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Harris v. Thomas Dee Engineering Co., Inc.
An expert's declaration that purportedly contradicted his earlier deposition should have been considered on summary judgment because the declaration did not prejudice the opposing party. 		Torts 1DCA/5 Sep. 7, 2021
People v. Rodriguez
Criminal defendants are only eligible for mental health diversion until they are convicted or plead guilty. 		Criminal Law and Procedure 4DCA/1 Sep. 7, 2021
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. 7, 2021
U.S. v. Juliano
Counsel's failure to anticipate legislation that reduced minimum sentences was not objectively unreasonable given that it was unclear whether it would become law at time of defendant's sentencing. 		Criminal Law and Procedure 9th Sep. 7, 2021
Woodhill Ventures, LLC v. Yang
Defendant's statements were not made in connection with an issue of 'candy confusion' but were aimed to whip up a crowd for vengeful retribution against a bakery. 		Anti-SLAPP 2DCA/8 Sep. 7, 2021
Carcamo v. L.A. County Sheriff's Dept.
City ordinances criminalizing acts related to public drunkenness are preempted because they conflict with Section 647(f). 		Civil Rights 2DCA/3 Sep. 7, 2021
Modification: Herrera v. Doctors Medical Center of Modesto
PAGA claims cannot be forced into arbitration based on agreements made by the former employees before they became authorized representatives of the state. 		Arbitration 5DCA Sep. 3, 2021
People v. Grabham
Dual convictions of Vehicle Code Sections 23152(a) and 23152(b) prohibiting driving under the influence are 'both possible and proper.' 		Criminal Law and Procedure 1DCA/4 Sep. 3, 2021
Duncan v. Kihagi
Complaints from other tenants were not considered character evidence regarding the landlord because they countered attempts to depict plaintiff as an overly sensitive tenant. 		Evidence 1DCA/1 Sep. 3, 2021
Giha v. Garland
Deportee claiming derivative U.S. citizenship based on parent's naturalization is required to present more evidence of parent's dissolution than a travel authorization. 		Immigration 9th Sep. 3, 2021
Garcia v. City of Los Angeles
Plaintiffs were likely to succeed on their claim that the destruction of bulky items stored in a public area violated the Fourth Amendment's protection against unreasonable seizures. 		Civil Rights 9th Sep. 3, 2021
Corrigan v. Haaland
Interior's Interior Board of Land Appeals properly applied the statutes establishing that a grazing preference cannot be exercised after the corresponding grazing permit is not renewed for bad behavior. 		Administrative Agencies 9th Sep. 3, 2021
Martin v. Sundial Marine Tug & Barge Works
Under the Longshore and Harbor Workers' Compensation Act, Section 910(a) can 'reasonably and fairly' be applied even when a five-day worker works more than 260 days. 		Administrative Agencies 9th Sep. 3, 2021
Modification: In re Friend
Proposition 66's new restrictions on presentation of habeas corpus claims in 'successive' petitions apply only to those claims that were or could have been raised in earlier petition, not on newly available claims. 		Criminal Law and Procedure CASC Sep. 3, 2021
Whole Woman's Health v. Jackson
Order 		USSC Sep. 3, 2021
Ashby v. Ashby
In domestic violence restraining order context, challenging sufficiency of evidence requires setting forth, discussing and analyzing both favorable and unfavorable evidence. 		Family Law 4DCA/3 Sep. 2, 2021
Pearce v. Briggs
Because a will's operative language did not reflect an unequivocal intent to irrevocably sever a joint tenancy, the joint tenancy interest was not severed. 		probate_and_trusts 5DCA Sep. 2, 2021
In re Moore
Defendant's age is a relevant factor in determining whether defendant acted with reckless indifference to human life. 		Criminal Law and Procedure 1DCA/3 Sep. 2, 2021
Landis v. Wash. State MLB Stadium Pub. Facilities Dist.
Because district court did not analyze second 'Accessible Stadiums' requirement, its decision concluding that stadium satisfied Americans with Disabilities Act was vacated. 		Disability Discrimination 9th Sep. 2, 2021
Rodriguez-Ramirez v. Garland
Several inconsistencies in asylum applicant's testimony directly regarding his claim of persecution supported an adverse credibility determination. 		Immigration 9th Sep. 2, 2021
In re Murray
No equal protection violation in affording juvenile life without parole offenders a youth offender hearing but denying such a hearing to youthful (18 to 25) offenders. 		Civil Rights 1DCA/2 Sep. 2, 2021
In re Nichols
Bankruptcy courts are prohibited from invoking equitable considerations to contravene 11 U.S.C. Section 1307(b)'s express language conferring upon Chapter 13 debtors absolute right to dismiss their case. 		Bankruptcy 9th Sep. 2, 2021
Wolstoncroft v. County of Yolo
Reverse validation proceedings may be subject to equitable tolling by parties' agreement. 		Civil Procedure 3DCA Sep. 1, 2021
City of Chico v. Superior Court
Government Code Section 831.2 provided governmental immunity to city when 130-year-old tree's branch that predated city's park fell on plaintiff. 		Immunity 3DCA Sep. 1, 2021
People v. Rodriguez
Penal Code Section 1473.7 does not bar defendants from moving to vacate a past conviction at a time when they are in custody for another, unrelated conviction. 		Criminal Law and Procedure 1DCA/2 Sep. 1, 2021
Swenberg v. Dmarcian
Foreign defendant purposefully availed himself to California when he presented himself as a leader of a California corporation and participated in business phone calls regarding day-to-day operations in California. 		Civil Procedure 1DCA/2 Sep. 1, 2021
Wasito v. Kazali
Labor Code Sections 206 and 206.5 preclude Code of Civil Procedure Section 998 offer that resolves disputed wage claims if there are undisputed wages due at time of offer. 		Labor Law 2DCA/6 Sep. 1, 2021
Green v. Healthcare Services, Inc.
Because jury found that treatment facility was negligent and its negligence was a cause of patient's suicide, court did not err in not instructing jury on superseding cause defense. 		Torts 4DCA/3 Sep. 1, 2021
People v. Saxton
Defendant who was convicted of both misdemeanor exempt from Assembly Bill 1950's probation term limits and nonexempt felony can be ordered to serve term of formal probation specified by exempt misdemeanor. 		Criminal Law and Procedure 2DCA/6 Sep. 1, 2021
Wang v. City of Sacramento Police Dept.
Government Code Section 53069.4 appeal is available where the amount in controversy exceeds $25,000. 		statutory_interpretation 3DCA Sep. 1, 2021
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