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Amjadi v. Brown
Attorney may not settle client's case over client's objection and any provision of retainer agreement purporting to give attorney such authority is void.
Attorneys 4DCA/3 Sep. 1, 2021
Gov't of Guam v. Guerrero
District court did not err in applying the presumption of regularity where original certificates had been lost, but other internal records suggested that certificates of assessment had been timely issued.
Tax 9th Sep. 1, 2021
Yu v. Idaho State University
Because an international doctoral student had received numerous negative evaluations, University did not act with unconscious racial bias when it dismissed him from his program.
Civil Rights 9th Sep. 1, 2021
Rozanova v. Uribe
Photocopies of exhibits for a vexatious litigant motion are recoverable under Code of Civil Procedure Section 1033.5(a).
Civil Procedure 6DCA Sep. 1, 2021
Reddish v. Westamerica Bank
Because defendant might ultimately recover costs as a prevailing party, an order requiring the parties to split deposition costs was not appealable before a final judgment.
Civil Procedure 1DCA/5 Aug. 31, 2021
Olson v. Hornbrook Community Services District
State Water Resources Control Board, not the court, should decide issues pertaining to operator certification.
Administrative Agencies 3DCA Aug. 31, 2021
Modification: People v. Wilson
Unlawful and forcible entry into residence is predicate to application of Home Protection Bill of Rights presumption, and porch is not within residence.
Criminal Law and Procedure 3DCA Aug. 31, 2021
Modification: Kim v. R Consulting & Sales, Inc.
Contempt proceedings cannot form basis of malicious prosecution cause of action because contempt is a subsidiary procedural action; thus, anti-SLAPP motion was properly granted.
Anti-SLAPP 4DCA/1 Aug. 31, 2021
Walker v. Superior Court (People)
Admission of hearsay evidence regarding nonpredicate offenses via expert evaluations at Sexually Violent Predator Act probable cause hearing prejudiced defendant.
Criminal Law and Procedure CASC Aug. 31, 2021
McHugh v. Protective Life Insurance Co.
Insurance Code Sections 10113.71 and 10113.72 apply to all life insurance policies in force when these two sections went into effect, regardless of when the policies were originally issued.
Insurance CASC Aug. 31, 2021
Porretti v. Dzurenda
Injunctive relief requiring prison officials to provide plaintiff certain medications while incarcerated was proper.
Civil Rights 9th Aug. 31, 2021
Sisley v. U.S. Drug Enforcement Administration
Under the Controlled Substance Act, petitions filed with the Drug Enforcement Agency require administrative exhaustion.
Administrative Agencies 9th Aug. 31, 2021
Bladeroom Group Ltd. v. Emerson Electric
In English contract interpretation, court need not look at how commercially reasonable contract term is if that term is stated in clear and plain language.
Contracts 9th Aug. 31, 2021
The Democratic National Committee v. Hobbs
Order
9th Aug. 31, 2021
Brown v. Kijakazi
Order
9th Aug. 31, 2021
Amended Opinion: U.S. v. Gear
In order to gain a conviction under 18 U.S.C. Section 922(g)(5)(B), government must prove defendant knew he was admitted into the country under a nonimmigrant visa.
statutory_interpretation 9th Aug. 31, 2021
Jacqueline B. v. Rawls Law Group
Plaintiff's malpractice claim was not sufficiently related to law firm's and its lawyers' contacts with California.
Civil Procedure 2DCA/2 Aug. 30, 2021
City of Escondido v. Pacific Harmony Grove Development
Porterville doctrine applied and valued condemned property at its undeveloped state.
Eminent Domain 4DCA/1 Aug. 30, 2021
Alabama Assn. of Realtors v. Department of Health and Human Services
Statute granting Centers for Disease Control and Prevention authority to require fumigation and disinfection does not also grant it authority to impose moratorium on evictions.
Administrative Agencies USSC Aug. 30, 2021
Johnson v. Arteaga-Martinez
Order
USSC Aug. 30, 2021
Garland v. Gonzalez
Order
USSC Aug. 30, 2021
U.S. v. Pollard
Nothing in record objectively demonstrated defendant would not have pled guilty had he known of 18 U.S.C. Section 922(g)(1)'s knowledge-of-status element.
Criminal Law and Procedure 9th Aug. 30, 2021
Reyes Afanador v. Garland
Applying 'Matter of Cortes Medina' retroactively to petitioner's 2011 conviction for indecent exposure was impermissible.
Immigration 9th Aug. 30, 2021
Ayla LLC v. Alya Skin
Because overseas business's operations showed significant focus on United States and plaintiff's claims arose from those operations, business had minimum contacts with United States.
Civil Procedure 9th Aug. 30, 2021
Americans for Prosperity Foundation v. Bonta
Order
9th Aug. 30, 2021
Holman v. County of Butte
Because the discovery rule applies to actions based on liability by statute, plaintiff was not barred from pursuing his claim by the statute of limitations.
Civil Procedure 3DCA Aug. 27, 2021
Modification: People v. Yang
Trial court abused its discretion by allowing expert testimony regarding postpartum mental disorders without sufficient factual basis and by admitting defendant's privileged psychological records.
Criminal Law and Procedure 3DCA Aug. 27, 2021
Norbert v. City and County of San Francisco
Inmates are not entitled to outdoor exercise under Fourteenth Amendment if there are other meaningful recreational opportunities.
Civil Rights 9th Aug. 27, 2021
Association of Irritated Residents v. U.S. Environmental Protection Agency
Because Environmental Protection Agency failed to provide reasoned explanation for approving state plan, rule was arbitrary and capricious.
Environmental Law 9th Aug. 27, 2021
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 Aug. 27, 2021