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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. 20, 2021
Martin v. California Coastal Commission
California Coastal Commission correctly interpreted City's Local Coastal Program and Municipal Code.
Administrative Agencies 4DCA/1 Jul. 20, 2021
M.M. v. D.V.
Family Code Section 7612(c) requires biological father seeking third parent status to show existing relationship with child.
Family Law 4DCA/1 Jul. 20, 2021
Whitewater Draw v. Mayorkas
Department of Homeland Security's Instruction Manual, which implements National Environmental Policy Act regulations, did not constitute 'final agency action' subject to review under Administrative Procedure Act.
Environmental Law 9th Jul. 20, 2021
Foothill Church v. Watanabe
Order
9th Jul. 20, 2021
Kennedy v. Bremerton School District
Order
9th Jul. 20, 2021
Champir, LLC v. Fairbanks Ranch Association
Determination of who is prevailing party requires ascertaining proper litigation objective.
Attorneys 4DCA/1 Jul. 19, 2021
People v. Pinedo
Defendant was entitled to have his 'narcotics offender' registration struck under plain language of the newly enacted Assembly Bill No. 1261.
Criminal Law and Procedure 5DCA Jul. 19, 2021
People v. Mount
Application to designate felony conviction as misdemeanor on behalf of deceased defendant is moot where there is no showing that granting petition would provide any effective relief.
Criminal Law and Procedure 1DCA/1 Jul. 19, 2021
Lemos v. County of Sonoma
District court properly dismissed 42 U.S.C. Section 1983 excessive force claim after jury convicted plaintiff of resisting, obstructing, or delaying peace officer.
Civil Rights 9th Jul. 19, 2021
Agendia v. Becerra
Medicare Act's notice-and-comment provision did not apply to local coverage determinations because such determinations did not establish or change substantive legal standard.
Health Care 9th Jul. 19, 2021
United States v. Williams
Term by which Washington offense is punishable is limited by upper bound of its mandatory guidelines range.
Criminal Law and Procedure 9th Jul. 19, 2021
Modification: Remedial Construction Services v. Aecom
Subcontract's incorporation of voluminous contract containing arbitration agreement between other parties was insufficient to subject parties to arbitration.
Arbitration 2DCA/6 Jul. 19, 2021
Doe # 1 v. Biden
Order
9th Jul. 19, 2021
United States v. Valdez-Lopez
District court did not act vindictively in resentencing defendant to longer term of imprisonment where it granted defendant's motion to vacate his conviction, and where two sentences were imposed by different judges.
Criminal Law and Procedure 9th Jul. 19, 2021
People v. Lopez
Trial counsel failed to provide defendant with accurate and affirmative advice about immigration consequences of his plea agreement.
Criminal Law and Procedure 4DCA/3 Jul. 16, 2021
Struiksma v. Ocwen Loan Servicing, LLC
Wrongful foreclosure claims were not precluded by prior unlawful detainer action under Code of Civil Procedure Section 1161a.
Civil Procedure 4DCA/3 Jul. 16, 2021
Lil' Man in the Boat v. City & Cnty. of San Francisco
There is no indication that Congress intended private right of action in Rivers and Harbors Act Section 5(b)(2).
Civil Rights 9th Jul. 16, 2021
Lund v. Cowan
Any claim challenging judge's in-court statement suggesting trust beneficiary has Down syndrome was barred by judicial immunity.
Judges 9th Jul. 16, 2021
Moore v. Trader Joe's
No deceptive marketing where other available information about product would flag reasonable consumer that product is not 100 percent as stated.
Consumer Law 9th Jul. 16, 2021
Ferra v. Loews Hollywood Hotel, LLC
Like regular rate of pay, regular rate of compensation includes all nondiscretionary payments, not just hourly wages.
Employment Law CASC Jul. 16, 2021
Modification: Briley v. City of West Covina
Former employee need not exhaust administrative remedies when final administrative decisionmaker is personally and antagonistically involved.
Administrative Agencies 2DCA/4 Jul. 16, 2021
People v. Dworak
There was no prosecutorial misconduct when prosecutor used hyperbolic language to describe defendant's expert witness at closing arguments.
Criminal Law and Procedure CASC Jul. 16, 2021
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 Jul. 15, 2021
E.E. v. Norris School District
District court properly found that administrative law judge's stay put placement under Individuals with Disabilities Education Act was void.
Education 9th Jul. 15, 2021
Khachatryan v. Blinken
U.S. citizen adult child does not have protected liberty interest to bring alien parent into U.S.
Immigration 9th Jul. 15, 2021
People ex rel. Allstate Insurance Co. v. Rubin
Medical reports and bills in support of insurance claims were defendant's usual course of business and may not have resulted in litigation; thus, trial court properly denied defendant's anti-SLAPP motion.
Anti-SLAPP 4DCA/3 Jul. 14, 2021
Mai v. HKT Cal, Inc.
Attorney invoices can be used to corroborate plaintiff's testimony that amount billed was paid and as evidence of amount's reasonability.
Evidence 4DCA/1 Jul. 14, 2021
Lalayan v. Garland
Immigration Judge provided specific and cogent reasons for finding petitioner's testimony implausible.
Immigration 9th Jul. 14, 2021
Social Technologies v. Apple
Because plaintiff did not engage in bona fide use of mark in commerce, its trademark registration was invalid.
Intellectual Property 9th Jul. 14, 2021