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Modification: People v. Scully
Excusal of prospective juror was proper because she described death vote as 'possibility' but never stated she could actually impose death penalty when warranted.
Criminal Law and Procedure CASC Aug. 2, 2021
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 Jul. 30, 2021
Mahler v. Judicial Council of California
Although plaintiffs' complaint was not barred by legislative immunity, their disparate impact age discrimination claim failed to allege causal connection.
Judges 1DCA/1 Jul. 30, 2021
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 Jul. 30, 2021
Bonni v. St. Joseph Health System
Disciplinary actions imposed through peer review do not qualify as protected activity under anti-SLAPP statute.
Anti-SLAPP CASC Jul. 30, 2021
People v. Bryant
Mandatory supervision terms and conditions are to be evaluated for reasonableness on case-by-case basis under 'People v. Lent' test.
Criminal Law and Procedure CASC Jul. 30, 2021
U.S. v. Telles
No substantial evidence of defendant's incompetence during proceedings where defendant understood charges against him and discussed mental health as part of litigation strategy.
Criminal Law and Procedure 9th Jul. 30, 2021
Hollingsworth v. Heavy Transport, Inc.
Jurisdictional questions regarding workers' compensation coverage are properly decided by court, not jury.
Employment Law 2DCA/4 Jul. 29, 2021
Fisher v. MoneyGram International, Inc.
Arbitration provision was unconscionable because it was hidden on back side of money transfer order form, in tiny 6-point print that was virtually illegible.
Contracts 1DCA/4 Jul. 29, 2021
U.S. v. Gomez
Prosecution may preemptively rebut defense of entrapment when defendant clearly indicates he will present entrapment defense.
Criminal Law and Procedure 9th Jul. 29, 2021
U.S. v. Dade
Defendant did not demonstrate his convictions 'relied on' residual-clause definition of 'crime of violence' under 18 U.S.C. Section 16(b).
Criminal Law and Procedure 9th Jul. 29, 2021
Bahr v. Regan
Environmental Protection Agency's conclusion that Arizona achieved statutory required reduction in ozone concentration by July 2018, in compliance with Clean Air Act, was valid.
Environmental Law 9th Jul. 29, 2021
National Parks Conservation Association v. Federal Energy Regulatory Commission
Federal Energy Regulatory Commission may properly limit intervention in post-licensing deadline extension proceedings.
Administrative Agencies 9th Jul. 29, 2021
National Pork Producers Council v. Ross
Proposition 12 does not impose impermissible extraterritorial effects where it is neither price-control nor price-affirmation statute.
Constitutional Law 9th Jul. 29, 2021
Bailey v. MacFarland
Domestic relations exception to federal diversity jurisdiction applied because plaintiff was seeking modification to existing divorce decree.
Civil Procedure 9th Jul. 29, 2021
Orellana v. Mayorkas
Under 'circumstance-specific' approach, district court is not limited to reviewing record in criminal case in determining loss to victim for purposes of 8 U.S.C. Section 1101(a)(43)(M)(i).
Immigration 9th Jul. 29, 2021
City and County of San Francisco v. All Persons Interested in the Matter of Proposition G
Supermajority requirement does not apply to citizens' initiatives.
statutory_interpretation 1DCA/4 Jul. 28, 2021
R-Calf v. Vilsack
Promotional materials by third-parties that are subject to Secretary of Agriculture's pre-approval is government speech and exempt from First Amendment scrutiny.
Constitutional Law 9th Jul. 28, 2021
Jackson v. Park
Defense counsel engaged in misconduct by falsely arguing excluded evidence did not exist and by arguing facts outside the record.
Attorneys 2DCA/7 Jul. 28, 2021
Huy Fong Foods, Inc. v. Underwood Ranches, LP
Hot sauce manufacturer's concealment of its decision not to renew its long-standing contractual relationship with pepper farmer constituted fraudulent concealment.
Contracts 2DCA/6 Jul. 28, 2021
Marriage of L.R. and K.A.
Mother's poor co-parenting did not amount to level of destroying Father's 'mental and emotional calm' to constitute abuse under Domestic Violence Prevention Act.
Family Law 4DCA/1 Jul. 28, 2021
In re B.D.
Juvenile courts must consider whether parents' continued substance abuse had any negative effect on parent-child relationship before terminating parental rights.
Juveniles 4DCA/1 Jul. 28, 2021
People v. Vasquez
When defendant commits crime to benefit umbrella gang, and umbrella gang satisfies primary activities and predicate offense requirements, it is not necessary to establish any connection between subsets of umbrella gang.
Criminal Law and Procedure 5DCA Jul. 28, 2021
Modification: Voice of San Diego v. Superior Court (County of San Diego)
Public interest in not disclosing exact location of COVID-19 outbreaks outweighed public interest in disclosure.
Public Records Act 4DCA/1 Jul. 28, 2021
Brach v. Newsom
California's ban on in-person schooling in private school setting abridges fundamental right of parents to control their children's education.
Constitutional Law 9th Jul. 27, 2021
Fast Trak Investment Co. v. Sax
Order
9th Jul. 27, 2021
Pollock v. Tri-Modal Distribution Services, Inc.
Actionable quid pro quo sexual harassment occurs when employees have actual or constructive knowledge of employer's decision to not promote due to harassment.
Employment Law CASC Jul. 27, 2021
People v. Lewis
Penal Code Section 1170.95(c) does not require petitioner to first make prima facie showing that he is entitled to relief in order to be appointed counsel.
Criminal Law and Procedure CASC Jul. 27, 2021
U.S. v. Pangang Group
Being deemed instrumentality of foreign state under Foreign Sovereign Immunities Act requires more than relying on indictment's allegation of being "state-owned."
Criminal Law and Procedure 9th Jul. 27, 2021
Gordon v. County of Orange
Qualified immunity was reversed because plaintiff had clearly established constitutional right to proper medical screening to ensure medically appropriate protocol was initiated.
Civil Rights 9th Jul. 27, 2021