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Cedar Point Nursery v. Hassid
Order
9th Aug. 5, 2021
Olean Wholesale Grocery Cooperative Inc. v. Bumble Bee Foods LLC
Order
9th Aug. 5, 2021
Howard Jarvis Taxpayers Assn. v. Weber
Any burden resulting from Senate Bill No. 117's implementation was minor and justified by the state's regulatory interests.
Constitutional Law 3DCA Aug. 5, 2021
Family Health Centers of San Diego v. State Dept. of Health Care Services
Federally qualified health center's outreach activities were akin to advertising and were thus not reimbursable under Medi-Cal.
Administrative Agencies 3DCA Aug. 4, 2021
Conservatorship of Farrant
Right to accounting can arise from possession of money or property which because of special relationship, defendant is obliged to surrender.
Conservatorship 2DCA/6 Aug. 4, 2021
Rivelli v. Hemm
Claim must arise out or or relate to forum-related activities to satisfy personal jurisdiction.
Civil Procedure 6DCA Aug. 4, 2021
Modification: Pear v. City & County of S.F.
Secondary easement is no more than the right to do that which is necessary for the principal easement's enjoyment.
Real Property 6DCA Aug. 4, 2021
Valenzuela v. City of Anaheim
Prohibiting 'loss of life damages' would run afoul of 42 U.S.C. Section 1983's remedial purpose.
Civil Rights 9th Aug. 4, 2021
In re Noah S.
Minor's attempted robbery adjudication qualified as offense under Welfare and Institutions Code Section 707(b).
Juveniles 1DCA/3 Aug. 4, 2021
Ayala v. Superior Court (People)
Threat of death that causes sustained fear for immediate family member's life meets requirements for crime of making criminals threats.
Criminal Law and Procedure 1DCA/3 Aug. 3, 2021
Law Finance Group, LLC v. Key
100-day deadline to file petition to vacate arbitration award cannot be altered by agreement.
Arbitration 2DCA/2 Aug. 3, 2021
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. 3, 2021
Berg v. Pulte Home Corp.
After insurer's equitable subrogation entitlement was adjudicated in insurer's favor by trial court sitting in equity, defendant was entitled to jury trial on legal claims by insurer.
Civil Procedure 3DCA Aug. 3, 2021
People v. Morales
Trial court's failure to instruct that requisite great bodily injury or death under firearm use enhancement must be to person other than accomplice was prejudicial error.
Criminal Law and Procedure 1DCA/4 Aug. 3, 2021
Romero v. Garland
'Clearly and beyond doubt' burden applies only to 'applicants for admission' and does not apply to lawfully admitted petitioners applying for adjustment of status.
Immigration 9th Aug. 3, 2021
Capriole v. Uber Technologies
Federal Arbitration Act's residual clause exemption is not met where service is primarily local and intrastate in nature.
Arbitration 9th Aug. 3, 2021
Maie v. Garland
Hawaii's fourth degree theft statute does not qualify as a crime involving moral turpitude.
Immigration 9th Aug. 3, 2021
People v. Palacios
Trial court properly admitted defendant's proffer statements when defendant did not meet agreed upon condition precedent of answering truthfully.
Criminal Law and Procedure 2DCA/2 Aug. 2, 2021
People v. Lapenias
Trial court erred when it allowed expert testimony that it is 'rare' for children to make false allegations of sexual abuse, but error was harmless.
Criminal Law and Procedure 4DCA/3 Aug. 2, 2021
People v. Nolasco
No equal protection violation in differential treatment of recommitment orders' end dates for those with mental illnesses versus those with developmental disabilities.
Constitutional Law 2DCA/2 Aug. 2, 2021
People v. Walker
By correcting one part of sentence, trial court is resentencing defendant and is obligated to look at most current facts and law to determine whether they render different part of sentence incorrect.
Criminal Law and Procedure 2DCA/2 Aug. 2, 2021
Exline v. Gillmor
Public official's Form 700 filings falls within Code of Civil Procedure Section 425.17(d)(2)'s exception to public interest exemption to anti-SLAPP statute.
Anti-SLAPP 4DCA/3 Aug. 2, 2021
Braganza v. Albertson's LLC
Party who seeks continuance must show why discovery necessary to oppose motion for summary judgment could not have been completed sooner.
Civil Procedure 4DCA/2 Aug. 2, 2021
Modification: People v. Potter
'Miranda' advisements were not required for defendant who voluntarily went to police station to take polygraph examination, was told he was free to leave, and was not arrested after confessing.
Criminal Law and Procedure 3DCA Aug. 2, 2021
In re L.O.
Mere fact that parents had separated did not establish that father no longer posed substantial risk of serious physical harm to child.
Juveniles 4DCA/2 Aug. 2, 2021
People v. Clark
Defendant's unpaid balance of monthly $100 probation supervision fee was struck under Assembly Bill 1869.
Criminal Law and Procedure 1DCA/4 Aug. 2, 2021
John Doe v. Nestle, S.A.
Order
9th Aug. 2, 2021
Wide Voice v. Federal Communications Commission
Competitive local exchange carrier's tariffed rate was unlawful because it violated FCC's benchmarking rule by exceeding established step-down rates.
Administrative Agencies 9th Aug. 2, 2021
Thompson v. Hebdon
Alaska's individual-to-candidate campaign contribution limit of $500 a year was not closely drawn to meet its objectives.
Constitutional Law 9th Aug. 2, 2021
AdTrader Inc. v. Google
Order awarding attorneys' fees from common fund is not immediately appealable where parties stipulated that attorneys' fees would be paid out of defendant's pocket.
Attorneys 9th Aug. 2, 2021