate's access to evidence for use in inmate's prison disciplinary hearing.
Criminal Law and Procedure 9th Sep. 28, 2021
Vulk v. State Farm General Ins. Co.
A mere stipulation that facts are "sufficiently similar" to another case considered in the same appeal results in an inadequate record for the court to review the judgment.
Civil Procedure 3DCA Sep. 27, 2021
Thurston v. Omni Hotels Management Corporation
A plaintiff must possess a bona fide intent to make use of a business' services to prevail under the Unruh Civil Rights Act.
Disability Discrimination 4DCA/2 Sep. 27, 2021
Shoop v. Cassano
Order
USSC Sep. 27, 2021