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Jones v. Regents of the University of California
Workers' compensation was the exclusive remedy for university employee who was injured on campus while riding her bike home from work, based on the premises line rule.
Torts 4DCA/3 Nov. 29, 2023
Z.V. v. Cheryl W.
Mother's notice of appeal was untimely because judgment was entered when the court provided an oral statement of decision, not when it reduced this oral statement to writing.
Civil Procedure 1DCA/3 Nov. 28, 2023
People v. Curiel
Jury's finding of intent to kill did not, itself, conclusively establish defendant's ineligibility for relief under Penal Code Section 1172.6.
Criminal Law and Procedure CASC Nov. 28, 2023
In re Banks
Disciplinary finding that inmate engaged in conspiracy to introduce drugs into prison via the mail was unsupported as there was no evidence the inmate had made any agreement with the sender.
Prisoners' Rights 3DCA Nov. 28, 2023
State of California v. Alco Harvest
Agreement to arbitrate, as a material term, requires H-2A employers to disclose such waiver in job description submission to Department of Labor.
Arbitration 2DCA/6 Nov. 24, 2023
People v. Trammel
*Serrato* exception to double jeopardy did not apply because trial court imposed a harsher sentence on remand rather than a more lenient one.
Criminal Law and Procedure 1DCA/1 Nov. 22, 2023
People v. Nunez
Trial court did not err when it instructed jury that for provocation to reduce first degree to second degree murder, provocation must come from victim, not someone else.
Criminal Law and Procedure 4DCA/3 Nov. 22, 2023
Modification: Mattson Technology v. Applied Materials
Trial court should have stayed proceeding until completion of arbitration when common factual questions as to misappropriation of trade secret activities existed as to both former employee and competitor defendants.
Civil Procedure 1DCA/5 Nov. 22, 2023
Waid v. County of Lyon
Defendants were entitled to qualified immunity on plaintiffs' Fourth Amendment excessive force claim where officers shot the unarmed decent as he charged down a short hallway towards them.
Qualified Immunity 9th Nov. 22, 2023
Cottonwood Environmental Law Center v. Edwards
Environmental group could not advance a direct-discharge theory of liability against sewage treatment center because its underdrain pipe did not transfer pollutants between meaningfully distinct water bodies
Environmental Law 9th Nov. 22, 2023
Brown v. Duringer Law Group PLC
Tenants' federal Fair Debt Collection Practices Act lawsuit was not barred by the *Rooker-Feldman* doctrine because there was no state-court judgment adjudicating defendants' second memorandum of costs.
Civil Procedure 9th Nov. 22, 2023
Modification: City of Gilroy v. Superior Court (Law Foundation of Silicon Valley)
Nonprofit Law Foundation's petition for writ of mandate against Gilroy under the California Public Records Act was denied because the City produce all nonexempt police bodycam footage.
Public Records Act 6DCA Nov. 22, 2023
People v. Mazur
Penal Code Section 1385 provided trial court with discretion to not dismiss fraudster's white-collar enhancement in the interest of justice.
Criminal Law and Procedure 4DCA/1 Nov. 22, 2023
H.B. v. Superior Court (Hall)
Victim of human trafficking was statutorily entitled to restitution for economic loss suffered when defendant stole her income for himself despite the fact her labor was itself an illegal activity.
Criminal Law and Procedure 1DCA/4 Nov. 21, 2023
People v. Cota
Recently amended Penal Code Section 1385(c) did not require mandatory dismissal of sentencing enhancements because mandatory language was subject to the court's statutory discretion.
Criminal Law and Procedure 5DCA Nov. 21, 2023
People v. Christianson
Section 1172.75 entitles inmates to resentencing even if the invalid enhancement was stayed.
Criminal Law and Procedure 4DCA/1 Nov. 21, 2023
Modification: BioCorRx, Inc. v. VDM Biochemicals, Inc.
Trial court erred in granting anti-SLAPP motion because the challenged statements--allegedly confidential information regarding a soured business agreement--fell under the statute's commercial speech exemption.
Anti-SLAPP 4DCA/3 Nov. 21, 2023
E. I. du Pont de Nemours & Co. v. Abbott
Order
USSC Nov. 21, 2023
Idaho Conservation League v. Poe
Because defendant's suction dredge mining activity was not a simple transfer of water, it required a Clean Water Act permit.
Environmental Law 9th Nov. 21, 2023
People v. Salazar
Case was remanded for resentencing under the newly enacted Senate Bill No. 567 because defendant had qualifying psychological trauma and violence criminal history did not outweigh the lower term presumption.
Criminal Law and Procedure CASC Nov. 21, 2023
Gantner v. PG&E Corp.
Public Utilities Code Section 1759 barred class action lawsuit alleging electric company's negligent maintenance of power grids economically harmed its customers.
Utilities CASC Nov. 21, 2023
People v. Mosqueda
California's gun licensing statute does not facially violate the Second Amendment because its invalid portions were severable.
Constitutional Law 3DCA Nov. 21, 2023
People v. Banks
Sufficient evidence supported finding that criminal defendant used force to cause a minor to engage in a commercial sex act where text messages showed defendant was abusive and psychologically manipulative.
Criminal Law and Procedure 2DCA/6 Nov. 21, 2023
People v. Allen
Defendant was ineligible for felony murder amendment resentencing because all charges the jury was instructed on required a finding of intent to kill.
Criminal Law and Procedure 2DCA/6 Nov. 21, 2023
Griffin v. HM Florida-ORL LLC
Order
USSC Nov. 20, 2023
Land v. California Unemployment Insurance Appeals Bd.
Order
1DCA/1 Nov. 20, 2023
People v. Reyes
Defendant was ineligible for resentencing under Penal Code Section 1172.6 because his conviction occurred after the changes to murder liability had already become effective.
Criminal Law and Procedure 5DCA Nov. 20, 2023
Zuniga De La Cruz v. Garland
Exclusionary rule does not apply to civil immigration proceedings, so statements admitting illegal presence in the United States were admissible absent any evidence of coercion.
Immigration 9th Nov. 20, 2023
In re Hicks
Mixed offense inmate who was not currently serving the sentence for his violent felony was not entitled to early parole consideration.
Criminal Law and Procedure 2DCA/2 Nov. 20, 2023
Modification: Tak Chun Gaming Promotion Company Limited v. Long
California's well-established, extensive public policy against gambling indebtedness prevented foreign entity's attempt to use California court to enforce gambling debt.
Gaming 2DCA/2 Nov. 20, 2023